SNAP Violation Attorneys

In 2013, Congress received a report detailing the dramatic increase in the Supplemental Nutrition Assistance Program (SNAP) violations. Acting on this report, Congress mandated a crackdown on the stores found to be in violation, especially those trafficking. In 2014, Congress mandated the use of an ALERT system to identify, disqualify and suspend thousands of stores. Sadly, even the stores guilty of minor violations were treated as major violators. A business that accepts payments from Electronic Benefit Transfers (EBT), Supplemental Nutrition Assistance (SNAP) and Women and Infant Care (WIC) food stamps are under the risk of falling into noncompliance. This can lead to gross sales losses, and most businesses are not able to recover.

Whether you are facing a minor or major snap violation, it is in your best interest to arm yourself with an experienced snap violation attorney. Convenience stores and small grocers heavily rely on the revenue from these transactions to remain afloat. Legal representation is therefore crucial because a violation charge could mean the closure of your business. To appreciate the need for a snap violation attorney, you need to be aware of the penalties you stand to face for a violation.

Snap Violation Penalties

The Unites States Department of Agriculture can enforce the following penalties:

• A civil fine
• Temporary disqualification
• Permanent disqualification

These penalties are designed to affect your ability to conduct business and to keep your stores open. A temporary and permanent SNAP disqualification can have a huge impact on your revenue. A civil fine could mean parting with thousands of dollars. This can result in business closure, especially for grocery stores and convenience stores. While it is rare, it not unusual to face criminal charges for a snap violation. This will depend on the scope of the trafficking allegations. When so much is at stake, retaining a lawyer to help you defend yourself can have a huge impact on the outcome of your case.

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Legal Scenario: What Would You Do?

Scenario

You own a small grocery store that accepts EBT payments, and you just received a letter from the USDA Food and Nutrition Service stating that your store has been flagged by the ALERT system for unusual SNAP transaction patterns. The letter warns that your store faces permanent disqualification from the SNAP program based on alleged trafficking violations, even though you believe the irregular transactions were caused by a few employees acting without your knowledge.

Can the USDA really shut down my store's ability to accept SNAP benefits permanently, and is there anything I can do to fight this?

Attorney's Answer

Under 7 U.S.C. § 2021, the USDA has the authority to permanently disqualify stores found to be trafficking in SNAP benefits, and a first trafficking offense carries a mandatory permanent disqualification unless you can demonstrate that you had an effective compliance policy in place. However, you have the right to request an administrative review of the USDA's determination within 10 days of receiving the charge letter, and under 7 C.F.R. § 279, you can further appeal an adverse decision to federal district court. An experienced SNAP violation attorney can challenge the statistical evidence the ALERT system generated, argue for a civil money penalty in lieu of permanent disqualification under 7 U.S.C. § 2021(a)(3), and present evidence that you took reasonable steps to prevent employee misconduct. Time is critical in these cases because missing the administrative review deadline can result in losing your right to contest the disqualification entirely.

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

Civil Fine Penalty

The Federal Regulations Code authorizes the USDA to enforce a civil fine against any food stamp trafficking. The amount of civil fine will depend on the volume of EBT transactions, the gravity of the allegations against you, and the number of offenses you have violated as a business. The relief with a civil fine is that you can still continue to operate as a business. While your revenue will be affected, you can still keep your doors open. The USDA will enforce a civil fine if the store has a compliance program in place. In the absence of a compliance program, a business can face temporary or permanent disqualification.

Temporary Disqualification