Forensics Journal - Stevenson University 2014 | Page 18

FORENSICS JOURNAL

tion in a federal court for misusing as little as $100 in benefits. With
these consequences in place, people may be less likely to commit
fraud. Another benefit of this policy is it gives the option of restitution. The Federal Government loses millions of dollars every year to
fraud and restitution is one way to get recoup some of its losses. The
problem is the courts’ lack of ability to handle all of the fraud cases
(Ballou). If every instance of SNAP fraud resulting in $100 or more
was taken to court, the courts would be overwhelmed with cases. The
state investigators have to select which cases they refer to the Federal
Government for prosecution, thus resulting in fewer criminal prosecutions (Ballou). The cases most likely to be referred are those that
involve larger amounts of money (Ballou).

substances, as defined in section 802 of title 21, United
States Code, for coupons (“Definitions”).
The definition is vague and does not account for individuals attempting to sell benefits or those who offer to buy benefits (Supplemental
Nutrition Assistance Program: Trafficking Controls and Fraud Investigations). It is difficult to prosecute these individuals because the
definition does not specifically include these behaviors (Supplemental
Nutrition Assistance Program: Trafficking Controls and Fraud Investigations). FNS is studying a revised expanded definition of trafficking
to include the phrase “intent to sell” (Concannon).
ANALYSIS AND PROPOSED SOLUTIONS

There are consequences in addition to the felony convictions for
individuals caught defrauding the program. SNAP violators can sign
a disqualification consent agreement in instances where they are not
referred to criminal proceedings (Ballou). By signing the agreement,
the violator admits to participating in fraudulent behavior in the
program (Ballou). The state will then disqualify the violator from the
program and use methods such as wage garnishment to recoup the
stolen money (Ba