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15thkid, Criminal Defense
Category: Criminal Law
Satisfied Customers: 82
Experience:  Licensed Florida Attorney since 1988. Former law professor.
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I just received a letter from FL DEPT FINANCIAL SRVCS PUBLIC

Customer Question

I just received a letter from FL DEPT FINANCIAL SRVCS PUBLIC ASST FRAUD claiming they had just completed a fraud investigation on my case (I had NO knowledge there was any issue) & they are claiming that I missed used my EBT card at a local store that was apparently recently disqualified from being an authorized Foodstamp Retailer by USDA from January 2010 - September 2010 & owe $1,143.99. I can only recall 1 time I have been at this store but do not recall using my EBT card at that time. I do recall during this time frame they are claiming my youngest son was hospitalized, my two son's father stepped in to assist with taking care of my other two kids during the time my youngest son was hospitalized & I did unfortunately allow him to use my EBT card to ensure my other two kids had food. Now, I can not say without certainty that he did not go to that local store in question & use my EBT card but I do know that they DO NOT have me on camera using the card at that store. They sent me an offer for an Administrative Disqualification Hearing Waiver instead of taking my case to an Intentional Program Violation. What would you suggest my options be?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  15thkid replied 5 years ago.

15thkid :

I would need to know more about the differences between the two sentences. As far as the fraud case goes, there only needs to be one single instance of you using EBT at store. I would seriously consider the deal.

15thkid :

Just allowing someone else to use your card is fraud.

15thkid :

So the State will argue.

JACUSTOMER-o6b4wjce- : Oh k that last statement got me. The Waiver of Administrative Disqualification Hearing with a Program Loss states by signing the agreement will waive your right to an Administrative Disqualification Hearing & result in an automatic 12 month EBT program disqualification. Reduction of benefits to the other members of your household group will occur at the rate of 20% for EBT until $1143.99 in EBT stamps have been repaid. I only receive $159 per month in foodstamps now because my 2 sons receive SSI. Then gives me 3 box choices to choose.... (1) I admit the facts & sign the waiver accepting the penalty (2) I do not admit the facts are correct but chose to sign waiver & accept the penalty (3) exercise my right to have an administrative hearing
15thkid :

you can make a counteroffer

15thkid :

6 months instead of 12. best if you could pay it all off and close case out immediately