What Happens if My Store is Charged with SNAP Trafficking?

What Happens if My Store is Charged with SNAP Trafficking?

If your business is accused of SNAP trafficking, it can lead to serious penalties including permanent disqualification, big fines, and even criminal prosecution. This is not something to take lightly, so you gotta understand what happens if your store gets charged.

In this article, I’ll break down the trafficking investigation process, penalties your store could face, how lawyers defend against allegations, and ways to protect your business. Getting accused don’t mean you’re guilty, but you gotta respond the right way.

The Trafficking Investigation Process

If investigators suspect your store of trafficking, here’s generally how it goes down:

1. They run analytics on your SNAP transaction data looking for red flags
2. Undercover agents attempt illegal transactions to try to catch you
3. Surveillance like security cameras may be used to observe transactions
4. Transactions are monitored in real-time for suspicious patterns
5. Investigators interview staff and customers as witnesses
6. You receive a charging letter if evidence of trafficking is found

This sneaky investigation means you may not even realize you’re being targeted until charges come down.

Penalties for SNAP Trafficking

If your store is found guilty of trafficking, penalties can include:

• 1st offense – $15,000 fine and 1 year disqualification
• 2nd offense – $30,000 fine and 3 year disqualification
• 3rd offense – $60,000 fine and permanent disqualification
• Trafficking ineligible items like guns or drugs also leads to permanent disqualification

These penalties can crush a business. A permanent SNAP ban is basically a death sentence for many stores.

Fighting SNAP Trafficking Charges

Don’t panic if your store is accused. Experienced lawyers can fight the charges:

• Contesting if the investigation followed proper procedures
• Disputing if the evidence truly proves trafficking occurred
• Arguing rogue employees acted without management’s knowledge
• Filing appeals to overturn disqualification decisions

With an expert lawyer, you stand the best chance of defeating allegations or reducing penalties.

Avoiding Permanent SNAP Loss

To avoid lifetime SNAP disqualification:

• Never exchange benefits for cash, drugs, weapons, etc.
• Immediately address any suspected trafficking
• Cooperate fully with investigators
• Consult an experienced lawyer at first sign of trouble

Permanent disqualification is difficult to reverse. Be proactive in stopping violations.

Responding to Trafficking Charges

If your store is accused of trafficking, here are some tips:

• Remain calm and don’t get defensive
• Be cooperative with investigators to show you’ve got nothing to hide
• Politely ask for details on the allegations and evidence
• Consult an experienced SNAP attorney immediately
• Follow your lawyer’s advice in responding

Having an expert lawyer gives you the best shot at defending against allegations.

How Lawyers Defend Against Allegations

Skilled SNAP attorneys fight charges by:

• Contesting if the investigation followed proper procedures
• Disputing if the evidence truly proves trafficking intent
• Arguing rogue employees acted without management consent
• Filing appeals and requesting hearings
• Negotiating lower fines or shorter disqualification periods

Their advocacy can get charges dismissed or significantly reduced.

Avoiding Employee Trafficking

Here are some ways to prevent employee trafficking:

• Screen new hires for any red flags
• Train staff regularly on SNAP policies
• Require multiple approvals for high-risk SNAP sales
• Monitor inventory levels to catch unauthorized purchases
• Watch for suspicious transaction patterns

Oversight and accountability deters employee trafficking schemes.

Maintaining SNAP Compliance

Here are some tips for staying compliant with SNAP rules:

• Regularly review FNS retailer requirements
• Document all employee training on SNAP policies
• Conduct self-audits of inventory, transactions, etc.
• Address any non-compliance issues immediately
• Cooperate fully if you receive a compliance visit

Staying current and accountable shows you take SNAP seriously.

SNAP Trafficking Horror Stories

Think it won’t happen to you? Check out these real-life cases:

Joe’s Corner Store

Joe’s cashiers were caught exchanging SNAP for cigarettes. The store lost SNAP for 2 years and paid a $25,000 fine. Joe almost went bankrupt.

Yang’s Grocery

An employee trafficked benefits without Yang’s knowledge. The store was permanently banned from SNAP and Yang was forced to close.

A&A Market

A&A was busted buying food stamp benefits to stock inventory. The owner pled guilty to federal charges. A&A went out of business.

As you can see, trafficking can easily destroy a store. Protect yourself.

Getting Legal Help

If your business is accused of SNAP trafficking, consult an experienced lawyer immediately. Here’s how they can help:

• Advise you on responding to avoid self-incrimination
• Review if the investigation was done properly
• Determine if evidence proves intent to violate rules
• Defend against allegations and appeal disqualifications

An attorney can protect your business interests from the very start.

Avoiding Trafficking Violations

Here are some best practices to safeguard your business:

• Train employees on SNAP rules and how to spot trafficking
• Have clear policies forbidding unauthorized use of benefits
• Conduct self-audits of inventory and transactions
• Monitor and approve high-risk SNAP sales
• Report suspicious customer activity to SNAP fraud hotline

Documenting compliance efforts strengthens your defense if accused.

The Disqualification Appeals Process

If your business is disqualified from SNAP, you can appeal. Here is the process:

1. File a written request for an administrative review within 10 days of the notice.
2. Present evidence and arguments showing the disqualification was unwarranted.
3. Receive a Final Agency Decision from the reviewing officer.
4. If disqualification is upheld, request a judicial review within 30 days.
5. A judge reviews evidence and arguments from both sides.
6. The judge can reverse, reduce, or uphold the disqualification.

Having an experienced SNAP attorney handle the appeals significantly increases your chances of success.

Avoiding Criminal Prosecution

To avoid criminal charges, never:

• Intentionally traffic benefits
• Exchange benefits for cash, drugs, weapons, etc.
• Falsify your FNS application
• Purchase benefits from recipients
• Intimidate, coerce, or entice customers into trafficking

If accused, an attorney can argue you lacked criminal intent.

SNAP Trafficking Penalties

If found guilty of trafficking, your store will face:

• 1st offense – $15,000 fine and 1 year disqualification
• 2nd offense – $30,000 fine and 3 year disqualification
• 3rd offense – $60,000 fine and permanent disqualification

Plus possible criminal prosecution. The penalties are severe.

Proving Your Innocence

To prove your innocence, your lawyer can:

• Show the investigation did not follow proper procedures
• Challenge if the evidence conclusively proves trafficking
• Provide records of compliance training and oversight
• Argue rogue employees acted without your knowledge
• Demonstrate corrective action taken

With an aggressive defense, charges can potentially be defeated or reduced.

Conclusion

SNAP trafficking allegations against your business can have devastating consequences. But an experienced lawyer can defend your store against the charges. Protect your livelihood by proactively preventing violations and partnering with a skilled attorney if accused.