SNAP Fraud Attorney in New York City
SNAP fraud — sometimes called food stamp fraud or welfare fraud — is prosecuted in New York both civilly and criminally. The civil case is run by HRA and ends in an overpayment, an Intentional Program Violation, and collection. The criminal case is referred to the District Attorney's office and prosecuted under Penal Law Article 158. The grade of the criminal case depends on how much the District Attorney says was taken.
How SNAP Fraud Is Graded Under New York Law
Penal Law Article 158 (Welfare Fraud) tracks the dollar value of benefits alleged to have been wrongfully obtained:
- PL § 158.05 — Welfare fraud in the fifth degree. Class A misdemeanor. Any amount.
- PL § 158.10 — Fourth degree. Class E felony. Over $1,000.
- PL § 158.15 — Third degree. Class D felony. Over $3,000.
- PL § 158.20 — Second degree. Class C felony. Over $50,000.
- PL § 158.25 — First degree. Class B felony. Over $1,000,000.
Prosecutors often add charges of offering a false instrument for filing (PL §§ 175.30, 175.35) and grand larceny (PL §§ 155.30, 155.35) to the same indictment. For non-citizens, welfare fraud is generally a crime involving moral turpitude with immigration consequences.
How We Build the Defense
Attack the Amount
The grade of the case is the amount. Attacking the agency's calculation can move a Class D felony to a misdemeanor in a single motion. We push back on the inclusion of months that fall outside the statute of limitations, on whether the household was actually overissued for each month, and on whether the agency's own errors caused part of the overpayment.
Attack the Intent
Welfare fraud requires intent to defraud. Honest mistake, misunderstanding of the recertification questions, language barriers, and reliance on caseworker statements are all defenses. The overpayment may be real and still not be fraud.
Attack the Statements
If the agency relied on statements made in an investigative interview, we challenge how the interview was conducted — whether the client was advised of the right to counsel, whether the statements were knowing and voluntary, and whether Miranda issues attach when the case is later referred to law enforcement.
Pre-Indictment Resolution
Many alleged SNAP fraud cases never become indictments. A repayment agreement, a civil overpayment, and a Disqualification Consent Agreement can resolve the matter without a criminal record. Where the case is already with a District Attorney, an ACD under CPL § 170.55 or a plea to a non-criminal violation may be available.
Beyond the Criminal Case
A SNAP fraud conviction creates collateral consequences that often outlast the sentence:
- Permanent ineligibility for SNAP in some circumstances
- Loss of Section 8 and other federal housing benefits
- Restrictions on Medicaid and other public benefits
- Immigration consequences, including potential removal for non-citizens
- Professional licensing impact, especially for healthcare workers
If you have been charged with SNAP fraud, or believe a case may be referred to the District Attorney, call us at 212-233-1233 or email [email protected].
About the Author
Albert Goodwin Esq. is a licensed New York criminal defense attorney with over 18 years of courtroom experience in New York City. He can be reached at 212-233-1233 or [email protected].
