Public Assistance Fraud Defense in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012, in state court and in federal court in the Southern District of Florida. Our office answers 24 hours a day.

Florida Welfare Fraud: What the State Must Prove

Failure to disclose a material fact (Instr. 20.3, § 414.39(1)(a)) (Elements): you knowingly failed to disclose a material fact by false statement, misrepresentation, impersonation, or other fraudulent means, and the fact was used, or was to be used, to decide whether you qualified for public assistance.

Change in circumstances (Instr. 20.5, § 414.39(1)(b)) (Elements): you knowingly failed to disclose a change in circumstances to get or keep assistance you were not entitled to, or more than you were entitled to.

Aiding or abetting (Instr. 20.4, § 414.39(1)(c)) (Elements): you knowingly helped another person fail to disclose a change in circumstances or a material fact.

Cards and authorizations (Instr. 20.6, § 414.39(2)(a)) (Elements): you knowingly used, transferred, acquired, trafficked, altered, forged, or possessed (or attempted to, or helped someone else to) a food assistance identification card, an authorization for food assistance benefits, a certificate of eligibility for medical services, or a Medicaid identification card, in a way not authorized by law. "Traffic" includes buying or selling benefits for cash, and exchanging guns, ammunition, explosives, or drugs for benefits.

Selling EBT cards (Instr. 20.6(a), § 414.39(2)(c)) (Elements): you possessed two or more EBT cards issued to other people and sold, or tried to sell, one or more of them.

Florida Penalties

For 20.3 through 20.6, the jury decides the value wrongfully received, retained, misappropriated, sought, or used in any 12 consecutive months:

• Under $200: first-degree misdemeanor (up to 1 year, $1,000 fine).
• $200 to under $20,000: third-degree felony (up to 5 years, $5,000).
• $20,000 to under $100,000: second-degree felony (up to 15 years, $10,000).
• $100,000 or more: first-degree felony (up to 30 years, $10,000).

Selling EBT cards: a first-degree misdemeanor; a second or later violation is a third-degree felony. The court must also order at least 20 hours of community service.

Paying the money back is not a defense under the statute. These are maximums, not what every case gets.

Federal SNAP Fraud (7 U.S.C. § 2024(b); Pattern Instr. O95)

What the Government must prove (Elements):

1. The defendant transferred, acquired, altered, or possessed benefits in a manner not authorized by law or Department of Agriculture regulations.
2. The defendant knew the conduct was unlawful and intended to violate the law.
3. The benefits were worth at least $100 (or $5,000, when that higher amount is charged).

The statute also covers knowingly using benefits that way. The instruction says no law allows selling or buying benefits for cash, and the Government need not prove you knew the specific law, only that you knew your conduct was unlawful.

Federal penalties: $5,000 or more: felony, up to 20 years and a $250,000 fine. $100 to under $5,000: felony, up to 5 years and $10,000 for a first conviction; for a second or later conviction, at least 6 months and up to 5 years. Under $100: misdemeanor, up to 1 year and $1,000. The court may add up to 18 months of SNAP suspension, and must order forfeiture of property used in a felony violation and of traceable proceeds.

Defense Themes

• Knowledge and intent. A mistake on a form, or confusion about what had to be reported, is not fraud.
• Value. The dollar tier is the case. We rebuild the numbers month by month.
• Records. Under Florida law, a paid state warrant or a PIN transaction history is prima facie evidence of receipt. It can be explained or challenged.
• Who used the card. Cards get lost, shared, and stolen.

What to Do First

1. Do not answer an investigator's questions or sign a statement before talking to a lawyer.
2. Gather your records: applications, notices, pay stubs, and household documents.
3. Call us.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

If I pay it back, does the case go away?

Florida law says repayment is not a defense or a ground for dismissal. It can still matter in how the case is resolved.

Is selling my EBT card a crime?

Selling benefits for cash is trafficking under § 414.39(2). Possessing two or more EBT cards issued to other people and selling, or trying to sell, one of them is a separate offense.

Can a store owner be charged?

Yes. Buying benefits for cash is covered by both Florida and federal law. For providers billing public programs, see Public Assistance Provider Fraud.