Responding to Allegations of Buying/Selling SNAP Benefits

Responding to Allegations of Buying/Selling SNAP Benefits

Getting accused of SNAP fraud feels scary. Your reputation and livelihood are at risk. But don’t panic – skilled defense lawyers can fight the allegations. This article explains how cases work and strategies to protect yourself. My goal is to educate and give hope.

What is SNAP Fraud?

SNAP is food stamps. Fraud means breaking the rules. Common accusations include:

• Trading SNAP benefits for cash
• Buying ineligible items like alcohol or tobacco
• Lying on your application about income or household
• Using someone else’s EBT card

The government cracks down hard on this stuff. But often mistakes and cultural barriers lead to innocent people getting accused [2]. Don’t panic – a good lawyer can fight back.

Why Does SNAP Fraud Happen?

Lots of reasons – like needing cash to pay bills. Immigrants might not understand the rules. Store owners want more inventory options. It’s rarely a scam or get-rich scheme.

Sure, some people do commit intentional fraud. But many have no criminal intent. Language gaps, unclear rules, and cultural misunderstandings often lead to unintentional violations.

The point is – this stuff is complicated. So even if accused, stay calm and know experienced attorneys can defend you.

How SNAP Fraud Cases Work

It starts with a tip or investigation by the USDA [1]. They look for red flags like:

• Trading EBT cards for cash
• Suspicious SNAP purchases
• Fake applications
• EBT cards from multiple states

If they find evidence, you get charged administratively and sometimes criminally. Harsh penalties happen even for honest mistakes.

Administrative Disqualification

A USDA judge decides if fraud occurred. The evidence standard is low – basically just “more likely than not.” If guilty, you can get:

• Banned from SNAP for 1-10 years
• Fines up to $100k

This is civil, not criminal. But it can still destroy your business and reputation.

Criminal Prosecution

Trafficking over $5k in benefits is a federal felony. State prosecutors can also charge crimes based on benefit amounts. Penalties include:

• Prison time
• Fines and asset forfeiture
• Probation

Criminal cases have higher evidence standards but convictions bring harsh punishments.

How a Lawyer Defends You

Skilled SNAP fraud lawyers fight using strategies like:

• Attacking weak evidence
• Exposing procedural violations
• Negotiating lower penalties
• Appealing unfair verdicts
• Humanizing you to prosecutors

We dig for flaws in their case. Even if evidence looks bad, winning dismissals or acquittals is possible with an aggressive defense.

Key Defenses and Tactics

Some top ways we defend SNAP fraud cases include:

• No criminal intent – Mistakes don’t equal crimes. We show you didn’t knowingly break rules.
• Entrapment – Undercover agents can’t induce fraud. We argue they crossed lines.
• Cultural barriers – Language and cultural gaps often cause unintentional violations.
• Unclear rules – Ambiguous regulations lead to inadvertent violations.
• Unreliable informants – We undermine credibility of tipsters with motives.

Experienced lawyers know how to poke holes in the prosecution’s case. We humanize you and highlight flaws in their evidence and theories.

Fight Back and Protect Your Rights

If accused of SNAP fraud, contact a skilled defense lawyer immediately. Don’t go it alone against the power of the government.

With an experienced guide, you can avoid unfair punishment or criminal records. We know how to stand up to sloppy investigations and ambiguous regulations.

You have rights even when accused of welfare fraud. Let us help uphold them. We can protect your business, reputation, and freedom.

The Investigation Process

SNAP fraud investigations typically start with a tip or complaint. This prompts the USDA to start gathering evidence.

Investigators will look for suspicious activity like:

• Unusually high SNAP redemptions
• Multiple EBT cards used at a store
• EBT purchases of ineligible items
• Inconsistent store inventory

They may conduct undercover operations, video surveillance, or confidential informants. Store owners can be asked to provide purchase invoices and inventory records.

If investigators find clear violations, you will get a letter charging SNAP fraud. This starts administrative disqualification or criminal prosecution.

Administrative Disqualification Hearings

These quasi-judicial hearings determine if SNAP violations occurred. They are held before an administrative review officer.

You can present evidence and witnesses to fight the charges. But the standard of proof is very low compared to criminal court – just a “preponderance of evidence.”

If found guilty, you will face SNAP disqualification penalties based on the violation. You can appeal within 10 days, but reversals are rare.

Criminal SNAP Fraud Trials

For serious trafficking over $5,000, prosecutors can pursue criminal charges. This means going to trial in federal or state court.

The standard of proof is much higher – “beyond a reasonable doubt.” But convictions can lead to prison, probation, and permanent SNAP bans.

An experienced criminal defense lawyer is essential to fight the charges in court. They can file suppression motions, investigate weaknesses, and negotiate plea bargains if needed.

Sentencing Considerations

If convicted of criminal SNAP fraud, your sentence will depend on factors like:

• Your criminal history
• Acceptance of responsibility
• The amount trafficked
• Aggravating or mitigating circumstances

A skilled lawyer will advocate for the lightest sentence possible under sentencing guidelines. Alternatives like deferred adjudication may also be available.

Avoiding SNAP Violations

The best way to avoid SNAP fraud allegations is to follow the rules closely. Be very careful about:

• Only accepting EBT for eligible food items
• Keeping precise inventory records
• Not trading cash for benefits
• Reporting any suspicious activity

If unsure about EBT policies, consult the USDA website or a lawyer. An ounce of prevention is worth a pound of legal fees.

Get Experienced Legal Help

Facing SNAP fraud accusations is frightening. But an experienced lawyer can guide you through the process and defend your rights.

Don’t go it alone against federal prosecutors. With an aggressive defense, many cases can be dismissed or reduced to minor penalties.

Every situation is unique. But skilled litigators know how to attack weak evidence and technical errors. There is hope even in serious trafficking cases.

Contact a reputable defense lawyer for a free consultation. Protect your business, reputation and freedom from unfair judgement.