The California Supreme Court issued its opinion today in People v. Garcia, upholding its previous decision that the collateral estoppel doctrine bars the subsequent criminal prosecution for welfare fraud of a welfare recipient who has been exonerated of fraud charges in an administrative hearing on the underlying welfare overpayment!

The Court remanded to allow the Court of Appeal to determine the factual question of whether the People are estopped in Ms. Garcia's case from prosecuting for welfare fraud, including a determination of whether the issues litigated at the administrative hearing and the criminal prosecution for welfare fraud and perjury were identical.

LAAC successfully argued, both in its amicus brief and at oral argument before the CA Supreme Court, that the Court should uphold its previous decision in People v. Sims (1982) 32 Cal.3d 468.

Click here to view the Court's decision and LAAC's amicus brief.

Many thanks to Dora Luna and Dick Rothschild, at Western Center on Law and Poverty, for their wonderful work on LAAC's amicus brief, and to Gary Smith, Legal Services of Northern California, for his work on the brief and for doing the oral argument on behalf of LAAC before the Supreme Court!