How Do I Fight Allegations of Food Stamp Trafficking?

How Do I Fight Allegations of Food Stamp Trafficking?

Getting accused of food stamp trafficking feels scary. Your reputation, business, and freedom are at risk. But with an experienced lawyer, you can fight the allegations. This article explains how food stamp fraud cases work and your defense options. My goal is to educate and give you hope. So take a deep breath – let’s break it down.

What is Food Stamp Trafficking?

First, trafficking doesn’t mean smuggling people. With food stamps, it means misusing benefits. Like giving customers cash instead of food. Or letting them buy stuff you re-sell at your store. Big no-no according to the feds.

The government calls it “aggressive fighting fraud”[1]. But often innocent mistakes get labeled “trafficking.” This article will help you understand the rules and fight back if accused.

Why Does Trafficking Happen?

Trafficking is common in poor areas. Customers want cash to pay bills. Small stores want more inventory. It’s an economic survival thing. The government doesn’t get that. They just punish without addressing root causes.

Sure, some stores knowingly break the law. But many have no criminal intent. Language barriers, cultural issues, and confusing rules lead to unintentional violations. You can get banned for normal business practices like stocking up on sale items.

Bottom line – this is complex stuff. So don’t panic if accused. With the right legal strategy, you can avoid unfair punishment.

How Trafficking Cases Work

It starts with an audit or tip. Then Department of Agriculture (USDA) agents investigate. They look for patterns like:

• Unusually high food stamp sales
• Buying inventory from suspicious sources
• Letting benefits buy non-food items
• Trading cash for benefits

If they find evidence, you get charged administratively and sometimes criminally. Then your store gets banned from the food stamp program. Harsh penalties happen even for minor, unintentional errors.

Administrative Disqualification

For the USDA case, an agency judge decides if trafficking occurred. Charges must be proven by a “preponderance of evidence.” This is a low evidence standard. Basically, they just need to show it was more likely than not.

If found guilty, your store is disqualified from accepting food stamps. First offense is one year. Second is permanent. You can also get fined up to $100,000 based on the amount of trafficking.

Criminal Prosecution

Trafficking over $5,000 in benefits is a federal felony. State prosecutors can also charge crimes based on trafficking amounts in their laws. Penalties can include:

• Prison time
• Fines and asset forfeiture
• Probation

Criminal cases have higher standards of proof than administrative charges. But convictions bring harsh punishments like jail time and business collapse.

How a Lawyer Defends You

An experienced trafficking defense lawyer can fight the allegations with strategies like:

• Contesting weak evidence
• Raising procedural violations
• Humanizing you to prosecutors
• Negotiating lower penalties
• Filing appeals if convicted

We dig into the details and capitalize on any weaknesses in their case. Even if evidence looks bad, skilled litigators can still win dismissals or not guilty verdicts.

Key Defenses and Tactics

Some of the top ways we defend trafficking cases include:

• No Criminal Intent – Mistakes don’t equal crimes. We show you didn’t knowingly break the law.
• Entrapment – Undercover agents can’t induce you to traffic. We argue they crossed lines.
• Cultural Barriers – Language and cultural gaps can lead to unintentional violations.
• Unclear Rules – Ambiguous regulations make violations likely even without intent.
• Recordkeeping – Poor records can cause trafficking illusions. We dig into sloppy books.
• Unreliable Informants – We attack credibility of tipsters with criminal motives.

Skilled lawyers know how to undermine the government’s trafficking theories. We humanize you and expose flaws in their case.

Getting Charged Isn’t the End

If you’re accused of food stamp trafficking, don’t panic. Contact an experienced criminal defense lawyer immediately. A skilled legal advocate can defend your reputation and avoid unfair punishment.

Trafficking cases are complex but beatable. We know how to attack sloppy investigations, unreliable witnesses, and ambiguous regulations. Even if evidence looks bad, skilled litigators can still win dismissals or acquittals.

Don’t go it alone against the power of the government. With an experienced guide, you can avoid becoming another trafficking statistic. Let us stand by your side and fight for justice. We can help you keep your business, freedom, and good name.