Prosecution for SNAP Overpayment
My question involves criminal law in the state
of: illinois
Can you be prosecuted for a SNAP overpayment that is labeled Inadvertant Household Error?
Had previous Intentional Violation handled by Admin Penalties... DHS manual says that any overpayment found AFTER the date of the first IPV must be labeled Inadvertant... does this mean they cant prosecute if its labeled inadvertant? Thanks
Re: Snap Overpayment Prosecution
They can prosecute any act of fraud or misrepresentation. I suggest you repay fast.
Re: Prosecution for SNAP Overpayment
If you have a history of deliberate fraud, it's going to be more difficult to convince DHS that your latest error was made in good faith. I suggest consulting your criminal defense lawyer.
If you want us to comment on the facts, you'll need to share some. If you want us to look at the provision of the DHS manual you're referencing, share a citation and, if possible, a link. It is extremely difficult to believe that such a presumption exists.
Re: Prosecution for SNAP Overpayment
it means if you get busted and sign an IPV they cannot add amounts discovered after the IPV was signed to the balance of the intentional violation amount.
They would have to pursue new action against you in order to treat the newly discovered overpayment as intentional.
This is important because:
1) IPV's have different penalties based on the dollar amount
2) different types of overpayment (intentional HH error, unintentional HH error, Agency error) have different collections procedures associated with them.