Maybe.
Fraud must be proved by showing that the defendant's actions involved five separate elements:
- (1) a false statement of a material fact,
- (2) knowledge on the part of the defendant that the statement is untrue,
- (3) intent on the part of the defendant to deceive the alleged victim,
- (4) justifiable reliance by the alleged victim on the statement
- (5) injury to the alleged victim as a result
(1) the lockbox or the Trust Fund.
If it isn't the politicians who make the laws lying to you, it is the bueracrats in the Social Security Administration lying to you. There is no lockbox, there is no Trust Fund.
Q27: Do the Social Security Trust Funds earn interest? - A: Yes they do. By law, the assets of the Social Security program must be invested in securities guaranteed as to both principal and interest.
(2) knowledge on the part of the defendant that the statement is untrue.
The SSA argues that they aren't a ponzi scheme, but they know what one is.
In contrast to a Ponzi scheme, dependent upon an unsustainable progression, a common financial arrangement is the so-called "pay-as-you-go" system. Some private pension systems, as well as Social Security, have used this design.
The SSA is aware that Social Security is no longer a Pay-As-You-Go system. Social Security is currently running a $2.6 Trillion deficit, although they would refer to this as an Asset. It isn't an asset in any normal sense.
- (3) intent on the part of the defendant to deceive the alleged victim,
The government is intent on deceiving the victim (taxpayers paying the payroll tax) of their property to pay for current retirees and to loan itself money to pay for other obligations.
- (4) justifiable reliance by the alleged victim on the statement
It isn't patently absurd that social security won't be available to you in your old age, a normal person who has been told all their life about SS probably still believes it will make up a majority of their retirement, or at least a minor part of it. The SSA notes that income has exceeded costs in 2010, and will remain so for the next 75 years.
- (5) injury to the alleged victim as a result
A 15.3% reduction in income is a serious injury. Based on 2010 Census data, a Per capita money income of $27,334 would result in $4,182 per annum. If invested with a modest rate of return (8%), over 46 years (age 21-67), would result in a return of $1.9 million dollars (2010 dollars).