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Food Stamp Fraud Lawyers
If you’re on our website right now, it’s likely because you’re facing an allegation of food stamp fraud, or you suspect you’re under investigation by state or federal authorities. At Spodek Law Group, we know how scary it is to be in this position. We know how important it is to protect your freedom, your finances, and your future. That’s why we’re here 24/7 to provide a risk-free consultation and help you understand all your options.
Our mission is simple: we want to get you the best possible outcome, whether that’s a dismissal of charges or a favorable plea agreement. Our attorneys have over 50 years of combined experience handling challenging legal situations, and we’re never afraid to tackle complex investigations. We pride ourselves on offering a white-glove service experience, where communication, transparency, and empathy are at the forefront of everything we do.
Below, we’ll talk about what food stamp fraud means, the penalties that can come with a conviction, and the various defense strategies we might use to protect you. We’ll also explain the difference between state and federal jurisdiction, and why it matters for your case. Regardless of your situation, know that our criminal defense attorneys can help you if you’re facing a food stamp fraud charge—anywhere in the USA.
Understanding Food Stamp Fraud
“Food stamp fraud” generally involves allegations that someone misused or abused the Supplemental Nutrition Assistance Program (SNAP). This program, run by the USDA, provides benefits (commonly called “food stamps”) to individuals who need help buying groceries. Prosecutors and investigators often charge individuals and business owners with food stamp fraud if they believe you:
- Exchanged SNAP benefits for cash or non-food items.
- Inflated claims or used false information to obtain SNAP benefits.
- Made misrepresentations on a SNAP application to receive higher benefits than you were entitled to.
- Allowed unauthorized purchases or engaged in “trafficking” of EBT cards.
Under 7 U.S.C. § 2024, it’s a crime to knowingly use, possess, transfer, or acquire SNAP benefits in any unauthorized manner. This statute applies to both recipients and retailers who accept SNAP benefits. If federal authorities (like the USDA Office of Inspector General) believe you committed a violation, you might face an investigation, criminal charges, or administrative sanctions. If the alleged fraud is significant—or crosses state lines—federal prosecutors often charge you under 18 U.S.C. § 1343 (wire fraud) or 18 U.S.C. § 1341 (mail fraud), especially if they believe you used telephones, email, or the postal system to facilitate the scheme.
Federal vs. State Jurisdiction
It’s important to note that food stamp fraud can be charged in either state or federal court. If the alleged offense is relatively small and confined to a single jurisdiction, you may deal with local or state authorities. If the allegations involve a large amount of money, multiple defendants, or transactions in different states, it often becomes a federal case. Federal prosecutors can be more aggressive, and the penalties in federal court can be more severe.
Key Distinctions
- State Cases: Typically involve state welfare fraud statutes, and the penalty structure can vary based on the amount of alleged fraud.
- Federal Cases: Often involve the U.S. Sentencing Guidelines and may include related charges like conspiracy under 18 U.S.C. § 371.
Potential Penalties for Food Stamp Fraud
We know that when you face food stamp fraud allegations, it’s not just a simple misdemeanor that goes away with a slap on the wrist. This can be a serious charge, and if the government believes the fraud is large-scale, you could face felony counts, hefty fines, and even prison time. Below are some penalties you might face if convicted.
1. Incarceration
Depending on the size and scope of the alleged fraud, you could face anywhere from a few months in jail to multiple years in prison. Federal convictions can carry significantly longer sentences, especially if you’re found guilty of mail fraud, wire fraud, or conspiracy charges.
2. Fines and Restitution
Courts often order defendants to pay fines in addition to restitution. Fines might range from thousands to hundreds of thousands of dollars, depending on the value of the alleged fraud. Restitution typically involves repaying the government for any benefits you weren’t entitled to receive.
3. Probation and Supervised Release
Some cases result in probation if the court finds mitigating circumstances or a smaller fraud amount. If you’re convicted in federal court, you may also face a term of supervised release after serving any prison time.
4. Permanent Disqualification from SNAP
A food stamp fraud conviction can result in being permanently barred from receiving future SNAP benefits. That can have a huge impact on you and your family, especially if you rely on these benefits for assistance.
5. Immigration Consequences
Non-U.S. citizens facing food stamp fraud charges can experience severe immigration consequences. A felony conviction can lead to deportation, denial of naturalization, or inadmissibility if you ever leave and want to re-enter the country.
6. Collateral Damage
Beyond criminal penalties, a conviction can hurt you in other ways. You might lose job opportunities due to having a criminal record. You might face public stigma, difficulty obtaining housing, and challenges applying for certain loans. If you’re a business owner, you might lose your license or the ability to accept SNAP benefits in the future.
Common Legal Theories and Statutes
When federal or state investigators build a case, they often rely on multiple statutes. Here’s a rundown of what we typically see in our practice:
- 7 U.S.C. § 2024 (Food Stamp Fraud)
- Covers unauthorized possession or use of SNAP benefits, including trafficking.
- Applies to both recipients and retailers who process SNAP transactions.
- 18 U.S.C. § 1341 (Mail Fraud)
- Used when the government claims you used the mail system to further a fraudulent scheme.
- Often paired with 7 U.S.C. § 2024 if the alleged scheme involves documents or EBT cards shipped by mail.
- 18 U.S.C. § 1343 (Wire Fraud)
- Covers fraud executed through electronic communications, such as phone or email.
- In the context of SNAP, you might face wire fraud charges if you processed fraudulent EBT transactions across state lines or used phone calls/emails to organize the scheme.
- 18 U.S.C. § 371 (Conspiracy)
- Used when the government believes two or more people “conspired” to commit fraud.
- Sometimes added to show a concerted effort among multiple defendants or multiple store owners.
These statutes can be complex. Federal prosecutors often combine them to maximize your exposure to prison time and fines. We know how prosecutors work. We have decades of experience pushing back and getting charges reduced or dismissed when the evidence is weak.
Different Defense Strategies: Roleplaying Various Scenarios
At Spodek Law Group, we don’t apply a “one-size-fits-all” approach. We believe in building a defense strategy that’s specific to your situation. Below are different scenarios that highlight how we approach these cases.
Scenario 1: Individual Accused of Lying on Application
Situation: You’re an individual who’s been receiving SNAP benefits for years. Prosecutors claim you lied about your household income to increase your monthly benefits, and now they’re alleging you committed felony fraud. The total alleged “loss” to the government is $10,000.
Possible Defenses
- Lack of Intent: We might show that you didn’t willfully misrepresent your finances. Perhaps you misunderstood the application or forgot to update your information.
- Insufficient Evidence: The government must prove beyond a reasonable doubt that you knowingly provided false information. If they only have vague evidence, we push for dismissal.
Scenario 2: Retailer Charged with SNAP Trafficking
Situation: You own a small grocery store. Investigators believe you gave customers cash in exchange for their SNAP benefits, which is illegal trafficking. They now want to revoke your ability to accept EBT payments, and they’re pressing criminal charges.
Possible Defenses
- Entrapment: If undercover agents pushed you into accepting a deal you normally wouldn’t have, or if they harassed you to the point you felt you had no choice, this might qualify as entrapment.
- Employee Misconduct: It’s possible a cashier carried out these transactions without your knowledge or permission. If you had no intent to defraud, you can’t be convicted for someone else’s conduct.
Scenario 3: Multi-State Conspiracy Allegation
Situation: The USDA alleges you’re part of a multi-state SNAP fraud ring. They claim multiple retailers and individuals collaborated to defraud the government out of $300,000. You discover there’s a federal grand jury investigating you, and you might be charged with conspiracy, wire fraud, and food stamp fraud.
Possible Defenses
- Severance: We might file a motion to separate your case if the evidence against you is minimal compared to the other defendants.
- Challenging Conspiracy: The government must show a clear agreement and intent to commit a crime. Simply knowing people who committed a crime isn’t enough.
Scenario 4: Accusation of “Overcharging” and Ineligible Purchases
Situation: You manage a local convenience store. Prosecutors say you charged customers using their EBT cards for non-eligible items, like alcohol or cigarettes, or artificially inflated prices so you could profit illegally.
Possible Defenses
- Mistaken Transactions: If your store is busy and your POS system is confusing, employees might have scanned the wrong items. That doesn’t always mean criminal intent.
- Government’s Calculation of Loss: The alleged “loss” to the government might be exaggerated. If the real number is significantly smaller, it can drastically reduce or even eliminate felony charges.
Scenario 5: Wire Fraud Add-On Charges
Situation: You’re being charged with food stamp fraud, plus wire fraud because the government claims you used phone calls, emails, and interstate EBT transactions to facilitate the scheme.
Possible Defenses
- No Fraudulent Intent: Using the phone or email for everyday business doesn’t mean you committed wire fraud. There must be a plan to defraud.
- Statutory & Procedural Violations: If investigators overreached, illegally recorded conversations, or violated your Fourth Amendment rights, we can move to suppress that evidence.
The U.S. Sentencing Guidelines and Sentencing Nuances
For federal cases, the judge often looks to the U.S. Sentencing Guidelines to determine your sentencing range. Here’s a simplified breakdown of how it might work:
- Base Offense Level: Fraud-related offenses start with a certain level.
- Loss Amount: The total fraud loss can increase or decrease the offense level.
- Enhancements: Using sophisticated means or victimizing vulnerable people might increase your sentence.
- Reductions: Accepting responsibility can lower your guidelines range by a few points.
| Approx. Loss Amount | Potential Increase in Offense Level |
|---|---|
| Up to $6,500 | Minor or no increase |
| $6,501 – $15,000 | +2 to +4 levels |
| $15,001 – $40,000 | +4 to +6 levels |
| $40,001 – $95,000 | +6 to +8 levels |
| Above $95,000 | +8 or more levels, depending on exact total |
*These guidelines are approximate and can change based on your criminal history or other details.*
The biggest factor is the government’s “loss calculation.” Prosecutors often inflate the numbers by including every questionable transaction in that total. Our team challenges that. We’ll go line by line through the alleged transactions, see if the government lumped together legitimate EBT purchases, and argue the actual fraud amount is much lower. If we can reduce the loss figure, we can often push you into a lower guidelines range or even get the case dismissed if the evidence is thin.
Avoiding Double Jeopardy
“Double Jeopardy” prevents you from being tried twice by the same sovereign for the same offense. But under the “dual sovereignty doctrine,” the federal government and state governments are separate, which means you could theoretically face both federal and state charges. This rarely happens in practice because agencies usually coordinate and decide which entity will prosecute. If you find yourself facing parallel investigations, we need to address that immediately. We can often negotiate with one or both prosecuting entities to ensure you aren’t double-charged.
How We Can Help You
At Spodek Law Group, we are dedicated to delivering results. We handle your case from start to finish. We understand your fears. We treat your case like it’s our own, and we fight aggressively.
Our Process
- Risk-Free Consultation: When you call us, we’ll talk about your situation, the allegations you’re dealing with, and your goals. This discussion is confidential.
- Case Evaluation: Once retained, we request all relevant documents from the government. We inspect everything: subpoenas, indictments, EBT transaction logs, and more.
- Strategic Planning: Based on the evidence, we’ll outline potential defenses, whether it’s filing motions to dismiss, motions to suppress, or aiming for a favorable plea deal.
- Open Communication: We maintain a digital portal for secure communications, billing, and document sharing. We’re available 24/7 because we know emergencies don’t happen on a 9-5 schedule.
- Negotiation or Trial: We either negotiate with prosecutors to reduce or dismiss charges, or we take the case to trial if that’s the best route for you. Our attorneys have extensive trial experience, and we’ll fight for the best outcome possible.
Why Spodek Law Group?
- Over 50 Years of Combined Experience: Our team of criminal attorneys has handled complex cases from Los Angeles to NYC.
- Top Rated: We’re recognized nationwide. Many clients come to us through referrals by attorneys who know we deliver.
- Selective Case Load: We don’t take every single client. We only take cases we believe we can truly help. That means you get our undivided attention.
- Digital Innovation: We’re one of the few law firms in the country with an online portal for clients. Everything is transparent, from uploading evidence to checking status updates.
- Proven Success: We’ve resolved countless cases successfully—some of them high-profile. We understand the importance of your reputation. We focus on winning.
Practical Tips if You’re Under Investigation
- Stay Silent: If investigators contact you, don’t make statements without an attorney present. Anything you say can be used against you.
- Collect Documents: Start compiling any relevant receipts, records, or emails. The more organized you are, the better we can defend you.
- Contact an Attorney Immediately: The sooner we get involved, the better. Waiting too long can complicate your defense.
- Don’t Discuss the Case with Others: Be cautious about talking to friends, family, or co-workers about the allegations. Prosecutors can subpoena them as witnesses.
- Prepare Yourself: Being accused of fraud is stressful. Rely on our firm to guide you. We’ll explain every step of the process, so you know what to expect.
Possible Outcomes and Paths to Resolution
Our goal is to get your charges dismissed or drastically reduced. In some instances, we can persuade prosecutors to drop the case if the evidence is weak. In other cases, we negotiate a plea agreement that avoids lengthy incarceration. Below is a summary of potential outcomes:
- Dismissal: Best-case scenario if we prove the government’s evidence is insufficient or was obtained illegally.
- Not Guilty at Trial: If the government can’t meet its burden of proving guilt beyond a reasonable doubt, you walk free.
- Plea Agreement: Often involves pleading to a lesser charge, reduced sentence, or restitution. We only recommend this if it’s in your best interest.
- Deferred Adjudication/Probation: Some jurisdictions offer diversion programs for first-time offenders. Successful completion can lead to dismissed charges.
- Civil/Administrative Resolution: If the government decides not to pursue criminal charges, you may still face administrative penalties, such as losing your eligibility for SNAP.
Example of a Complex Case
Imagine you’re running multiple supermarkets across the tri-state area. The USDA claims you’ve allowed employees to exchange EBT benefits for cash at several store locations, and they say the total fraud is $250,000. You get a letter from a federal prosecutor, telling you you’re under investigation, and you’re terrified because you don’t want to lose your business or end up in federal prison.
Here’s what we do:
- Investigate the Evidence: We request the USDA’s transaction logs and interview your employees. We see if investigators conducted undercover stings or if they based their allegations solely on suspicious transaction patterns.
- Dispute the Loss Amount: We identify legitimate sales that the government incorrectly flagged as fraudulent. We show your stores often handle bulk transactions for large families, and that alone doesn’t indicate fraud.
- Look for Procedural Errors: We check if investigators violated your rights or coerced employees into making statements. If there’s entrapment, we raise that as a defense.
- Negotiate or Go to Trial: If prosecutors see we’re serious, they might offer a plea that spares you from heavy incarceration. If they won’t negotiate fairly, we’re prepared to go to trial and show the jury the flaws in the government’s case.
That’s how we operate. We’re not afraid of any situation, no matter how complicated it looks. We’ve handled big cases. We’ve handled smaller cases. Our priority is the same: get you the best possible resolution.
FAQs
1. Can I face state and federal charges for the same food stamp fraud?
Yes, but it’s unusual. Under the dual sovereignty doctrine, federal and state authorities can technically charge you for the same underlying conduct, but in most food stamp fraud cases, they decide on a single forum.
2. What if I genuinely made an error on my SNAP application?
If you can show it was an honest mistake—no criminal intent—prosecutors might reduce or dismiss the charge. We often use lack of intent defenses when the application is confusing, or the error is minor.
3. What is the likelihood of going to prison for a first-time offense?
That depends on the loss amount, aggravating factors, and your criminal history. Sometimes first-time offenders can get probation or a deferred prosecution. We’ll do everything in our power to keep you out of jail.
4. Will I lose the ability to receive SNAP benefits in the future?
A conviction usually leads to disqualification from the program, possibly permanent. Avoiding a criminal conviction or negotiating a lesser offense is critical if you rely on SNAP.
5. Do I really need an attorney right now?
Yes. These charges are complex, and anything you say or do can impact the outcome. The earlier you involve an experienced defense attorney, the better your chances of success.
We’re Here to Help—Contact Spodek Law Group
At Spodek Law Group, we focus on you: your needs, your concerns, and your future. Our role is to protect you from the moment you call us. We’ve represented clients nationwide, and we have a strong track record of resolving tough cases. We only take cases we believe we can help with—so when we work with you, you get our full attention.
We also pride ourselves on offering a digital client portal, where you can see all the documents related to your case, as well as invoices and communications. You deserve transparency, and we give that to you. If you have questions at 2 AM, we’re here for you. We’re open 24/7 because legal emergencies don’t follow a 9-5 schedule. We’re always ready to fight for you.
Final Thoughts: Protecting Your Rights and Securing Your Future
Food stamp fraud is serious. The prosecutors will come at you hard, and they’ll try to make you think you have no options. But you do. At Spodek Law Group, our goal is to show you how strong defense strategies can dismantle the prosecution’s narrative and lead to a positive outcome.
- We talk to you about every possible defense.
- We strategize about pre-trial motions and how to exclude unreliable evidence.
- We advocate for you in negotiations or at trial.
We’re recognized as a top-rated federal and state criminal defense law firm. We have over 50 years of combined experience, and our attorneys have been featured in major news outlets. We genuinely understand how the system works, and we know how to fight. If you’re charged with any form of SNAP fraud, call us. We will stand by you and do everything possible to protect your future.
Disclaimer: This content is for informational purposes only. It doesn’t create an attorney-client relationship. If you need legal advice tailored to your specific case, reach out to us for a formal consultation. We have offices throughout Long Island and NYC, and we handle cases nationwide. We look forward to helping you, and we encourage you to reach out now before making any decisions.