New Jersey Law Cracks Down on Food Stamp Fraud

Food stamp fraud has become a growing problem in New Jersey and across the country. To address this, New Jersey enacted Section 2C:20-36 of the state criminal code to specifically target the misuse of food stamps and other benefit cards. This law imposes strict penalties on those who obtain or use these benefits illegally when the value is $150 or more.

What Does the Law Say?

Section 2C:20-36 states that it is a third-degree crime if someone knowingly uses, transfers, acquires, alters, or possesses food stamp coupons, ATP cards, or other benefit cards in violation of the law, when the face value of the coupons or cards is $150 or more[1]. A third-degree crime in New Jersey carries a potential prison sentence of 3-5 years and a fine of up to $15,000[2].

The law covers the full range of fraudulent activities involving benefit cards. This includes using cards that belong to someone else, trading cards for cash or other goods (trafficking), or possessing cards that were illegally obtained. There is no requirement that the person actually use the cards to obtain food or other benefits. Simply having possession of cards with $150 or more face value illegally is enough to violate the law.

Penalties and Consequences

Because Section 2C:20-36 is a third-degree felony, convictions can have serious long-term consequences[3]. In addition to potential prison time, fines, and probation, a conviction can negatively impact someone’s career, housing, education, and finances for years to come.

Those convicted will also face mandatory forfeiture of any illegally obtained food stamp benefits. They may be disqualified from receiving food stamps or other public assistance benefits in the future.

Immigrants charged under this statute could face removal proceedings in immigration court. The offense qualifies as an “aggravated felony” under federal law, which is grounds for deportation.

Defenses to Food Stamp Fraud Charges

There are several legal defenses that skilled criminal defense attorneys may use to contest charges under Section 2C:20-36[4]:

• Lack of intent – The prosecution must prove that the defendant knowingly or purposely acquired or used food stamps or benefit cards illegally. If there is evidence the conduct was unintentional or without knowledge, charges may be dismissed.
• Unauthorized use – It may be possible to show that another person used the benefit cards without the defendant’s permission or knowledge. This would negate the intent element.
• Entrapment – If law enforcement pressured or induced the defendant into committing fraud, an entrapment defense may succeed. This applies in undercover sting operations.
• Misidentification – In cases relying on video surveillance, if the defense can show the person seen is not actually the defendant, the charges will fail.
• Procedural violations – If the police did not follow proper procedures in the investigation or arrest, important evidence against the defendant may be suppressed. This can sometimes lead to a dismissal.

Avoiding Allegations of Benefit Card Fraud

To stay on the right side of Section 2C:20-36, it is critical that benefit recipients follow the rules and use cards only as intended by the programs. Even transferring cards between friends or relatives or making small trades for cash or other items is illegal. Any activity that appears suspicious could prompt investigation and prosecution.

If charged under this statute, immediately retaining an experienced criminal defense lawyer is essential. An attorney may be able to negotiate dismissal of charges or pretrial intervention to avoid a criminal conviction. In cases going to trial, a lawyer can thoroughly assess defenses and hold the prosecution to its burden of proof.

Given the severe penalties involved, anyone facing food stamp fraud charges in New Jersey needs strong legal advocacy. With so much at stake, these cases merit aggressive defense representation.