SNAP Defense of a Grocery Store

Food Program Compliance and SNAP Violations

Grocery stores and food retailers are expected by law to adhere to certain rules and regulations. In normal cases, they have no problem doing this. However, government instituted food programs can expose your store to litigation issues. In the recent past, the government through the backing of Congress has embarked on closing stores that have been found in violation of food programs, the most notable one being the Supplemental Nutrition Assistance Program (SNAP). If you have received a SNAP violation letter, then you need to consult with a SNAP defense attorney.

A SNAP charge could result in hefty fines and serious penalties. The crackdown on food program violations is still ongoing. The United States Department of Agriculture (USDA) has closed down and issued temporary and permanent disqualifications to store owners. Putting up a good defense is one of the best strategies to avoid any of these penalties. As a grocery store owner, you may not be aware of any violations happening in your store. In most cases, these violations are carried out by employees. If you can prove that you were not aware of these violations, then the USDA can issue a warning or a lesser penalty.

Why Should I Consult with a SNAP Defense Lawyer?

Once you receive a SNAP charge letter, you are expected to respond within a given time frame. In most cases, the time allocated is 10 days. If you fail to respond to the allegations made against your store, then this can be assumed as an admission of guilt. This means that you will be stuck with the penalty issues against you with no chance to defend yourself. Given that you still need to manage the day to day activities of your store, retaining a lawyer is advisable. The lawyer will look into the allegations and advise you on the best way forward. SNAP defense lawyers have defended many stores before, and they know the right defenses to use in any particular situation.

SNAP Defenses and Responses

If you are guilty of a SNAP violation, the lawyer can use various defenses to ensure that you are not disqualified from the program. In most cases, you can make a request to pay a civil fine. This money penalty will depend on the gravity of the allegations made against you. A lawyer can represent you in a hearing and negotiate for a lesser civil penalty. There are certain factors that the USDA will consider before they decide whether to grant your civil fine request.

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

NY Bar Admitted Multi-State Licensed Federal Courts

Meet the Full Team

Legal Scenario: What Would You Do?

Scenario

You own a small grocery store that participates in the SNAP program, and you just received a charge letter from the USDA Food and Nutrition Service alleging that your store engaged in trafficking EBT benefits by exchanging SNAP credits for cash. Security camera footage and transaction records from undercover investigators are being used against you, and the USDA is seeking permanent disqualification from the program.

Can I fight the USDA's decision to permanently disqualify my store from SNAP, and what are my options to keep my business alive?

Attorney's Answer

Under 7 U.S.C. § 2021 and 7 C.F.R. § 278.6, you have the right to request administrative review of the USDA's charge letter within 10 days and can subsequently file for judicial review in federal district court if the administrative outcome is unfavorable. A permanent disqualification for trafficking can sometimes be reduced to a civil money penalty if you can demonstrate that your store had compliance procedures in place and that the violations were committed by rogue employees without management knowledge, as outlined in 7 C.F.R. § 278.6(i). We would immediately challenge the sufficiency of the USDA's evidence, scrutinize whether the undercover investigation followed proper protocols, and argue for a civil money penalty in lieu of disqualification to keep your store operational. Time is critical in these cases because missing the administrative review deadline can forfeit your right to contest the charges entirely.

This is general information only. Contact us for advice specific to your situation.

The USDA will check whether you have a compliance policy in place. This policy needs to be well documented and accessible to all employees. The compliance policy needs to have existed prior to the allegations. Any compliance document that is drafted after the violation charge will not be considered. A civil fine request can also be granted if you have a training program to educate employees on food program regulation and how to handle the electronic payments. Another crucial determinant is whether you as the store owner was aware of or part of the SNAP violation. The USDA will check whether you benefited in any way from the fraud or violation. Any involvement on your part can result in temporary or permanent disqualification.