Using a Deceased Person's EBT Card

My question involves criminal law for the state of: New York

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I was responsible for shopping for my disabled mother using her EBT food stamps card. She recently passed away. The day after she passed, I was under extreme duress (funeral planning, etc) and found my self in the supermarket. I mistakenly made my purchase with her EBT in the amount of $110. The following day I realized what I had done and went back to the store and returned all but $30 of the merchandise. At this point I am very affraid that I am going to be arrested for this. Should I come forward and offer to pay back the $30 or should I wait for them to catch it and come to me?

Why did you not return it all? You are playing with fire. There is no good answer you will receive from someone online. If you are not going to wait it out, I suggest you consult a lawyer.

The remaining merchandise had already been consumed. How long would it typically take for dss to catch this and what would happen next? Would I receive a letter in the mail or would I be arrested?

Was this just recently as in this month? It is not the purpose of the forum to advise someone to break the law, however, I would have handled this by repurchasing the consumed items and then returning them all. It would be much preferable to what appears to be a felony. I am not advising you to do this, so we are clear.

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Quoting Watchoris

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The remaining merchandise had already been consumed. How long would it typically take for dss to catch this and what would happen next? Would I receive a letter in the mail or would I be arrested?

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I think that its unlikely that anything will happen as a result of that. I wouldn't take the risk of doing anything like that again, but I think that its unlikely to be a problem.

Yes recent, Is it too late to use your plan? Is $30 enough for them to bother with me? Should I talk to dss or wait?

I do not see a legal way out of your situation. As I noted, it is not the purpose of the forum to advise someone to break any law.

Should I turn myself in or should I wait for them to contact me?

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Quoting Watchoris

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Should I turn myself in or should I wait for them to contact me?

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Just wait. However do notify them that she has passed away, so they don't continue to put money on the card.

Will they come and take me away or will they notify me by mail or phone?

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I have no criminal record and have never been involved with anything illegal before. I am professionally employed with a beautiful family. I just made a mistake and I don't want this to ruin my life.

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She was up for reapplication which we did not respond to.....so no money is being put on it. There is a balance of several hundred dollars which I am obviously not going to touch....