Posted on 02/28/2014 1:05:27 PM PST by abb
Food stamp fraud cases would be hard to make against those who overspent benefit limits during a computer crash last October, state Attorney General Buddy Caldwell said Friday.
“There’s no evidence available as to who cashed the checks, who presented the (food stamp) card,” Caldwell said. “Prosecutors are going to have a lot of trouble in taking the cases.”
Caldwell also said there were no victim complaints or arrests which complicates the situation.
In addition, if a criminal prosecution begins civil proceedings aimed at yanking Supplemental Nutrition Assistance Program (SNAP) benefits — food stamps — would come to a screeching halt, Caldwell said.
The state Department of Children and Family Services has started the administrative process used to disqualify those who have misused electronic benefits cards. So far, nine people who have admitted card misuse have been disqualified from receiving benefits for a year. The agency is pursuing what it calls the 500 most egregious cases involving $315,386 in card overspending on the day the computer crashed. The amounts range from $300 to $2,000.
“Administrative process — that is the best remedy for this,” said Caldwell.
Word spread after the SNAP electronic tracking system failed, prompting a shopping frenzy at Wal-Marts in Springfield and Mansfield in north Louisiana.
Neither state nor federal funds were lost, but Wal-Mart did lose money because there were insufficient funds on the card to make the purchases. The retailers are responsible for the cost of any non-sufficient funds transactions.
Caldwell’s comments came in a news conference which followed a meeting that included U.S. Sen. David Vitter, R-La., DCFS Secretary Suzy Sonnier and Louisiana District Attorneys Association Executive Director Pete Adams.
Vitter sought the meeting to press the case for action, including criminal prosecution, against those involved in the “outrageous and really worrisome” food stamp fraud. He has been pushing for action since news of the incident became public.
After the meeting, Vitter told reporters that he was pleased that DCFS is taking administrative action aimed at penalizing offenders although he said the agency has been too slow in pursuing penalties.
Vitter continued to push for criminal prosecutions — pointing to a state law dealing specifically with unauthorized use of SNAP benefits.
“There’s clear authority under state law,” Vitter said.
“They are going to go back again and look at that possibility,” Vitter said, of the district attorneys in whose jurisdictions problems occurred. “We need to fight that fraud and abuse” in a program that is there “for the truly needy.”
Retailers, such as Wal-Mart, that lost money have not stepped forward to file charges, but Vitter said “as in any criminal prosecution the victim (the retailer) does not get a veto....It’s a serious problem. Retailers, in general, are not going to be aggressive about food stamp fraud.”
Caldwell said his office does not have jurisdiction but he has offered his office’s assistance to local district attorneys.
He said Vitter may want to look at federal statutes governing the SNAP program for possible revision “because right now there’s no accountability.”
The state agency began reviewing transactions made by 12,000 clients after the Oct. 12 incident and determined that some were made by people who were no longer eligible for the program or who did not have sufficient funds in their balance to pay the retailer for the goods purchased.
Vitter Discusses Food Stamp Fraud with Caldwell, Sonnier
(Baton Rouge, La.) — U.S. Senator David Vitter today met with Attorney General Buddy Caldwell and Department of Children and Family Services Secretary Suzie Sonnier to discuss penalties for Supplemental Nutrition Assistance Program (SNAP) fraud that occurred during a system outage in October 2013.
“We had a positive, productive meeting today on the fraud and theft that occurred within the SNAP program, but like many citizens, I still believe there should be serious consequences for all those who participated,” Vitter said. “I’m going to keep pushing to make sure that those who deliberately stole from the program are disqualified.”
In October 2013, after news of massive fraud and abuse of Electronic Benefit Transfer cards in north Louisiana, Vitter sent recommendations to Attorney General Caldwell and Secretary Sonnier for aggressive action in response to fraud. Click here to read Vitter’s recommendation as well as his request for a meeting. Click here to read a follow up to Vitter’s initial request.
This week, only six of the 12,000 SNAP recipients who made transactions during the system outage lost their benefits. Click here to read Vitter’s response.
So the punishment is to not give them, for one year, something they didn’t earn in the first place.
That’ll teach ‘em.
If the victim doesn’t want to pursue the charges, where do you get off telling them “They don’t get a veto” in case that has repercussions far beyond the criminal system
Walmart could be victimized again, when the criminals start their PR campaign about how poor they are and how heartless I big bad, multibillion dollar company is being so unfair; with all the attendant crap which will ensue.
You are a self serving jack ass.
If I don’t feel like pressing a case for my own reason, I am not going to be compelled by you or anyone else to waste MY TIME...MY MONEY TIME
I’ve been ripped off plenty and had every chance to pursue criminal charges and didn’t and others I helped the case along.
My Prerogative ....not yours
You infantile ignoramus
I thought it was pretty common for the state to pursue charges whether the victim wants them too or not.
He’s a liar. Walmart keeps records of every transaction. They have them on tape.
Is Buddy Caldwell black??
Exactly.
Oh...he’s just a dumb, white Democrat.
He has to say that he’ll prosecute no matter what because he’d be admitting the evil Wal-Mart is calling the shots if he didn’t. As a practical matter, he will not if Wal-Mart doesn’t want to. They just have to say they refuse to cooperate unless forced, and that’s that.
He’s appeasing the Wal-Mart haters, that’s all.
The prosecuting entity is the State or the People, because a crime by definition is an offense against the order and laws of the state.
The victim is the 'complaining witness' but doesn't get to make the call. A significant number of victims are intimidated and retract their complaints and attempt to stop the process -- principally victims of child molestation or spousal abuse. In fact, the prior inconsistent statement of a victim is admissible in evidence to support the prosecution, whether the victim participates at all, or recants on the stand, or simply stands mute.
The victim here is in a conflicted situation, much like the child or wife who depends on the income and support provided by the malefactor husband or father. Not to mention the obloquy that will surely be visited on it by the Usual Suspects in the press and elsewhere.
In domestic abuse it makes sense or on issues involving organized crime it makes sense.
Not always though.
Walmart takes the hit on this no better what and is victimized over and over again with each prosecution and conviction.
Mark my words.
They will be seen and painted as the villains each time.
And while I’d like to see these as hats prosecuted the down side ain’t worth it.
Best to let it go.
I don’t have to win every battle.
I do have to win wars and I decide which ones make sense.
Is a store required to take food stamp benefits?
If not, I would refuse to take them.
Why have the same problem arise again?
And I would imagine that Walmart made a point of retaining all the security video from that day in a very safe place.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.