24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Client Testimonials

5

THE BEST LAWYER ANYONE COULD ASK FOR.

The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

schedule a consultation

Blog

How Do I Fight Allegations of Manual EBT Card Entries?

March 21, 2024 Uncategorized

 

How Do I Fight Allegations of Manual EBT Card Entries?

If you’ve been accused of improper manual entries on your EBT card, don’t panic. There are ways to fight these allegations and protect yourself. In this article, I’ll explain how investigators try to prove manual entries, what your defense options are, and tips to avoid false accusations in the first place.

What are Manual EBT Entries?

Manual EBT card entries occur when a retailer keys in a transaction instead of swiping the card. This allows benefits to be debited without the recipient being present. Manual entries are prohibited by SNAP except in very limited circumstances to fix a system error[1].

Intentionally processing manual EBT transactions can be considered trafficking if used improperly. But false allegations happen too. Here’s how to fight back if accused.

How Investigators Try to Prove Manual Entries

Investigators use EBT transaction records to identify manual entries. Signs may include[2]:

  • Multiple even-dollar transactions on one day
  • More manual versus swiped transactions than normal
  • High volume of manual transactions with certain recipients
  • Transactions during irregular hours like late at night

They then try to gather evidence like surveillance video or witness statements to prove intent and improper use.

Reasons for Legitimate Manual EBT Entries

Not all manual EBT entries are fraudulent. Here are some valid reasons they may occur:

  • System outages when swiping isn’t possible
  • Correcting entry errors like incorrect balances
  • Card reader malfunctions and swipe failures
  • Recipient approved a manual transaction over the phone

If entries fall within program rules, there should be no basis for allegations. Keep detailed records explaining all manual transactions.

Fighting Allegations of Improper Use

If accused of illegal manual EBT entries, your lawyer can fight back by[3]:

  • Contesting whether program rules were actually violated
  • Arguing entries were allowed customer service activities
  • Showing computer or system errors necessitated manual entries
  • Providing records of recipient-approved telephone transactions
  • Filing appeals of any penalties or disqualifications

With the right evidence and advocacy, charges can be defeated.

Avoiding SNAP Trafficking Penalties

If found guilty of trafficking through manual EBT entries, penalties may include[4]:

  • Fines up to $100,000 per violation
  • Permanent disqualification from SNAP after 3 violations
  • Forfeiture of assets involved in the illegal transactions
  • Federal criminal prosecution

A skilled lawyer can often get penalties reduced or avoid them entirely.

Best Practices for Compliant EBT Transactions

Here are some tips to avoid allegations when processing EBT transactions:

  • Swipe cards for all transactions whenever possible
  • Only use manual entries for allowed circumstances
  • Get recipient approval and document all manual entries
  • Watch for unusual transaction patterns
  • Retain detailed records justifying manual entries

Showing you follow the rules helps dispute any false accusations.

Responding to Investigators

If questioned by investigators about manual EBT entries:

  • Remain calm and cooperative
  • Do not deny allegations or speculate
  • Explain your understanding of program rules
  • Note circumstances requiring manual entries
  • Provide transaction records for review
  • Decline to answer further questions without your lawyer

Be careful not to accidentally self-incriminate.

Consult an Expert EBT Defense Attorney

If formally accused of SNAP violations based on manual EBT entries, immediately contact an experienced EBT defense lawyer. They can:

  • Assess if the investigation was conducted properly
  • Determine if evidence conclusively proves intent
  • Advise you on responding to charges
  • Defend you in appeals and hearings
  • Negotiate reduced penalties if needed

With an expert attorney, you stand the best chance of protecting yourself and your business.

Avoiding Employee Trafficking

To prevent employee trafficking through manual EBT entries:

  • Train staff on proper EBT transaction procedures
  • Require supervisor approval of all manual entries
  • Routinely audit EBT records for suspicious patterns
  • Have clear policies prohibiting improper use of manual entries
  • Immediately investigate any signs of potential abuse

Oversight and accountability deters fraud.

Maintaining SNAP Compliance

To remain compliant with SNAP rules regarding EBT processing:

  • Regularly review program requirements on allowed manual entries
  • Document all staff training on proper EBT procedures
  • Address any non-compliance issues immediately
  • Conduct self-audits of EBT transaction records
  • Cooperate fully if you receive a compliance investigation

Staying current on rules and being accountable demonstrates you take compliance seriously.

Conclusion

Allegations of improper manual EBT card entries can have serious consequences. But with the right evidence and legal advocacy, you can protect yourself and your business. Be proactive in following SNAP rules, document your compliance, and fight any false accusations aggressively.

 

Lawyers You Can Trust

Todd Spodek

Founding Partner

view profile

RALPH P. FRANCHO, JR

Associate

view profile

JEREMY FEIGENBAUM

Associate Attorney

view profile

ELIZABETH GARVEY

Associate

view profile

CLAIRE BANKS

Associate

view profile

RAJESH BARUA

Of-Counsel

view profile

CHAD LEWIN

Of-Counsel

view profile

Criminal Defense Lawyers Trusted By the Media

schedule a consultation
Schedule Your Consultation Now