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I am being investigated for food stamp fraud. My boyfriend…

I am being investigated...

I am being investigated for food stamp fraud. My boyfriend and I have two kids together and he has not Ben living in the home. They believe he has Andi am curious how serious this will become.

Lawyer's Assistant: Have fraud charges been filed? If so, when is the next court date?

It’s being investigated in oregon

Lawyer's Assistant: Have you talked to an Oregon lawyer about this yet?

No charges yet. I explained he works in the studio in he back and the investigator told me that that includes Living here. He does own my home- I had no idea this was not okay

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don’t think so

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Answered in 3 minutes by:
3/22/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,426
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. How were you notified about the investigation? What did the investigator ask you to do?

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Customer reply replied 4 months ago
I gave her bank statements and tax information along with some paystubs

Thanks. And how was it left?

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Customer reply replied 4 months ago
She’s investigating...I concerned about criminal charges,

The thing to keep in mind is that benefits fraud is an intent crime. They need to believe that you deliberately intended to cheat the government in order for them to charge you. If you can convince them that anything that you may have done was unintentional, a mistake or a misunderstanding of what was required of you and offer to repay any overpayment your mistake caused, in many instances you can avoid prosecution.

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Customer reply replied 4 months ago
Will they ask for any more information?

It's possible. Since I don't know exactly what they have and what they're looking for, I can't tell you for sure. But yes, they can ask you for more.

If you don't give them what they want, they are going to make their decision based on what they already have and believe. If you do work with them and can characterize anything they may object to as a mistake or as a result of something that you simply didn't understand, they can just agree to let you pay back any overpayment.

If they do decide to turn over the file to the prosecutor for evaluation and charges are pressed, most commonly a person in your situation would be offered a plea with a promise of protation and a requirement you pay back the money you were not entitled to.

Jail is a possibility, but the state wants its money back and can get more of that if you're at liberty and able to work.

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Customer reply replied 4 months ago
Thank you for your help, I’ve sent in all the information they have asked for. Are those the laws in Oregon?

Food stamp fraud is not state specific. That is, it's investigated similarly all over the country.

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Customer reply replied 4 months ago
Should I believe the investigator if she says they aren’t going to press charges and talk with employer?

Have they said that? I can't guarantee that the investigator is being honest. But yes, if they tell you that, I'd tend to believe it.

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Customer reply replied 4 months ago
I asked what would should I expect, she said ...they will take his income an adjust earnings. ...Which is a bummer because he didn’t live here-but working in the back studio counts to them. And he is self employed. So they take total? Not what he actually made? Sorry to ask so many questions, I feel like such a dummy

I don’t know how they calculate earnings. My experience is with the criminal aspect of food stamps fraud. But it does sound like they think you made an honest mistake and that they are just going to readjust your benefits rather than prosecute.

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Customer reply replied 4 months ago
Can they speak with past employers? I’m afraid of embarrassment for having food stamps

They can do whatever they need to do to investigate the possibility of fraud. If they feel you may have been lying about your employment, they can verify that with your employers. I have no idea whether they need to do so or not.

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 5 stars on the rating scale, as a rating of okay or better is the only way that JustAnswer will give us Experts credit for our work. You would still be able to post further follow-ups on this question thread about this for no additional cost, even after I've been rated.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,426
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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