Massachusetts General Laws

Mass. Gen. Laws ch. 18, § 5B (2026)

False representations or failure to disclose facts; penalty

✓ current as of July 2026

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Section 5B. Any person or institution which knowingly makes a false representation or, contrary to a legal duty to do so, knowingly fails to disclose any material fact affecting eligibility or level of benefits to the department of public welfare or its agents, for the purpose of causing any person, including the person making such representations, to be supported in whole or in part by the commonwealth, or for the purpose of procuring a payment under any assistance program administered by the department, shall be punished by a fine of not less than two hundred nor more than five hundred dollars or by imprisonment for not more than one year.

Nothing in this section shall be construed as preventing the institution of criminal proceedings for the violation of any other law of the commonwealth.

Notes of Decisions

Cited in 7 cases, 1982–2015 · leading case: De Vega v. Gonzales, 503 F.3d 45 (1st Cir. 2007).

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De Vega v. Gonzales, 503 F.3d 45 (1st Cir. 2007). “De Vega was convicted under Mass. Gen. Laws ch. 18, § 5B, which states: Any person [who] knowingly makes a false representation or, contrary to a legal duty to do so, knowingly fails to disclose any material fact affecting eligibility or level of benefits to the department of…”

Feldstein v. Bd. of Reg. in Med., 439 N.E.2d 824 (Mass. 1982). · cites it 2× “On November 14, 1979, he was indicted in ten counts under G. L. c. 18, § 5B, for making false representations to the Department of Public Welfare, on order to procure payments under the Medicaid program.”

Commonwealth v. Wright, 88 Mass. App. Ct. 82 (Mass. App. Ct. 2015). · cites it 3× “266, § 30, and four counts of public assistance fraud, G. L. c. 18, § 5B. These charge the defendant with attesting to false information on public benefits applications she submitted to the Department of Transitional Assistance (department), which resulted, according to the…”

Commonwealth v. Fortuna, 951 N.E.2d 687 (Mass. App. Ct. 2011). “Compare G. L. c. 18, § 5B (criminalizing “knowingly mak[ing] a false representation .”

Veksler v. Bd. of Reg. in Dentistry, 711 N.E.2d 562 (Mass. 1999). “118E, § 40; one indictment charging welfare fraud, G. L. c. 18, § 5B; and two indictments charging larceny, G.”

Commonwealth v. Minkin, 436 N.E.2d 955 (Mass. App. Ct. 1982). · cites it 2× “Accordingly, the defendants’ motions for required findings of not guilty on that element of the crimes were properly denied, (b) The defendants’ arguments with respect to the indictments framed under G. L. c. 18, § 5B, as appearing in St. 1973, c.”

Commonwealth v. Wright (Mass. App. Ct. 2015). · cites it 3× “266, § 30, and four counts of public assistance fraud, G. L. c. 18, § 5B. These charge the defendant with attesting to false information on public benefits applications she submitted to the Department of Transitional Assistance (department), which resulted, according to the…”

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