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TRAINOR v. HERNANDEZ

No. 75-1407.

431 U.S. 434 (1977)

TRAINOR, DIRECTOR, ILLINOIS DEPARTMENT OF PUBLIC AID, ET AL. v. HERNANDEZ ET UX.

Supreme Court of United States.

Decided May 31, 1977.

Attorney(s) appearing for the Case

Paul J. Bargiel, Assistant Attorney General of Illinois, argued the cause for appellants. With him on the briefs were William J. Scott, Attorney General, and Stephen R. Swofford, Assistant Attorney General.

John Dienner III argued the cause for appellees Finley et al. in support of appellants. With him on the briefs were Bernard Carey and Paul P. Biebel, Jr.

Fred L. Lieb argued the cause for appellees Hernandez et ux. With him on the brief were Alan Dockterman, James O. Latturner, and Sheldon Roodman.

MR. JUSTICE WHITE delivered the opinion of the Court.

The Illinois Department of Public Aid (IDPA) filed a lawsuit in the Circuit Court of Cook County, Ill., on October 30, 1974, against appellees Juan and Maria Hernandez, alleging that they had fraudulently concealed assets while applying for and receiving public assistance. Such conduct is a crime under Illinois law, Ill. Rev. Stat., c. 23, § 11-21 (1973). The IDPA, however, proceeded civilly and sought only...

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