USDA's FNS and ACF at the Department of Health and Human Services are aware of increasing reports of benefit theft by criminal actors through EBT card skimming schemes. After discussions with EBT processors and fraud prevention stakeholders, FNS and ACF have identified prevention measures that can be adopted to improve card security while we work towards longer-term strategies.
In February, 2013, FNS published final regulations revising the definition of trafficking. It subsequently came to our attention that some states were not clear that upon its effective date, federal law takes precedence and states were expected to implement the new federal trafficking definition.
USDA Efforts to Reduce Waste, Fraud and Abuse in the Supplemental Nutrition Assistance Program (SNAP)
This memorandum is to reiterate and clarify current policy governing intentional program violations as set forth in the Food Stamp Program regulations.
After a further review of this matter, and upon advice of our legal counsel, we have reconsidered our position on the use of the Request for Contact (RFC) to facilitate household cooperation with fraud investigations. We have decided that the RFC may only be issued by state eligibility workers and only when the state agency learns of a change in the household’s circumstances that calls into question the household’s continued eligibility for the program or its current level of benefits.