NYC Food Stamp Fraud Attorneys
Are you facing allegations of food stamp fraud? The State of New York commonly investigates recipients to ensure compliance. If they see anything that does not line up with your application, then the compliance department will demand proof. If you cannot provide adequate documentation, then charges will be filed against you for food stamp fraud.
Individuals are not the only ones affected by these laws. A grocery or convenience store owner that accepts state benefits can also fall under scrutiny. Improperly taking food stamp benefits can be a felony and a challenge to defend. An allegation of fraud can affect your livelihood. Families can lose the only method they have to feed their family and stores risk losing shoppers. Thankfully, there is help available.
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.
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(212) 300-5196The 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.
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
You received a letter from the New York Office of Temporary and Disability Assistance stating that your SNAP benefits are under investigation because your reported household income doesn't match employment records they obtained from the Department of Labor. They are demanding you appear for an interview and bring documentation for the past two years, and you realize some of your recertification forms may have contained errors about a part-time job you picked up.
Could I really face criminal charges just because I didn't report extra income on my food stamp application, and what kind of penalties am I looking at?
Yes, food stamp fraud is taken very seriously in New York and can be prosecuted under New York Penal Law as larceny — depending on the overpayment amount, you could face charges ranging from petit larceny (a misdemeanor for amounts under $1,000) up to grand larceny in the second degree (a Class C felony for amounts exceeding $50,000). Federal charges under 7 U.S.C. § 2024 are also possible if the government alleges a larger scheme, carrying penalties of up to five years in prison and fines up to $250,000. An experienced attorney can challenge the prosecution's calculation of the alleged overpayment, negotiate for a repayment agreement or civil resolution in lieu of criminal charges, and potentially get charges reduced by demonstrating that any misreporting was unintentional rather than a deliberate scheme to defraud. You should not attend that investigative interview without legal counsel, as anything you say can and will be used to build a criminal case against you.
This is general information only. Contact us for advice specific to your situation.
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.
