Trafficking – EBT PATTERNS

It used to be easy for babysitters to collect payments for children in their care while their parent collected benefits in a neighboring state. It was easy to collect for three children when you only had two. Even if your worker recognizes you and is familiar with your case, your worker has never been to your home. The worker doesn’t know which ones are really your children. It’s easy to collect extra money. If you exchange your food stamps for money or collect more benefits than you are entitled to, you should wonder what will happen to your children if you get arrested.

Food Stamp Fraud

Thirty people in Brushton, New York, were arrested for food stamp fraud at the Old Time Butcher Block Store. The store’s owner Dennis Sauve was also arrested. New York state police reported that the individuals used their EBT benefits to buy alcoholic beverages. Sauve (45) was charged with third-degree grand larceny for perpetrating the fraud.

According to New York law §155.35, third degree grand larceny is a class “D” felony requiring two to seven years in prison. Most food stamp fraud is committed by retail stores, not by food stamp recipients. The 30 arrests were the result of a thorough investigation by the USDA, the New York office of Temporary Disability Assistance, and the Franklin County District Attorney’s office.

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Legal Scenario: What Would You Do?

Scenario

You've been using your EBT card at multiple locations in a pattern that investigators flagged as inconsistent with personal use — purchasing large quantities of the same items and immediately reselling them for cash. A state fraud investigator has now contacted you requesting an interview about your benefit transactions over the past 18 months.

Can EBT purchase patterns really be used as evidence of benefits trafficking, and what kind of charges could I be facing?

Attorney's Answer

Yes, federal and state investigators routinely use Electronic Benefit Transfer transaction data to identify suspicious patterns such as repeated same-dollar purchases, transactions at unusual hours, or purchases inconsistent with household size — all of which can serve as strong evidence of trafficking under 7 U.S.C. § 2024, the federal food stamp fraud statute. If convicted of SNAP trafficking, you face up to 20 years in federal prison, fines up to $250,000, and permanent disqualification from benefits. You should not agree to any interview with investigators without an attorney present, as anything you say can and will be used to build a case against you. An experienced defense attorney can challenge the reliability of pattern-based evidence, argue that transactions have legitimate explanations, and negotiate to reduce charges or seek a pretrial diversion where possible.

This is general information only. Contact us for advice specific to your situation.

Small Stores

The U. S. Department of Agriculture reported, on June 2, 2017, that the vast majority of food stamp fraud occurs in small stores. New retailers participating in the Supplemental Nutrition Assistance Program (SNAP) increased 40 percent during the last five years. Most electronic benefit transfer (EBT) payments are spent in large chain supermarkets. Less than 0.5 percent of all food stamp fraud occurs where 82% of the benefits are spent.

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