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Staten Island Food Stamp Fraud Lawyers

By Spodek Law Group | June 29, 2017
(Last Updated On: December 16, 2023)

Last Updated on: 16th December 2023, 12:51 am

Eating Through the Legalities of Food Stamps and Decoding Fraud

Picture This: Food Stamps

Food stamps, or SNAP benefits as they are officially known, are a form of aid posed on the number of people in a household and their income. However, there’s no guarantee these benefits will be handed out like free candy, especially if particular thresholds aren’t met. If, for instance, there are no kiddos around, the benefits might be a meager amount or none at all.

The money to fund food stamps comes from taxes paid by working individuals – hence, it’s a benefit. However, some folks don’t quite appreciate that reality and are tempted into committing food stamp fraud.

Funking It Up with Food Stamp Fraud

Playing fast and loose with food stamp benefits can manifest in multiple ways. The most common tactic? People trading their food stamps for cold, hard cash. Uncle Sam calls it “trafficking,” and it’s a no-go in pretty much all states. Another route to fraud is lying one’s behind off on the application to get more benefits than deserved or score some when not eligible at all.

Applicants can get ‘creative,’ lying about the number of occupants in the house or the income they rake in. Usually, proof of income must be shared when applying, but when people get paid under the table, truth-telling tends to take a vacation. Lower reported income equals larger benefits, tempting some folks to claim they aren’t quite minting it. Businesses previously convicted of fraud sometimes also lie on applications to accept food stamps again.

But here’s the good news – thanks to stricter oversight and penalties, trafficking incidences have taken a downward turn recently. Even the USDA hints at improvements in the agency overseeing businesses, with attempts at curbing food stamp exchanges or their acceptance by ineligible businesses. Although explicit warnings on application forms talk of the risks of fraud, some people still indulge in it. However, continuous efforts from both whistle-blowers and government agencies appear to be curbing these fraudulent actions.

Exposing Common Unlawful Practices

A recurrent practice amongst food stamp recipients is swapping card benefits for money to splurge on alcohol, cigarettes, apparel, household items, etc. However, the rulebook says only the cardholder can use the benefits to cater to family needs.

Sometimes, people strike deals where the cardholder buys someone groceries, and they return the favor by purchasing non-eligible items for the cardholder. Other common lies include declaring more household members or claiming zero employment. But when inconsistencies between reported income and bank or tax statements pop up, it can lead to disqualification from the program or even criminal charges.

Penalties: Facing the Music

The price for committing food stamp fraud can vary from felonies to misdemeanors, depending on the fraud’s duration and the amount involved. Usually, the magic number differentiating between the two is $2,500.

A felony conviction for food stamp fraud often involves a jail term of at least a year, fines, and restitution – reimbursing the amount wrongly received. Such a conviction usually nips any future chances of getting food stamp benefits in the bud.

A misdemeanor charge, on the other hand, might lead to probation, fines, and restitution, with the possibility of some jail time. The guilty party is typically barred from future benefits in most states.

Defenses: Advocating Against Fraud Charges

Renowned law firms like Spodek Law Group can scrutinize the evidence to distinguish between intentional fraud and plain oversight. For instance, their legal whizzes might argue that the defendant innocently forgot to include new income details or was compelled to lie or traffic benefits under duress.

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