Incomplete SNAP report finds possible internal falsifications

The results of a state investigation into allegations of falsified food aid applications at the Human Services Department leave several questions unanswered. But they do acknowledge cases that should have qualified for emergency food aide “showed the potential falsification of assets” that caused benefits to be denied or delayed to people who should have received it. As both HSD officials […]

Incomplete SNAP report finds possible internal falsifications

The results of a state investigation into allegations of falsified food aid applications at the Human Services Department leave several questions unanswered.

But they do acknowledge cases that should have qualified for emergency food aide “showed the potential falsification of assets” that caused benefits to be denied or delayed to people who should have received it.

As both HSD officials and attorneys for the Center on Law and Poverty said this week in federal court, HSD’s investigation into the issue that has rocked the agency since April isn’t finished.

HSD Inspector General Adrian Gallegos’ written report reflects this.

“Until the investigation is complete and all facts are known, a determination of whether the allegations have been substantiated or not cannot be drawn,” he writes.

Related: Read the unfinished HSD report

At issue are allegations of a department-wide practice to add fake resources to emergency applications for the Supplemental Nutrition Assistance Program (SNAP), formerly known as food stamps. Only extreme low income people qualify for emergency SNAP aid, and federal law says they must receive these benefits within seven days of applying.

But according to testimony from several employees, HSD engaged in the practice of adding fake assets on emergency applications that hadn’t been processed within the seven-day requirement. The impetus, they said, was to avoid penalties and sanctions from the federal government.

The names of all those interviewed are identified by gender and first- and last-name initials.

‘Code red’

Released belatedly Friday night to attorneys at the Center and media and lacking complete documents, HSD’s investigation interviewed 17 employees and analyzed three months of online applications for the Supplemental Nutrition Assistance Program.

Seven employees told HSD investigators the bombshell allegations were true. One of them, a case processor in Albuquerque referred to as “JK” in the report, said the practice is known as “Code Red.” She told investigators that the phrase is a reference to the film A Few Good Men, in which it means unlawful violent punishment.

“Management staff know what a Code Red signifies and how to take care of it,” notes from her interview read.

But seven others told investigators that they weren’t directed to add fake assets and had never practiced it.

Another employee, a line manager in Albuquerque identified as “JS,” told investigators she wasn’t comfortable answering questions about whether she was ever directed to add fake assets, whether employees at her office know about it, or whether the practice is wrong.

Yet another employee said she had never been instructed to add false assets to SNAP cases but told investigators she had heard of the policy.

‘Potential false statements’

HSD investigators also took what they called an “in-depth” look at nine cases. All but one of these cases, according to the report, featured falsely added resources.

One, for example, concerned someone who reported $150 in income and less than $100 in assets on top of that. Case processors changed the person’s resources to $1,000 in income and $200 in assets without supporting documentation, according to the report.

Investigators also took a broader look at three months worth of cases filed. In all, investigators found 284 changes in those three months, out of 13,009 applications. Out of these, 285 had what investigators called “potential false statements.” Still, these only reflected online applications and not the many more handed in physically.

For January of this year, they flagged 57 of 6,314 SNAP applications filed online “where changes were made that were not initially reported.” Forty-five of those have “potential false statements.”

For February of 2016, investigators flagged 111 cases out of 3,284 where changes had been made. Seventy-five of those had false statements, according to the report.

In April of this year, 117 of 3,409 were flagged for changes, with 86 marked with “potential false statements.”

All of these months featured cases where fake assets were added to applications that wouldn’t have qualified for emergency SNAP aid anyway, according to investigators.

HSD Secretary Brent Earnest ordered the investigation shortly after five employees made the SNAP fraud allegations in federal court in late April. Four more employees made similar allegations under oath in May.

Managers called to the stand invoked their Fifth Amendment right that protects them from potential self-incrimination.

None of these managers were interviewed for the report, Gallegos said in federal court earlier this week, nor were additional managers that had since been implicated in the practice.

This came despite a judge’s order to submit the full investigation to federal court by the end of June.

We're ad free

That means that we rely on support from readers like you. Help us keep reporting on the most important New Mexico Stories by donating today.

Related

Emily’s List endorses seven candidates for Legislature

Emily’s List endorses seven candidates for Legislature

Emily’s List, a nonprofit that supports women candidates and reproductive rights, endorsed seven incumbents facing general election opponents in New Mexico legislative elections. All…
Equality New Mexico endorses 15 legislative candidates

Equality New Mexico endorses 15 legislative candidates

A New Mexico-based LGBTQ rights organization endorsed 15 candidates for state House and Senate seats for the 2024 elections.  Marshall Martinez, executive director of…
Lujan Grisham pocket vetoes two bills

Lujan Grisham pocket vetoes two bills

Gov. Michelle Lujan Grisham pocket vetoed two bills the legislature passed this legislative session: one changing the Cybersecurity Act and the other concerning law…
Economic Development Department announces Energy Transition Act funding awards

Economic Development Department announces Energy Transition Act funding awards

Funding to assist with economic development following the closure of the San Juan Generating Station will be distributed to four projects in San Juan,…
BLM increases what companies must pay to extract oil and gas 

BLM increases what companies must pay to extract oil and gas 

The U.S. Bureau of Land Management announced a new rule Friday governing onshore oil and gas production that advocacy groups say will help protect…
Court hears arguments in oil and gas pollution case

Court hears arguments in oil and gas pollution case

A district court judge heard arguments Friday about whether to dismiss a lawsuit that could have major implications for the oil and gas industry…
Amid new graduation requirements, what do high schoolers want to learn?

Amid new graduation requirements, what do high schoolers want to learn?

By Margaret O’Hara, The Santa Fe New Mexican The main things that bring Brayan Chavez to school every day: Seeing, talking to and engaging with…
Special ed teachers hope lawmakers OK pay raises, admin changes

Special ed teachers hope lawmakers OK pay raises, admin changes

By Margaret O’Hara, The Santa Fe New Mexican Brittany Behenna Griffith has a laundry list of adjectives to describe the ideal special education teacher:…
Lawmakers must find consensus on competing education spending plans

Lawmakers must find consensus on competing education spending plans

By Margaret O’Hara, The Santa Fe New Mexican A challenging task awaits New Mexico lawmakers in the next 30 days: Reconciling three very different…
Health workers fear it’s profits before protection as CDC revisits airborne transmission

Health workers fear it’s profits before protection as CDC revisits airborne transmission

Amy Maxmen, KFF Health News Four years after hospitals in New York City overflowed with covid-19 patients, emergency physician Sonya Stokes remains shaken by…
Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Lujan Grisham, Biden admin announce $10 million in federal funds for tribes, pueblos

Gov. Michelle Lujan Grisham announced Friday $10 million in funding from the federal American Rescue Plan Act was awarded to six tribal nations and…
Proposal to curb executive powers moves to House Judiciary

Proposal to curb executive powers moves to House Judiciary

The House Government, Elections and Indian Affairs Committee discussed a potential constitutional amendment that seeks to limit the governor’s executive powers. The committee approved…
Politics and abortion, how much will it matter?

Politics and abortion, how much will it matter?

At the national level, abortion is still a high-stakes issue with both major presidential candidates talking about it in their campaigns, but it may…
How the AZ Supreme Court decision on abortion impacts New Mexico

How the AZ Supreme Court decision on abortion impacts New Mexico

The Arizona Supreme Court ruled on Tuesday that an 1864 abortion ban is enforceable, throwing another state bordering New Mexico into the situation of…
The status of the lawsuit New Mexico joined to remove FDA restrictions to mifepristone

The status of the lawsuit New Mexico joined to remove FDA restrictions to mifepristone

While the U.S. Supreme Court considers the future of access to the abortion medication, mifepristone, another lawsuit against the FDA that would expand access…
Politics and abortion, how much will it matter?

Politics and abortion, how much will it matter?

At the national level, abortion is still a high-stakes issue with both major presidential candidates talking about it in their campaigns, but it may…
How the AZ Supreme Court decision on abortion impacts New Mexico

How the AZ Supreme Court decision on abortion impacts New Mexico

The Arizona Supreme Court ruled on Tuesday that an 1864 abortion ban is enforceable, throwing another state bordering New Mexico into the situation of…
The status of the lawsuit New Mexico joined to remove FDA restrictions to mifepristone

The status of the lawsuit New Mexico joined to remove FDA restrictions to mifepristone

While the U.S. Supreme Court considers the future of access to the abortion medication, mifepristone, another lawsuit against the FDA that would expand access…
Vasquez calls out Republicans for ‘inaction’ on border policy

Vasquez calls out Republicans for ‘inaction’ on border policy

U.S. Rep. Gabriel “Gabe” Vasquez, a Democrat who represents the state’s 2nd Congressional District along the U.S.-Mexico border, cosponsored a resolution on Monday calling…
Politics and abortion, how much will it matter?

Politics and abortion, how much will it matter?

At the national level, abortion is still a high-stakes issue with both major presidential candidates talking about it in their campaigns, but it may…
Politics Newsletter: Early and absentee voting

Politics Newsletter: Early and absentee voting

Good morning fellow political junkies! Early and absentee voting for the June 4 New Mexico primary begins in about a month. The nonprofit election…

Can the Albuquerque Police Department ever be reformed?

by Joshua Bowling, Searchlight New Mexico In the past decade, reforming the Albuquerque Police Department has cost nearly $40 million and generated 5,600 pages…
Politics Newsletter: Uncommitted primary voting

Politics Newsletter: Uncommitted primary voting

Hello fellow political junkies! Early and absentee voting in the New Mexico Primary begin on May 7. With many voters readying their choice for…
Politics and abortion, how much will it matter?

Politics and abortion, how much will it matter?

At the national level, abortion is still a high-stakes issue with both major presidential candidates talking about it in their campaigns, but it may…

GET INVOLVED

© 2023 New Mexico Political Report