How to Negotiate a Reduced Penalty for SNAP Violations

How to Negotiate a Reduced Penalty for SNAP Violations

If you’ve been accused of violating the rules of the Supplemental Nutrition Assistance Program (SNAP), also known as food stamps, you may be facing some serious penalties. But don’t panic just yet – there are ways to negotiate a reduced penalty and minimize the impact on your life. In this article, we’ll walk you through the steps you can take to navigate this tricky situation.

Understanding SNAP Violations

First things first, let’s talk about what exactly constitutes a SNAP violation. According to the U.S. Department of Agriculture, some common violations include:

• Selling SNAP benefits for cash (known as “trafficking”)
• Using SNAP benefits to buy ineligible items like alcohol or tobacco
• Lying on your SNAP application or failing to report changes in your income or household size
• Allowing someone else to use your SNAP benefits

The penalties for these violations can range from a warning letter to permanent disqualification from the program, depending on the severity and frequency of the offense. In some cases, you may even face criminal charges.

Assessing Your Situation

Before you start negotiating, it‘s important to take a step back and assess your situation. Ask yourself:

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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 authorization is being permanently disqualified due to allegations of trafficking — specifically, exchanging SNAP benefits for cash with several customers over a six-month period. You believe some of the transactions were legitimate but poorly documented, and you're terrified of losing your business.

Is there any way to negotiate a reduced penalty or avoid permanent disqualification from the SNAP program?

Attorney's Answer

Under 7 U.S.C. § 2021 and 7 C.F.R. § 278.6, the USDA has the authority to impose a civil money penalty instead of permanent disqualification if your store can demonstrate that permanent removal would cause a hardship to the community — particularly if there are no other SNAP-authorized retailers within reasonable distance. We would immediately file a request for administrative review with the FNS and present evidence challenging the trafficking allegations, including transaction records, supplier invoices, and inventory data that may explain the flagged patterns. If the evidence supports it, we can argue for a civil money penalty under the regulatory framework rather than disqualification, and if the administrative outcome is unfavorable, you have the right to seek judicial review in federal district court under 7 U.S.C. § 2023. Time is critical in these cases — you typically have only 10 days to request an administrative review, so acting quickly gives us the strongest position to negotiate a reduced penalty.

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

• What specific violation are you being accused of?
• Is this your first offense or do you have a history of violations?
• What evidence does the government have against you?
• How will a penalty impact your ability to feed yourself and your family?

Answering these questions will give you a better sense of what you’re up against and what your priorities should be in the negotiation process.

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