Defense against federal welfare fraud, SNAP fraud, Social Security fraud and government
benefits program fraud charges.
30+ Years Federal Defense
You’re being accused of fraudulently obtaining federal benefits and now it’s not just about paying the money back. What starts as an overpayment notice can quickly become a federal criminal investigation. The government treats benefits fraud seriously and they prosecute cases involving SNAP, Social Security disability, housing assistance and other federal programs. The amounts don’t have to be large for them to bring charges.
I defend people accused of benefits fraud at the federal level. Often these cases involve misunderstandings about eligibility rules or mistakes on applications that the government recharacterizes as intentional fraud. I know how to present your side and fight for a fair outcome.

Federal prosecutors rely on several key statutes to charge individuals with welfare and benefits fraud. The specific statute used depends on the nature of the program defrauded and the methods employed.
The Supplemental Nutrition Assistance Program (SNAP), formerly known as food stamps, is governed by 7 U.S.C. § 2024. This statute criminalizes the unauthorized use, transfer, acquisition, alteration or possession of SNAP benefits [1].
Knowingly used, transferred, acquired, altered or possessed SNAP benefits.
Did so in a manner contrary to the statute or its accompanying regulations.

In federal court, sentences are heavily influenced by the United States Sentencing Guidelines (USSG). While the guidelines are advisory following the Supreme Court's decision in *United States v. Booker*, judges must still calculate the guideline range and consider it when imposing a sentence.
Most government benefits fraud offenses are sentenced under USSG § 2B1.1. The calculation begins with a Base Offense Level, which is then adjusted based on Specific Offense Characteristics.
The base offense level is **6** if the statute of conviction has a maximum penalty of less than 20 years.
The base offense level is **7** if the statute of conviction has a maximum penalty of 20 years or more (e.g., certain SNAP fraud offenses under 7 U.S.C. § 2024) [4].
Loss > $6,500: +2 levels
Loss > $40,000: +6 levels

The Department of Justice has made the prosecution of government benefits fraud a top priority. According to the United States Sentencing Commission, government benefits fraud offenses increased by 242% between fiscal year 2020 and 2024 [4].

The District of Arizona, encompassing both the Phoenix and Tucson divisions, is a focal point for federal fraud investigations.

Federal investigations into benefits fraud are thorough, resource-intensive, and often lengthy. They are typically conducted by specialized agencies, including:
**What Triggers an Investigation?** Investigations can be triggered by various factors, including:

Benefits fraud cases typically fall into several common fact patterns:
**Who Gets Charged?** Defendants in these cases range from individuals acting alone out of financial desperation to sophisticated organized crime rings. According to the Sentencing Commission, 71.2% of individuals sentenced for government benefits fraud in FY 2024 had little or no prior criminal history [4].

Defending against federal benefits fraud charges requires a nuanced understanding of federal criminal law and the specific regulations governing the programs involved. Experienced federal defense attorneys employ several strategies:

The collateral consequences of a federal fraud conviction are severe and long-lasting.
Never speak to federal investigators without an attorney present. Even if you believe you have done nothing wrong, statements made during an interview can be misinterpreted or used against you. An experienced federal defense attorney can communicate with the agents on your behalf and determine the best course of action.
Yes. While many first-time offenders with low loss amounts receive probation, federal judges have the authority to impose prison sentences even for first offenses, particularly if the loss amount is significant or the fraud was sophisticated.
State charges typically involve smaller amounts and are prosecuted by local district attorneys. Federal charges involve larger schemes, cross state lines, or involve federal agencies directly. Federal penalties are generally much harsher, and federal prosecutors have vast resources at their disposal.
No. While paying restitution is required and can favorably impact your sentencing guidelines, it does not erase the criminal conduct. The government will still prosecute the fraud.
The government typically calculates the loss as the total amount of benefits paid out that the defendant was not entitled to receive. The defense can challenge this calculation if the government includes periods where the defendant was legitimately entitled to benefits.
Yes, if the government can prove they knew the money was obtained fraudulently and actively participated in the scheme or helped conceal it, they can be charged with conspiracy or receiving stolen government property.
Yes. A federal felony conviction for fraud will appear on background checks and will disqualify you from many types of employment, particularly in the financial, healthcare and government sectors.
Facing federal charges? Call now for a free, confidential consultation with an experienced federal defense attorney who has handled these cases for over 30 years.
Available 24/7 — Nights & Weekends
30+ Years Federal Defense Experience
U.S. Army Veteran (82nd Airborne)
Time is critical when facing federal charges. Every day without experienced counsel is a
day the government uses to build its case against you. Contact Myles A. Schneider today
for a free, confidential consultation.
Available 24/7 – Free consultation for all federal criminal matters
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