Accusations of fraud or criminal conduct

Accusations of Fraud or Criminal ConductIn recent years, federal prosecutors and government agencies facing mounting political pressure to curtail waste and fraud in USDA programs, including federally-reinsured crop insurance, have taken an aggressive stance in seeking out and prosecuting farmers for alleged program and crop insurance fraud. Farmers who are prosecuted for or confess to allegations of fraud face the prospect of criminal arrest, conviction and incarceration under federal law, as well as steep fines and penalties. Even pleading to “minor,” probation-only violations can lead to the voidance of insurance coverage, loss of program eligibility and the loss in thousands or even millions in crop insurance indemnity and program payments to which the farmer was otherwise entitled.But the complex nuances of federally-reinsured crop insurance and USDA programs are far removed from the drug trafficking and RICO cases commonly associated with federal criminal courts and with which federal prosecutors are far more familiar. Sometimes the government’s enthusiasm to make an example of farmers with significant claims outstrips its understanding of the facts of the case, the realities of modern agribusiness and the law and procedure of the crop insurance and USDA programs.Farmers who are facing investigation by the Office of Inspector General (OIG) of the USDA or the Compliance Division of the Risk Management Agency (RMA), Federal Crop Insurance Corporation (FCIC), should avail themselves to legal counsel early – not late – to ensure that missteps and unintended consequences are avoided. Wendell Hoskins has successfully represented farmers in false and overcharged allegations of crop insurance and USDA program fraud – often with the avoidance of any formal charges or conviction. “Having handled numerous state and federal criminal cases related to other matters, I am able to combine that experience with my knowledge and practice of crop insurance and USDA programs. We have had clients come to us with federal criminal indictments of fraud, only to see those criminal charges dismissed and the claims and benefits paid in full.”If you have received inquiry from a federal investigator inquiring about a pending or past crop insurance or USDA program payment, call us for a free and confidential consultation.

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