1st Offense Food Stamp Fraud in New York City

If you are accused of 1st Offense food stamp fraud in New York City, the most important thing to do is to not panic and not call the investigator. Instead, it makes sense to discuss the situation with an attorney. The consultation is free.

Food stamp fraud can potentially carry criminal penalties, even for first-time offenders. But a competent attorney in your jurisdiction may be able to significantly improve your situation.

As a food stamp fraud lawyer in New York City, I’ve helped many families out of difficult situations. My clients are typically accused of not reporting income or not reporting the man of the household on their application and recertification for welfare benefits. If you think you may be in that kind of situation, and you are being contacted by the Bureau of Fraud Investigation, then you may benefit from information I present in this article.

Under federal law, it is illegal to intentionally misuse or abuse the Supplemental Nutrition Assistance Program (SNAP), also known as food stamps. It is illegal to make false statements or provide false information in order to receive SNAP benefits, or to receive SNAP benefits while failing to disclose or report income, household members or other information that would affect eligibility.

I understand that you have a lot of questions. So here are the questions that people ask me all the time when they discuss their food stamp fraud cases, and my answers, based on my experience dealing with food stamp fraud investigations.

Should I contact the investigator?

In my opinion, it is best not to contact the investigator. They are trained to get you to provide incriminating information that can be used against you in court. If you talk to the investigator, they will ask to provide more information and will ask to provide documents. They will continue working the case until they build enough of a case to take to court and secure a criminal conviction.

Recently, they have also set up an online portal where they ask the targets of their investigation to send them documents. After that, if they receive enough incriminating information about their target, they may refer the case to the District Attorney’s office to prosecute in criminal court.

They may ultimately settle the case with no criminal liability. But they like to build a strong criminal case against you first. Which is something that you would rather do without.

And this is why speaking to an investigator is likely a bad idea. Because you will end up providing incriminating evidence against yourself.

If I just ignore the letters, will the case go away?

Ignoring the investigation is also a bad idea, because it will not go away on its own, it will only get escalated to the District Attorney’s Office. That’s because even though they don’t have your testimony, they typically already have enough documentary evidence to build a successful criminal case against you.

The the best way to resolve a food stamp investigation is to have a food stamp fraud lawyer handle it for you. Food stamp fraud lawyers are trained to protect your rights.

If you need a food stamp fraud lawyer, we at the Law Offices of Albert Goodwin are here for you. You can call us right away at 212-233-1233.

Should I tell the investigator that I’m in the process of hiring an attorney?

If a Department of Social Services investigator sees that you are not following up, they may try to contact you. You can just tell them that you cannot talk to them. There is no need to worry about disappointing the investigator. They understand that remaining silent is your right and that letting you remain silent is a part of their job.

It’s definitely not a good idea to back to them. Then you are just doing their job for them. Have a food stamp fraud lawyer follow up with them instead.

I don’t think I need a lawyer. Can I just outsmart the investigator?

An investigator has years of training and experience that you do not have. They have many strategies at their disposal. Here are some examples:

They can pretend to be friendly
They can lie to you
They can threaten you
They will try to get you to reveal incriminating information that can be used against you by the D.A.
They can detain you
They can show their true face and let you know what kind of trouble you’re really in
They can work in pairs and play good cop-bad cop
They can make you sign a statement
They will record everything you say
They can testify to what you’ve said
They have the time to be persistent

And what strategies do you have? None.

Do not talk to the investigator
Do not be friendly with them
Do not cry
Do not give them excuses
Do not try to show them that you’re a real person, not a criminal from TV
Do not think that if you’re honest and provide all the (incriminating) information, they will let you go
Do not tell them you’re a single mom
Do not beg for their sympathy
Do not tell them you don’t have money
Do not tell them you didn’t know
Do not tell them the children’s father and you are “separated” in your mind
Do not tell them someone else told you to fill out the application this way
Do not tell them you don’t know the language
Do not tell them the change is recent and you didn’t have the time to report it
Do not them you had no choice
Do not tell them it’s the government’s fault

If you continue talking to the investigators, you will crack under the pressure. Everyone does.

I already talked to the investigator. Am I in big trouble?

If you did already talked to the investigator, it’s not the end of the world, and there is no need to despair. But speak to a food stamp fraud attorney as soon as you can, to have the best strategy to remedy the situation.

What is the penalty for 1st offense food stamp fraud?

New York Penal Law 155 describes the sentencing guidelines for someone committing Food stamp fraud. The sentence depends on the total amount received. For most people, the amount received from food stamp is between over $3,000 and under $50,000, which according to the guidelines can carry a sentence of up to seven years in jail.

Amount Received	Degre of Welfare Fraud	Section of Penal Code	Felony Class	Penalty
In excess of $1,000 but not more than $3,000	Fourth Degree	PL 158.10	Class E Felony	up to 4 years in prison
In excess of $3,000 but not greater than $50,000	Third Degree	PL 158.15	Class D Felony	up to 7 years in prison
In excess of $50,000 but is not more than $1 million	Second Degree	PL 158.20	Class C Felony	up to 15 years in prison

If you are prosecuted by the District Attorney’s office and get sentenced, then you will not only have to go to jail but would also have to pay back the benefits received as restitution.

Do I have to pay back the benefits?

The important thing to remember is that the priority is to avoid criminal liability. Having said that, the amount of payback is also important. In some cases, especially when the total amount is very high, and the beneficiary’s eligibility is questionable but plausible, reducing the amount owed for money expended by the Department of Social Services for food stamp benefits may be possible. Some of the ways we do that are showing a period of eligibility. The food stamp investigator letter can be an indication of what we are dealing with.

If we can prove to the Department of Social Services that you were eligible in the first place, then it may be possible to avoid benefit payback, and it may be possible to keep your services and benefits. However, most investigated cases have a solid foundation and are difficult to challenge in a significant way.

Can I pay back in installments?

The investigation department’s priority is to collect as much as they can with as much of it upfront as possible. It is possible in some cases to enter into an installment agreement, with assistance from an experienced food stamp fraud lawyer.

How much does it cost to hire a food stamp fraud lawyer?

The fee for a food stamp fraud lawyer to represent you during a food stamp investigation by the DSS would depend on your situation.

Can I reapply for benefits later?

You can go to your local food stamp office and reapply if you have just become eligible, even if you were not eligible before.

If a person does not reside in the household, can the department investigation still say that they do?

Even if you claim that a person does not reside in the household, the Human Resource Administration Bureau of Fraud Investigation administration can still consider them to be a part of the household and target them as a part of the food stamp investigation process. We often see a person not listed as part of the household receiving a food stamp investigator letter as well. A children’s father is considered to be a part of the household often just by virtue of being the father, and often with the following additional factors:

spends time in the household
married to the mother of the children
list the household address on his tax returns
claim children as dependents
claims the mother of the children as a dependent
has his name on the deed, lease or the utility bills
provides material support for the family

We’re separated living together?

We live together, but I am of the opinion that we form separate households, we are two different families, why is the Department of Social Services saying that we are in one household?

The DSS views everyone living in the household as being the same household, even if the people themselves don’t consider themselves that way. The Department of Social Services would be especially concerned if the people in the house are related – let’s say, grandmother or uncle. It’s different if people are just roommates. In a situation where there is a family, especially where the father of the children is not listed on an application or recertification, a fraud investigation is a frequent occurrence.

Is there a way to beat a food stamp fraud investigation? Read about the 9 things we always do in a food stamp fraud investigation plus the 5 things you should never do in a food stamp fraud investigation.

What kind of evidence do they already have against me?

Here is the kind of evidence the investigator already has:

Records of everyone who resides in your household
Records of everyone’s income, from tax returns and employment records
Records of everyone’s assets, from bank statements and deeds
Copies of leases
DMV records
Records of everyone’s addresses and actual physical place or residence and employment
Records of usage of the benefits card, including date, time and location
Photos, videos and recordings

The Department of Social Services is investigating me for 1st offense food stamp fraud, will I go to jail?

Some people have gone to jail for food stamp fraud. But that does not mean that you will. What this does mean is that you should speak to a food stamp fraud lawyer immediately and discuss your legal strategy. Since food stamp fraud is a crime, Department of Social Services investigations can be escalated and referred to the District Attorney’s office by the Department of Social Services investigator. It is crucial to hire a Food stamp fraud lawyer who is familiar with criminal investigations, in order to increase your chances of a good defense.

I am a food stamp fraud lawyer. If you are being investigated for 1st offense food stamp fraud, I can speak to the investigator on your behalf and negotiate the best possible outcome for your case. I will be happy to provide you with a free consultation. You can call me at 212-233-1233 or send me an email at [email protected].