SNAP and Food Stamp Fraud Defense in New York

If you have received a letter from HRA, the Department of Social Services, the Office of the Inspector General, or the Bureau of Fraud Investigation asking you to come in for an interview, you are under investigation for SNAP or welfare fraud. The interview is not a formality. Anything you say will be used in the administrative case for an overpayment, in an Intentional Program Violation hearing, and potentially in a criminal prosecution under Penal Law Article 158 (Welfare Fraud).

Three Tracks — One Investigation

1. Administrative Overpayment

The agency calculates an alleged overpayment and demands repayment. The overpayment can be inadvertent, agency-error, or client-caused. Only the third triggers fraud exposure.

2. Intentional Program Violation (IPV)

Federal regulations require the state to offer an Intentional Program Violation hearing before disqualifying you from SNAP. A finding of IPV disqualifies you from SNAP for one year on the first offense, two years on the second, and permanently on the third — and creates collateral consequences for housing and other benefits. We litigate IPV hearings aggressively because the standard is preponderance, the rules of evidence are relaxed, and the agency's case is often thinner than it looks.

3. Criminal Prosecution

Welfare fraud is graded by amount under Penal Law §§ 158.05 through 158.25, from Class A misdemeanor up to Class B felony. The investigation builds the record that the District Attorney later uses to indict.

What to Do Before the Interview

• Do not go alone.
• Do not bring documents the agency has not specifically requested.
• Do not lie or speculate.
• Do call a lawyer before the interview is scheduled, not after.

If you have received an HRA investigation letter, an intentional program violation notice, or a criminal complaint for welfare fraud, call us at 212-233-1233 or email email@goodwindefense.com.