Your SNAP Trafficking Complaint Dismissed

Have you been notified about United States Department of Agriculture (USDA) charges involving SNAP benefits, such as trafficking or fraud? If so, then the SNAP Specialist Attorneys at our law firm can help you.

The fact is that the number of cases has gone down significantly over the years for these types of violations. Nevertheless, accusations are still being made by the USDA against owners of grocery stores and markets who serve SNAP customers and the penalties for this category of infractions can be rather stiff.

SNAP Defined

SNAP is the Supplemental Nutrition Assistance Program that gives benefits recipients the power to utilize a predetermined monetary value in food benefits every month. They can access the benefit funds using a card-based system referred to as Electronic Benefits Transfer or EBT.

While they have some similarities, there are special limitations and marked distinctions between the SNAP program EBT cards and traditional debit cards.

• SNAP benefits that are made available through the EBT cards are not used for general purchases in the traditional fashion bank debit cards are and
• The cash-back feature that is so useful when shopping with bank debit cards is not available. SNAP funds have been issued to the recipient for food purchases only.

EBT Cards and Implementation

EBT cards succeeded the paper food stamp coupon system towards the end of the 20th century. Under the current electronic system, the benefits are disbursed to EBT cards by the SNAP recipient’s state of residence.

DEFENSE TEAM SPOTLIGHT

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Legal Scenario: What Would You Do?

Scenario

You own a small grocery store and just received a letter from the USDA Food and Nutrition Service stating that your SNAP retailer authorization is being permanently disqualified based on allegations that your store exchanged cash for EBT benefits. You have security camera footage and transaction records that you believe show legitimate food purchases, but you only have 10 days to respond.

Can I fight the USDA's trafficking charge and get my SNAP retailer authorization restored before my store goes under?

Attorney's Answer

Yes, you have the right to request an administrative review of the USDA's disqualification decision under 7 C.F.R. § 278.8, and if that fails, you can file a complaint in federal district court under 7 U.S.C. § 2023 for a judicial review with a trial de novo. The USDA relies heavily on EBT transaction pattern analysis to flag stores, but these algorithms often produce false positives — unusual transaction patterns can result from legitimate business practices like bulk purchasing by large families or community buying clubs. An experienced attorney can challenge the sufficiency of the USDA's evidence, present your store's records and surveillance footage, and argue for a civil money penalty under 7 C.F.R. § 278.6 instead of permanent disqualification, which would allow you to keep serving SNAP customers while resolving the matter.

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

The SNAP program and also the benefits that are associated with it come under the United States Code (7 U.S.C. Chapter 51) and the Code of Federal Regulations (7 C.F.R. §278). The benefit program is carried out, regulated and enforced by the United States Department of Agriculture (USDA) Food & Nutrition Service (FNS) Agency.

Violations Most Often Charged in Connection with SNAP Benefits