N.Y. Laws » CHAPTER Penal / PART Specific Offenses / TITLE Offenses Against Public Administration / ARTICLE Official Misconduct and Obstruction of Public Servants Generally
New York Consolidated Laws

N.Y. Penal Law § 195.20 (2026)

Defrauding the government

✓ current as of May 2026
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§ 195.20 Defrauding the government.
  A person is guilty of defrauding the government when, being a public
servant or party officer, he or she:
  (a) engages in a scheme constituting a systematic ongoing course of
conduct with intent to:
  (i) defraud the state or a political subdivision of the state or a
governmental instrumentality within the state or to obtain property,
services or other resources from the state or a political subdivision of
the state or a governmental instrumentality within the state by false or
fraudulent pretenses, representations or promises; or
  (ii) defraud the state or a political subdivision of the state or a
governmental instrumentality within the state by making use of property,
services or resources of the state, political subdivision of the state
or a governmental instrumentality within the state for private business
purposes or other compensated non-governmental purposes; and
  (b) so obtains property, services or other resources with a value in
excess of one thousand dollars from such state, political subdivision or
governmental instrumentality.
  Defrauding the government is a class E felony.
Notes of Decisions
Cited in 17 cases, 1988–2020 · leading case: People v. Tansey, 156 Misc. 2d 233 (N.Y. Sup. Ct. 1992).
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People v. Tansey, 156 Misc. 2d 233 (N.Y. Sup. Ct. 1992). · cites it 4× “I will then turn to the separate arguments raised by each defendant challenging other crimes with which each alone has been charged: Smith’s attack upon one count charging him with defrauding the government (Penal Law § 195.20); and Tansey’s constitutional challenge to two…”
People v. Ohrenstein, Babbush, Sanzillo & Montalto, 153 A.D.2d 342 (N.Y. App. Div. 1989). · cites it 2× “A final count charged all defendants except Senator Quattrociocchi with defrauding the government (Penal Law § 195.20 [eff Nov. 1, 1986]) in that from November 1, 1986 to December 24, 1986, they obtained property from the State by a scheme to defraud.”
People v. Mikuszewski, 538 N.E.2d 1017 (N.Y. 1989). “65 [1] [b] [another circumstance raised to felony level but not relevant here]; see also, L 1986, ch 833; Penal Law § 195.20 [eliminating the multiple victims requirement when the scheme to defraud is perpetrated against the government, also not charged here]).”
People v. Ohrenstein, 565 N.E.2d 493 (N.Y. 1990). “05) and a scheme to defraud the government (Penal Law § 195.20) rest on the same premise.”
People v. Etkin, 284 A.D.2d 579 (N.Y. App. Div. 2001). “Given the statutory definitions of the crimes and the acts to which defendant pleaded (see, Penal Law §§ 195.20, 215.00), we find that the same criminal act neither constitutes both offenses nor constitutes one offense while being a material element of the other (see, People v…”
People v. Dabbs, 192 A.D.2d 932 (N.Y. App. Div. 1993). “The same reasoning would tend to equate the clearly dissimilar acts of harming a "seeing eye” dog (see, Penal Law §§ 195.”
People v. Ohrenstein, 139 Misc. 2d 909 (N.Y. Sup. Ct. 1988). · cites it 2× “A single count of defrauding the government (Penal Law § 195.20; L 1986, ch 833, eff Nov.”
Guertin v. United States, 913 F. Supp. 2d 1 (S.D.N.Y. 2012). “Defrauding the government by acting individually and in concert with DeStefano and Novesky, “to obtain property from the state or a political subdivision of the state or a governmental instrumentality within the state by false or fraudulent pretenses, representations or…”
People v. Haskell, 68 A.D.3d 1358 (N.Y. App. Div. 2009). “fraudulent pretenses, representations or promises,” as a result of which defendant obtained property from the Town having a value in excess of $1,000 (Penal Law § 195.20). Defendant’s claim that the People failed to prove a “systematic ongoing course of conduct” — either because…”
People v. Ridge, 25 Misc. 3d 432 (2009). “35, defrauding the government, in violation of Penal Law § 195.20, and official misconduct, in violation *434 of Penal Law § 195.”
People v. Vanguard Meter Serv., Inc., 160 Misc. 2d 685 (N.Y. Sup. Ct. 1994). “(See, Penal Law § 195.20; People v Tansey, 156 Misc 2d 233 [Sup Ct 1992] [services are property for purposes of the crime of defrauding the government].”
People v. Schrag, 147 Misc. 2d 517 (1990). “, Penal Law §§ 195.20, 190.60). While several Penal Law fraud statutes are directed specifically to preventing property or pecuniary loss, the fraud crimes in article 175 of the Penal Law are not so delimited and therefore the "intent to defraud” terminology must be interpreted…”
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