SNAP Defense of a Grocery Store Lawyers

SNAP Defense of a Grocery Store: Legal Representation for Violations

What is SNAP?

The Supplemental Nutrition Assistance Program is referred to commonly as SNAP. It’s a program issued by the United States government to those who struggle with their finances and are unable to provide healthy and basic nutrients to their families. Anyone who receives SNAP benefits is permitted to spend so much money every month on their health and nutrition, and stores that accept these benefits are only permitted to sell specific items to people using their SNAP benefits. It’s the basics, the healthy items people need to care for their families, and other essentials. It’s not for fun items, alcohol, or cigarettes.

When Your Store Receives a SNAP Charging Letter

When a store is permitted to accept SNAP benefits, it increases the business in that store due to the sheer number of people who are issued these government benefits each month. When a store accepts SNAP, the store is required to follow strict laws and rules regarding the acceptance and proper use of these benefits. When a store is suspected of violating the rules, they are sent a SNAP charging letter from the USDA outlining what they suspect is going on in the business and how they plan on taking action against your business. If your grocery store receives a SNAP charging letter, you must hire a SNAP defense attorney right away.

The Importance of Immediate Action

The USDA is very aggressive when it comes to SNAP violations. This is the government’s money, and they want to be sure it’s being used correctly. If your store receives a charging letter, it must be handled appropriately and right away. There is no time to let it sit and forget about it. If you do not respond, you could lose your ability to accept snap benefits due to suspension or permanent revocation of your license. This is a big business loss for anyone who accepts these benefits.

Don’t Incriminate Yourself

When you don’t hire an attorney, you could incriminate yourself even if you feel you’re not doing that. The USDA can use anything you say and do against you, even if you make one comment to them about being unaware there was fraudulent activity in your place of business. You might not be aware of it, but you should always deny that anything is wrong. The best way to handle this situation is to hire an attorney to draft a professional response that doesn’t incriminate your business at all.

Your attorney is going to work with you to disprove what the USDA believes is true of your business. Sometimes it’s difficult to handle this if the evidence they have against your grocery store was found when an undercover investigator went into the business and was allowed to use their snap benefits fraudulently. It’s frustrating when the problem is something you did on your application. You might have knowingly made false claims so you were issued a license to accept snap benefits, or you were given an application to fill out and didn’t understand what it was asking. If you provided false information by mistake, you still face consequences.

USDA Enforcement Mechanisms

USDA Aggression Against SNAP Fraud

The USDA is dedicated to protecting the interests of the American taxpayers. As such, snap violations are treated with utmost seriousness. The federal government has also put measures in place to track snap purchases. This helps them to identify all suspicious transactions and conduct investigations. The USDA also collaborates with other state agencies to ensure that the violators are charged.

Technology Used to Track Violators

The USDA is constantly investing in the latest technologies to ensure that this food program is not abused. One of the key technologies is the use of electronic “audit trail” to identify and track any suspicious activity. The Anti-Fraud Locator is another tool used to monitor the Electronic Benefit Transfer systems. Stores engaging in suspicious activity can easily be tracked and fined heavily. Serious violations can attract a permanent or temporary disqualification.

SNAP Violation Investigation Staff

The USDA has a wing dedicated to snap fraud. The department has over 100 investigators and analysts located in different parts of the country. This team is tasked with analyzing data to check for suspicious activities. They also undertake undercover investigations in collaboration with the police and detectives. The team also prosecutes cases and administers fines and disqualifications for retailers who are guilty of violations. The Department also consults with law enforcement authorities and fraud experts.

Federal Government Action Against Violators

Retailers and store owners found to be misusing the programs stand to face harsh penalties. In 2012 for instance, the Department deployed over 100 investigators to patrol and monitor over 15,000 stores. During these investigations, about 1,400 stores faced permanent disqualification. Most of these retailers were charged with trafficking. Among the 1,400 stores, about 70 received sanctions for other violations such as illegal sales. Serious offenders received prison sentences.

To remain on the right side of the law and to avoid harsh penalties, you need to be aware of what constitutes a snap violation.

SNAP Violations Explained

The following activities can result in snap violation charges:

• If your store is found guilty of snap benefits trafficking. The word trafficking is a broad term used to refer to fraudulently accepting or stealing benefits.
• If the owners knowingly and intentionally falsified information on the store’s application form or in an attempt to gain EBT benefits.
• If a store accepts benefits or exchanged non-food items such as tobacco, alcohol and other unqualified products to gain snap benefits.
• If the coupon redemptions for a particular store exceed the food sales during the same period.
• If the store knowingly accepts benefits from unauthorized persons. snap benefits should only be used by legally entitled card holders.
• If a store maintains a credit tab in exchange for EBT benefits.

How Stores Can Commit Food Stamp Fraud

When people think about the term food stamp fraud, they typically think about the individuals. However, it is common for grocery store workers to commit fraud. There are several ways that fraud can be committed. It is common for people who work at grocery stores to buy food stamps from their customers.

People may also charge someone for a transaction that they did not make. For example, a person’s groceries total up to $100. A person can commit food stamp fraud by charging the customer $200.

Additionally, a grocery store can be charged with fraud if they allow a customer to make purchases for items that are excluded from snap benefits. This includes things such as hot food, tobacco and alcohol.

Types of Penalties for Food Stamp Fraud

It is imperative that you hire a snap defense attorney if you have been accused of food stamp fraud. There are dire consequences that you may face.

Financial Penalties

Fines are the most common consequence. You may be ordered to pay a fine up to $100,000 for every infraction.

Disqualification

Additionally, a penalty can result in a temporary or permanent disqualification. If the judge decides to temporarily suspend your snap benefits, then they will likely be suspended for 12 to 24 months. You won’t be able to accept snap as payment during this time.

If weapons and alcohol are purchased in exchange for snap benefits, then this will likely result in a permanent disqualification. You can also get permanently disqualified if you commit multiple snap violations.

It is important to note that a permanent disqualification can do a lot of harm to your business. You won’t be able to accept as many customers as you did in the past. This loss of revenue can force you to close your grocery store.

The SNAP Violation Letter and Response Process

Receiving the Violation Letter

The United States Department of Agriculture will be notified of the fraud that you have committed. It is important for you to open this letter and respond to it as quickly as you can. They will give you a list of documents that you have to fill out and send back.

You will also need to call an attorney as soon as you get your letter. You may not want to try to defend yourself against the allegations because you may end up saying something that will incriminate you. Attorneys know what to say and how to defend you against the charges.

Your Rights and Timeframes

You are given rights, timeframes, and specific instructions when your business is accused of wrongdoing regarding snap acceptance. If you receive a charging letter in the mail, don’t panic. Call an attorney and get this handled right away. Do not call the USDA on your own, and do not speak to anyone about your letter until you’ve spoken with an attorney regarding the entire situation. Saying one wrong thing can cause your business to lose its ability to accept these benefits, and that’s why an attorney is the person who should do all the talking.

The Three-Step Process for SNAP Violation Determination

There are three steps involved in the process of determining whether you will be punished for snap fraud.

Step One: Initial Violation Letter

You will get your letter from the USDA outlining the alleged violations.

Step Two: Administrative Appeal

After that, you will get an administrative appeal. You will have 10 days to respond to this letter just like the first letter.

Step Three: Judicial Appeal

The final phase is the judicial appeal. The USDA will have to decide whether they want to overturn their decision or go forward with the case. You will have to stand before the judge during this process.

Why It Is Important to Hire an Attorney

Hiring an attorney to help you with your case is the best thing you can do. There are very few things you can do to help your case when you don’t have an attorney on your side. Once you are in need of defense, it’s up to your attorney to file the proper paperwork to ask for an appeal at the administrative level or even the judicial level. You need these benefits to see success at work, and that means you must not take these allegations lightly.

Available Defenses

There are different defenses that your attorney can use. You may be able to avoid having to pay a fine or get disqualified from accepting snap benefits. The ruling that is made by USDA is not permanent. Everything can be contested in court. The USDA is serious about punishing people who take advantage of snap benefits. However, a competent attorney can ensure that you have aggressive representation that you need.

Compliance as Your Best Defense

Overall, the best defense to a snap violation charge is compliance. You need to have a written policy document with clear guidelines on how snap transactions should be treated. Employees also need to be well trained on the actions to take when effecting these transactions. You can also invest in software to help you keep track of these special transactions. A Civil Penalty Fine can cripple the operations of your business. The same goes for a permanent or temporary disqualification. You need to give your business a fighting chance by hiring a violations attorney. Their expertise and experience can help you prepare a good defense that could help you avoid the harsh USDA penalties.

Additional Considerations

Common Mistakes to Avoid

A defense of any snap violation will require legal consultation. On your own, you may make certain mistakes that can jeopardize your case. For starters, you need to remember that any conversations you make with the USDA are recorded. As such, any admissions of guilt can be used against you. Many store owners also attempt to negotiate with the USDA for snap violations. The federal department does not negotiate with violators. You can be sure that once they send you a violation charge, they intend to fine you or disqualify your business from the program.

Another mistake you can make is admit wrongdoing before consulting with a violations attorney. It is important to note that just because the USDA had detected something amiss does not mean that you are guilty of a violation. It is prudent to look through your records and engage with an attorney. It would be detrimental to you and your business if you acknowledge an inaccurate charge.

It is also ill advised to immediately accuse your employees of wrongdoing and report the same to the USDA officials. As an owner, you will still be held responsible for any violations conducted under the name of your business. Before you jump the gun and point fingers, conduct an investigation with the help of a legal expert.