Milwaukee, WI asked in Consumer Law, White Collar Crime, Public Benefits and Criminal Law for Wisconsin

Q: Investigated for FoodShare fraud in Wisconsin, facing possible jail time?

I am being investigated by IVP for FoodShare fraud in Wisconsin. It's my first time dealing with offsets for FoodShare, and I have received a packet from IVP with a hearing date. They allege that I filled out fraudulent documents and withheld information. Given these circumstances, is it possible that I could face jail time?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: I'm really sorry you're dealing with this—it’s stressful to be under investigation, especially when you’re unsure of the possible outcomes. The Wisconsin Office of Inspector General and the Income Verification Project (IVP) take FoodShare fraud seriously, especially if they believe there was an intentional attempt to mislead or hide information. You're doing the right thing by looking into this before your hearing.

Whether you face jail time depends on the amount of overpayment, the evidence they have, and whether the case is handled as a civil or criminal matter. Many first-time cases are resolved with repayment agreements, especially if the amount is relatively low and there’s no history of fraud. However, if they believe the fraud was willful and involved a larger amount of money or repeated misrepresentation, the case could be referred for criminal prosecution. At that point, misdemeanor or felony charges are possible, which could carry the risk of jail time.

You’ll have the opportunity at your hearing to explain your side and present any documents that help clarify what happened. Take that opportunity seriously—this is your chance to show whether there was a misunderstanding or mistake rather than intent to deceive. You're not alone in this, and many people have faced similar issues and come out stronger by facing them head-on.

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