Lawyers For SNAP Dismissal of Trafficking Charges
SNAP benefits are a major source of income for many business owners, and a charging letter in the mail accusing your business of wrongdoing can be a devastating situation. Once a business owner receives a SNAP charging letter outlining what your business is accused of doing in violation of SNAP benefits laws, you have to respond. It’s best to keep your response neutral and avoid admitting to anything that might even point to a shred of guilt. Never accuse your employees of making mistakes, never admit you believe there could have been a mistake at your business, and always tell the USDA their information is incorrect.
Never speak to the USDA or respond to a SNAP charging letter without first consulting with your attorney. If you don’t respond correctly, your business could be shut down or your SNAP benefits could be taken from you. If you can’t accept SNAP benefits anymore, your bottom line is seriously affected. You must know how to handle a situation such as this, and you must know what you should do when SNAP charging letters come your way so you see dismissal of any trafficking charges.
SNAP Trafficking Charges
If the USDA feels anything wrong has occurred in your place of business, you could be accused of trafficking SNAP benefits. This typically occurs when a business owner is allowing people to use their SNAP benefits for incorrect purposes. It could be a simple as allowing people using their SNAP benefits to purchase alcohol or other items which aren’t covered under their benefits, or it might be something as serious as allowing customers to sell you their SNAP benefits for a discounted cash price so they can buy whatever they want. It might even be a simple mistake someone else made or that was recorded in the USDA’s information.
If you get a charging letter, you must respond to it. You must do this through your attorney if you want to cover yourself, and be sure nothing inappropriate is said that might just further incriminate you or your business. If you are found guilty of SNAP trafficking charges, you will lose your ability to accept SNAP benefits, you might have your business shut down, and you might even face jail time and other penalties.
The Response Process
Your response is important. It’s the first step in the dismissal process. Once your response is received, you are able to go through the administrative appeal process. This is when you receive paperwork from the USDA outlining how they’ve decided to proceed. If they decide to go forward with their case, your attorney is going to file a motion to appeal so you can have an administrative hearing.
If the administrative appeal doesn’t work and the USDA decides they are not overturning their decision, your attorney is going to file a motion for a judicial appeal to take it to the next level. This occurs in a Federal Court. It’s this part of the process that matters most when things get this far. This is when the federal judge in your district takes a look at your paperwork, and works to come up with an answer.
The if the judge is on your side when you get this far, you will find you are given a dismissal of SNAP trafficking charges. Your business will continue to accept SNAP benefits, your business will not be fined or in trouble, and you can move on with your life.
You must call an attorney if you are looking to get a dismissal of SNAP trafficking charges. An attorney knows what to say, how to file the appropriate paperwork, and how to ensure that your rights is always met in this process. Even one misstep can cause you to lose your business. Which is why it’s so important you hire an experienced attorney to work with you in this situation.
Understanding SNAP and EBT Trafficking
The Supplemental Nutrition Assistance Program (SNAP) provides eligible individuals with food benefits every month. The benefits are issued on an Electronic Benefits Transfer card. The United States Department of Agriculture Food & Nutrition Service Agency regulates SNAP.
The USDA’s Food and Nutrition Service Agency defines EBT trafficking as
Stealing, buying, or selling an EBT card for cash. Using an EBT card or SNAP benefits for the exchange of explosives, ammunition, drugs, or guns. Using an EBT card to buy food or other products with the intention of reselling the items to another individual. Returning an EBT food purchase for cash or store credit. Allowing cash back for SNAP transactions.
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(212) 300-5196SNAP Trafficking Violations
According to the USDA, SNAP trafficking can be violated directly or indirectly. SNAP trafficking is one of the more common SNAP violations among retailers, and can lead to serious penalties. Which could include
Permanent Disqualification From SNAP
Permanent disqualification could be sanctioned from SNAP if the retailer
committed trafficking as defined in § 271.2. Committed repeated violations. Knowingly submitted false information which could affect the retailers eligibility.
Temporary Disqualification From SNAP
Temporary disqualification of 5 years will be sanctioned if it’s a retailer’s first violation. Furthermore, a temporary disqualification will be issued if the retailer was previously warned that SNAP violations was taking place and evidence shows
SNAP redemptions for a set time frame exceeded food sales in the same period. The retailer allows an individual to purchase ineligible items, such as cigarettes or alcohol, with SNAP benefits. The retailer knowingly accepted payment via SNAP benefits when the buyer was not legally entitled to the benefits.
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.
Three-Year Disqualification
A retailer may be disqualified from participating in SNAP for 3 years if evidence shows
The retailer has been previously advised that violations was occurring and continued violate SNAP regulations. Personnel knowingly submitted an application with false information which involved annual retail food sales, financial information, store name, store location, number of cash registers, or nonfood inventory. The retailer engaged in SNAP transactions with other authorized retailers after being warned of the possibility that violations was occurring.
You own a small grocery store and just received a SNAP charging letter from the USDA alleging that your business engaged in trafficking — exchanging SNAP benefits for cash instead of eligible food items. The letter states that EBT transaction data shows suspicious patterns, including repetitive same-dollar transactions and unusually high redemption amounts relative to your store's inventory size.
Can I lose my store's authorization to accept SNAP benefits permanently, and is there any way to get these trafficking charges dismissed?
Under 7 U.S.C. § 2021(a), the USDA Food and Nutrition Service has the authority to permanently disqualify a store from the SNAP program for trafficking violations, and unlike other SNAP infractions, trafficking carries no option for a civil money penalty in lieu of disqualification for first-time offenses. However, you have the right to request an administrative review of the charges within 10 days of receiving the letter, and if the agency's evidence relies primarily on EBT transaction pattern analysis, an experienced attorney can challenge the statistical methodology and present alternative explanations for the flagged transactions. Under 7 C.F.R. § 279.5, if the administrative review is unfavorable, you may also file for judicial review in federal district court. Acting quickly and submitting a carefully crafted response — without making admissions — is critical to preserving your chances of a dismissal or reduced sanction.
This is general information only. Contact us for advice specific to your situation.
One-Year and Six-Month Disqualifications
A retailer may be disqualified for one year if evidence shows
It was the retailers first sanction. The retailer allowed SNAP benefits to be used as payment for ineligible items which were sold to an individual on credit.
If it’s a retailer’s first sanction, and evidence shows that employees were unaware they committed violations, it will disqualify the retailer for 6 months.
