Federal Welfare & Benefits Fraud Defense

Defense against federal welfare fraud, SNAP fraud, Social Security fraud and government
benefits program fraud charges.

Myles A. Schneider

30+ Years Federal Defense

Facing Federal Welfare & Benefits Fraud Charges? We Can Help.

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 Statute Details

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].

Elements of the Offense: To secure a conviction under 7 U.S.C. § 2024(b), the government must prove beyond a reasonable doubt that the defendant:

Knowingly used, transferred, acquired, altered or possessed SNAP benefits.

Did so in a manner contrary to the statute or its accompanying regulations.

Penalties: The penalties are tiered based on the value of the benefits involved:
Value of $5,000 or more: Felony, punishable by up to 20 years in prison and a fine of up to $250,000 [1].
Value of $100 to $4,999: Felony, punishable by up to 5 years in prison and a fine of up to $10,000 for a first offense [1].

Sentencing Guidelines

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.

Base Offense Level:

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].

Specific Offense Characteristics (Enhancements): The most significant driver of the sentence in a fraud case is the **loss amount**. Under § 2B1.1(b)(1), the offense level increases as the financial loss to the government increases. For example:

Loss > $6,500: +2 levels

Loss > $40,000: +6 levels

Subsection (b) — Larceny (over $100): Up to 10 years in federal prison

DOJ Enforcement Trends

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].

Recent Initiatives and Task Forces:
Pandemic Fraud Recovery: The DOJ continues to aggressively pursue individuals who defrauded pandemic-era relief programs, such as the Paycheck Protection Program (PPP) and expanded unemployment benefits. These investigations often uncover other forms of benefits fraud, including SNAP and Social Security fraud.
National Fraud Enforcement Division (NFED): The DOJ recently announced the creation of the NFED, which includes specialized strike forces targeting health care and benefits fraud [5].
West Coast Strike Force: A newly launched strike force specifically targets health care and related fraud schemes across Arizona, California and Nevada [5]. This indicates a concentrated effort to root out fraud in the region.
Statistics on Prosecutions: In fiscal year 2024, 937 cases reported to the Sentencing Commission involved government benefits fraud [4]. The median loss in these cases was $137,600, and 68.6% of individuals sentenced received prison time, with an average sentence of 16 months [4].

Arizona/District of Arizona Specifics

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

Local U.S. Attorney Priorities: The U.S. Attorney’s Office for the District of Arizona has publicly emphasized its commitment to prosecuting white-collar crime, particularly fraud that exploits vulnerable populations or drains public resources. The inclusion of Arizona in the DOJ’s new West Coast Strike Force underscores the region’s status as a high-priority area for federal prosecutors [5].
Unique Aspects of Prosecution: Arizona’s proximity to the border and its large population of retirees make it a unique environment for benefits fraud. Prosecutors frequently encounter cases involving:
Cross-Border Fraud: Individuals claiming benefits while residing outside the United States.
Identity Theft: The use of stolen identities, often belonging to deceased individuals or undocumented immigrants, to claim Social Security or SNAP benefits.
Organized Skimming Rings: Arizona has seen a rise in organized groups using skimming devices to steal EBT card information and drain SNAP accounts [6].
Notable Arizona Cases: Recent cases in Arizona have highlighted the scale of these operations. For example, the Arizona Attorney General’s Office recently had to secure a court order to protect SNAP recipients’ sensitive personal information following widespread skimming attacks [6]. Federal prosecutors are actively targeting the organized rings behind these attacks.

Investigation Process

Federal investigations into benefits fraud are thorough, resource-intensive, and often lengthy. They are typically conducted by specialized agencies, including:

Office of the Inspector General (OIG): The OIGs for the Department of Agriculture (USDA) and the Social Security Administration (SSA) are the primary investigative bodies for SNAP and Social Security fraud, respectively.
Federal Bureau of Investigation (FBI): The FBI often leads or co-leads major fraud investigations, particularly those involving organized crime or complex financial schemes.
Internal Revenue Service – Criminal Investigation (IRS-CI): IRS-CI is involved when the fraud includes tax evasion or money laundering.

**What Triggers an Investigation?** Investigations can be triggered by various factors, including:

Data Analytics: Agencies use sophisticated algorithms to detect anomalous patterns in benefits claims, such as multiple claims from the same address or sudden spikes in EBT transactions at specific retailers.
Whistleblowers: Tips from insiders, such as employees of a fraudulent clinic or associates of the perpetrators.
Public Complaints: Reports from individuals who discover their identities have been used to claim benefits.

Common Fact Patterns

Benefits fraud cases typically fall into several common fact patterns:

The “Ghost” Beneficiary: An individual continues to collect Social Security or pension benefits on behalf of a deceased relative, failing to report the death to the government.
Income Concealment: A person applying for means-tested benefits (like SNAP or SSI) intentionally hides income or assets to qualify for benefits they would otherwise be denied.
Identity Theft and Synthetic Identities: Criminals use stolen Social Security numbers or create synthetic identities (combining real and fake information) to open accounts and claim benefits.
EBT Skimming and Trafficking: Organized groups install skimming devices on point-of-sale terminals to steal EBT card data. They then clone the cards and use them to purchase goods or sell the benefits for cash (trafficking).
Retailer Fraud: Store owners allow customers to exchange SNAP benefits for cash or ineligible items (like alcohol or tobacco) at a discounted rate, pocketing the difference.

**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].

Defense Strategies

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:

Lack of Intent (Good Faith Defense): Fraud requires specific intent to deceive. A strong defense often involves demonstrating that the defendant made an honest mistake, misunderstood complex reporting requirements, or relied on incorrect advice from a professional or agency representative.
Challenging the Loss Amount: Because the loss amount dictates the sentencing guidelines, vigorously contesting the government’s calculation is crucial. The defense may argue that the government included legitimate payments in its calculation or failed to account for services actually rendered.
Statute of Limitations: Federal fraud charges generally have a five-year statute of limitations. The defense can move to dismiss charges based on conduct that occurred outside this window.
Suppression of Evidence: If investigators violated the defendant’s Fourth Amendment rights by conducting an illegal search or seizure, the defense can file a motion to suppress the evidence obtained.
Negotiating a Favorable Plea: In cases where the evidence is overwhelming, the best strategy may be to negotiate a plea agreement that minimizes the loss amount, avoids mandatory minimums (like Aggravated Identity Theft), and secures a downward departure or variance at sentencing.

Consequences Beyond Prison

The collateral consequences of a federal fraud conviction are severe and long-lasting.

Asset Forfeiture and Restitution: Defendants are typically required to pay full restitution to the government. Additionally, the government can seize assets (homes, cars, bank accounts) traceable to the fraud [1].
Loss of Professional Licenses: A felony fraud conviction will almost certainly result in the revocation of professional licenses (e.g., medical, legal, accounting, real estate).
Immigration Consequences: Fraud offenses are often classified as “crimes involving moral turpitude” or “aggravated felonies,” which can lead to the deportation of non-citizens, including lawful permanent residents.
Disqualification from Future Benefits: Individuals convicted of SNAP fraud can be temporarily or permanently disqualified from receiving future benefits [1].
Supervised Release: Following a prison term, defendants face years of supervised release, during which their finances, employment and travel are strictly monitored.

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.

Free Consultation

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

Myles A. Schneider

30+ Years Federal Defense Experience

U.S. Army Veteran (82nd Airborne)

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Time is critical when facing federal charges. Every day without experienced counsel is a
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