Food Stamp Fraud in New York

Rising Food Stamp Fraud Cases in the Bronx

In the state of New York, the cases of food stamp fraud is on the rise. In the Bronx, the cost of living is steadily on the rise, many people attempting to feed their families have committed fraud in exchange for services that are illegal under the state of New York laws. If you have been charged with food stamp fraud, you should contact an attorney as quickly as you can. It is imperative that you get out in front of this issue for obvious reasons. A food stamp fraud conviction could potentially ruin your life. You could face fines, suspension from the program, jail time and a ruined reputation.

Understanding SNAP and Food Stamp Fraud

Food stamps, or the SNAP program as it is referred to now, helps provide food for needy families. Unfortunately, there are some individuals who use exchange food stamps on their EBT card for cash, cigarettes, beer and other items. This is forbidden. Under the 7 U.S.C. 2024 any person on the SNAP program who defrauds in amounts under $100 can be charged with a misdemeanor. If you defraud over the amount of $100, you can get charged with a felony. The U.S. Department of Agriculture Nutrition Services has many ways to catch fraud. Several are not even known by the public. If you receive a letter in the mail stating that you are under investigation, the time to do something about it is now. These charges are serious. It is important that you have a strong defense when you go to court. Only a seasoned food stamp fraud attorney can help you with your case. The government is not there to help you. If you go to a hearing without benefit of a lawyer, you will soon find yourself in hot water by your own doing. A person unfamiliar with court proceedings can easily say or admit to things they should not. And it will be used against you. Let a professional do the talking for you.

The Prevalence of Food Stamp Fraud

While the instances of food stamp fraud are relatively low, the government will still come down on you if you are suspected of fraud. About 45 million people across the U.S. receive SNAP benefits. The rate of fraud is only about 1 percent. However, there are individuals who regularly attempt to scam the system.

Common Ways to Commit Food Stamp Fraud

Other ways to commit food stamp fraud include lying about your income, lying about your household size to get extra benefits, lying about the cost of shelter, utilities and other expenses in the home, lying about resources like vehicles and bank accounts and lying about custody.

Reporting Changes in Circumstances

If you receive food stamps under the SNAP program, you are required to contact your social worker if your circumstances change. This can mean a better job with more income, paying lower rent and the coming and going of individuals in your home. There are times when people fail to report. Now this could be an innocent mistake. They do happen. Let a seasoned attorney present your case to prove intent or lack thereof.

Changes in Income and Employment

If you begin working or begin making more money for any reason and don't report this increase in income, then you can be charged with fraud. You will usually need to submit a review application every six months so that the social services department can examine your household information. Many states require food stamp recipients to work at least a minimal number of hours, but if you work more hours and don't report these details, then you would be committing a fraudulent act.

False Separation Claims

Another common example involves a couple who live together and apply for benefits. They could be denied food stamp benefits because they make too much money together. However, they could report that they have separated with one person completing the application in order to receive food stamps. This person would fail to disclose that the other person is still living in the home and contributing to the household finances. Until the couple does legally divorce, then the income of the couple should be combined. This is one way that many people believe they can get around the government system and commit fraud against the food stamp program.

How Businesses Commit Food Stamp Fraud

Businesses can also commit food stamp fraud. They do so by selling items like beer, cigarettes and non-food items. This can also result in expulsion from the SNAP program, hefty fines and even jail time. The government also has databases that trigger potential fraud. If you are a business owner, a paper trail can lead to the fraud. The government will even use your own video surveillance against you. This is the reason why you should always seek out the advice of an attorney if you are charged with food stamp fraud. Let a professional lay out your case for you.

The Investigation and Charges Process

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If the state suspects that you are committing some type of food stamp fraud or has enough information to accuse you of fraud, then you will usually be sent a letter so that you can explain your situation and to submit the proper information to the office. Once this information is received, then the decision will rest with the state office as to whether you would be charged with fraud or not. Sometimes, you will need to complete an interview with your caseworker to go over the details of your case. If it's discovered that you did commit fraud, then you could be arrested or could be asked to go to court to defend yourself against your actions.

Why Legal Representation Is Critical

Food stamp fraud is one of the easiest government frauds to commit because of the details of the information that is required on the application. There are a few different ways you can modify the details on your application in order to receive benefits or in order to receive more benefits than you are supposed to receive. An attorney can be beneficial so that you have someone who understands the laws surrounding food stamps and fraud. Your attorney can help you gather the paperwork that you need to take to court and offer a defense about why you committed the fraudulent act. Sometimes, you might leave off information by mistake, and if this was the case, then your attorney can assist in delivering these details to the court.

Penalties for Food Stamp Fraud

If you are found guilty of food stamp fraud, then you could face several months in jail and be denied these benefits in the future. You could also be ordered to pay back the amount that you've received while the fraud took place. It is important that you always submit truthful information on an application so that you aren't suspected of this crime.

Get Legal Help Today

Don't deal with Bronx Food Stamp Fraud charges alone. Speak to the Spodek Law Group today.