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  1. #1
    Join Date
    Aug 2013
    Posts
    3

    Default 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

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Snap Overpayment Prosecution

    They can prosecute any act of fraud or misrepresentation. I suggest you repay fast.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

  4. #4
    Join Date
    Sep 2012
    Posts
    1,991

    Default 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.

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