What Is Food Stamp Fraud?
New York’s welfare fraud laws prohibit any user of a public benefit card to commit a crime in association with benefits. The regulations governing this can be found under sections 158.00-158.50. Whether the offense will be punished as a misdemeanor or a felony depends on the amount of money involved. If the funds are more than one million dollars, then the state will classify it as a class B felony. Most individual cases do not reach those levels, but when dealing with a convenience store, it can easily exceed the misdemeanor thresholds. What does the state consider food stamp fraud? Well, anyone that makes a false claim on their application concerning their income or finances is guilty. Also, using someone else’s identity to apply for benefits is illegal. Using a food stamp card that belongs to someone else is also considered a criminal act. The state may choose to press larceny charges along with fraud in this instance. The food stamp program is a way to help those who need assistance meeting their nutritional needs. If you trade your food stamps for other services or food for another family, then the state considers this to be fraudulent. Selling food stamps or using them as a bargaining tool is deceitful and is punishable by law.Both Business and Individuals Are Often Investigated
Food stamp fraud allegations are not just for individuals. Businesses can also find themselves facing criminal repercussions. If the charges are found to be truthful, then the company will lose their ability to accept SNAP benefits. The livelihood of the business, as well as the customers that depend on this store, can be devastated. Businesses that allow their customers to use SNAP benefits to buy hot, prepared foods can face charges. They cannot accept transferred foods stamps from one part to the next. Additionally, they cannot exchange cash for the value of the benefits either.Helping Businesses Fight Back
⚖ Legal Pulse: Key Statistics
15,000+
Federal Cases Filed Annually
90%
Plea Before Trial
Helping Individuals Clear Their Name
Defending the allegations against food stamp fraud can be a difficult feat. The police and state lawyers may not understand what happened in your case. A lawyer can get them the evidence they need as well as help them see the truth of the issue. In many cases, this is all that is needed to resolve the matter. Some people cheat the system, but they do not realize that they have committed a crime. Food stamp fraud can be accidental too. Did the law violate your rights to investigate this matter? If your lawyer finds that is the case, then they can file a motion to suppress any evidence obtained.Hiring A Food Stamp Attorney
If you do not want to take your case to trial, then you can pursue a plea resolution to end the claim. Sometimes, even if there is a compelling case, the state will not want to mess with a trial. Your lawyer may be able to negotiate a resolution that will allow you to keep your benefits and clear your name. A food stamp fraud attorney can help you with the charges against you and come up with a plan to put this issue behind you.
Frequently Asked Questions
No. You have the right to remain silent and the right to an attorney. Invoke both rights immediately and contact Spodek Law Group.
Every case is different. We offer free initial consultations to evaluate your case and discuss our fee structure.
An arraignment is your first court appearance where charges are formally read. You enter a plea and bail may be set. Having an attorney present is critical.
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