Food Stamp Fraud Prosecution in Illinois
The Food Stamp Program is a federal initiative that provides assistance for low-income families. Individuals who abuse the program by engaging in fraud are subject to a variety of penalties, including prison time. Illinois law requires that this type of fraud “be identified and dealt with swiftly and appropriately."
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Fraud Prevention
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Historically, fraud has plagued the Food Stamp Program. The coupons issued to families to buy food could easily be given away or traded for other non-qualifying purchases. To prevent fraud, the government switched from coupons to the electronic benefits transfer system (EBT). Card holders must use a personal identification number.
Fraudulent Use
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Individuals employ two primary methods to defraud the program. The first is providing false information on the food stamp application. The second is using the benefits for purposes other than purchasing food, referred to as trafficking. Under Illinois law, any person found guilty of the unauthorized use of food stamp benefits is subject to prosecution and removal from the program.
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Prosecution
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Food Stamp fraud is prosecuted as a Class A misdemeanor if the value of the fraud is less than $150; as a Class 4 felony if the value is $150 but less than $1,000; as a Class 3 felony if the value is more than $1,000 but less than $5,000; as a Class 2 felony if the fraud totals more than $5,000 but less than $10,000; and a Class 1 felony if the value of the fraud is more than $10,000. If the same person commits a second act of fraud, the penalties increase. For example, the crime for committing food stamp fraud valued at more than $150 but less than $1,000 for a second time is prosecuted as a Class 3 felony. Depending on the crime, the guilty party may be sentenced to 1 to 15 years in prison.
Civil Remedies
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Persons, businesses or corporations who submit false information to obtain benefits or who fail to report a change in status may be subject to civil penalties. These penalties include repayment of all benefits received plus an amount equal to the benefits. The government may file a lien against the guilty party’s personal property until the amount of the fraud is repaid. Persons or corporations that knowingly violate the Food Stamp laws may be removed from the program for a period of two years or until the amount of the fraud is repaid in full. In addition, the guilty party may be assessed fines that include an amount equal to three times the amount of the fraud and $2,000 for each fraudulent claim.
Vendor Fraud
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Vendors who participate in food stamp fraud are subject to stiff penalties in addition to criminal prosecution. These penalties include the forfeiture of the business and business property.
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References
Resources
- Photo Credit food image by sanyal from Fotolia.com
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Comments
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carla smith-curlee birth date 05/08/1962.
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carla smith / carla curlee is collecting food stamps from Il. and Ar.
