Food stamp fraud is the misuse of the government food stamps program (SNAP) for personal gain. This fraud can be committed either by the recipients of food stamps or by participating retailers. Although SNAP is a federal program, it is overseen and administrated by the individual states, which means the penalties for food stamp fraud can vary from state to state. Generally speaking, however, depending on the nature and severity of the offense, the penalties range from disqualification from the program at best to fines and jail time at worst.
WHAT HAPPENS IF I’M SUSPECTED OF FOOD STAMP FRAUD?
Typically, the processing of suspected food stamp fraud is handled by the social services agency at the state or local level. If the agency suspects fraudulent activity, it will usually refer your case to the District Attorney for investigation to determine whether criminal charges will be filed. If the D.A. declines to press charges at the criminal level, social services will usually process it as a civil case, charging you with an Intentional Program Violation (IPV) and scheduling a hearing to verify whether an IPV occurred. If you’re found guilty of an IPV, you will be disqualified from the program for a specified period of time, and you’ll be required to pay back any overages. If your entire family is receiving benefits, in most cases you will be disqualified, but your family can continue to receive benefits. Repeated IPVs may mean permanent disqualification from the program.
If there is enough evidence, or if the offense is severe enough to warrant criminal charges, you may be formally charged with criminal food stamp fraud. If found guilty, not only will you be disqualified from the program, but you may also be fined and/or sentenced to prison. In cases of extreme or serious fraud, the fines can be as high as $100,000 or more, and prison time can be as much as 25 years.
If you are under suspicion for food stamp fraud, you want an experienced attorney representing you and guiding you through the process. For expert advice and representation, the Federal Criminal Law Center today at 404.633.3797.
