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SNAP benefits are a major source of income for many business owners, and a charging letter in the mail accusing your business of wrongdoing can be a devastating situation. Once a business owner receives a SNAP charging letter outlining what your business is accused of doing in violation of SNAP benefits laws, you have to respond. It’s best to keep your response neutral and avoid admitting to anything that might even point to a shred of guilt. Never accuse your employees of making mistakes, never admit you believe there could have been a mistake at your business, and always tell the USDA their information is incorrect.
Never speak to the USDA or respond to a SNAP charging letter without first consulting with your attorney. If you don’t respond correctly, your business could be shut down or your SNAP benefits could be taken from you. If you can’t accept SNAP benefits anymore, your bottom line is seriously affected. You must know how to handle a situation such as this, and you must know what you should do when SNAP charging letters come your way so you see dismissal of any trafficking charges.
SNAP Trafficking Charges
If the USDA feels anything wrong has occurred in your place of business, you could be accused of trafficking SNAP benefits. This typically occurs when a business owner is allowing people to use their SNAP benefits for incorrect purposes. It could be a simple as allowing people using their SNAP benefits to purchase alcohol or other items that aren’t covered under their benefits, or it might be something as serious as allowing customers to sell you their SNAP benefits for a discounted cash price so they can buy whatever they want. It might even be a simple mistake someone else made or that was recorded in the USDA’s information.
If you get a charging letter, you must respond to it. You must do this through your attorney if you want to cover yourself and be sure nothing inappropriate is said that might just further incriminate you or your business. If you are found guilty of SNAP trafficking charges, you will lose your ability to accept SNAP benefits, you might have your business shut down, and you might even face jail time and other penalties.
Your response is important. It’s the first step in the dismissal process. Once your response is received, you are able to go through the administrative appeal process. This is when you receive paperwork from the USDA outlining how they’ve decided to proceed. If they decide to go forward with their case, your attorney is going to file a motion to appeal so you can have an administrative hearing.
If the administrative appeal doesn’t work and the USDA decides they are not overturning their decision, your attorney is going to file a motion for a judicial appeal to take it to the next level. This occurs in a Federal Court. It’s this part of the process that matters most when things get this far. This is when the federal judge in your district takes a look at your paperwork and works to come up with an answer.
The if the judge is on your side when you get this far, you will find you are given a dismissal of SNAP trafficking charges. Your business will continue to accept SNAP benefits, your business will not be fined or in trouble, and you can move on with your life.
You must call an attorney if you are looking to get a dismissal of SNAP trafficking charges. An attorney knows what to say, how to file the appropriate paperwork, and how to ensure that your rights are always met in this process. Even one misstep can cause you to lose your business, which is why it’s so important you hire an experienced attorney to work with you in this situation.
The Supplemental Nutrition Assistance Program (SNAP) provides eligible individuals with food benefits every month. The benefits are issued on an Electronic Benefits Transfer card. The United States Department of Agriculture Food & Nutrition Service Agency regulates SNAP.
The USDA’s Food and Nutrition Service Agency defines EBT trafficking as
According to the USDA, SNAP trafficking can be violated directly or indirectly. SNAP trafficking is one of the more common SNAP violations among retailers and can lead to serious penalties that could include
Permanent Disqualification From SNAP
Permanent disqualification could be sanctioned from SNAP if the retailer
Temporary Disqualification From SNAP
Temporary disqualification of 5 years will be sanctioned if it’s a retailer’s first violation. Furthermore, a temporary disqualification will be issued if the retailer was previously warned that SNAP violations were taking place and evidence shows
A retailer may be disqualified from participating in SNAP for 3 years if evidence shows
A retailer may be disqualified for one year if evidence shows
If it’s a retailer’s first sanction, and evidence shows that employees were unaware they committed violations, it will disqualify the retailer for 6 months.
Monetary Penalties
If a retailer has been sanctioned with a SNAP violation that mandates disqualification, a monetary penalty may enforced in place of the disqualification if it would cause a hardship on SNAP participants in the area. This typically occurs when the retailer is the only one in the area that sells a wide range of eligible food items.
If a retailer is facing EBT trafficking charges, they will receive a charge letter. UPS delivers the letter. There are three ways a retailer can get charged with EBT trafficking. The most common is an EBT case.
If a retailer receives a charge letter, it will provide an analysis of any records or patterns that indicate the retailer is trafficking. All transactions and the dates that they occurred will be listed in the letter. A charge letter also states that permanent disqualification from the Supplemental Nutrition Assistance Program could occur if it’s determined that the retailer committed trafficking. The letter will also have attached exhibits involving each transaction.
The second type of charge letter is sent by the Retailer Investigations Branch. With these cases, a USDA agent secretly shops in the store to collect evidence of violations. These charge letters are accompanied by affidavits and have more details than EBT case charge letters.
The third charge letter involves the Office of Inspector General. These cases typically involve undercover investigations, such as Retailer Investigations Branch cases, but cases that involve the Office of the Inspector General usually involve criminal charges. In many cases, undercover agents for the Office of the Inspector General are trying to find SNAP trafficking rings, and these investigations usually involve multiple retailers.
A charge letter will state that an accused retailer has the right to legal representation in response to the allegations. In addition, the letter explains that the preliminary determination isn’t permanent. If a retailer show evidence that supports their innocence, the determination can be overturned. The USDA requires that retailers who are accused of SNAP trafficking submit a response to the USDA within 10 days of receiving the letter.
If you’ve received a SNAP charge letter, it’s vital to seek legal advice from an experienced SNAP violation attorney. The charge letter will arrive without warning, and you must submit a response within a timeframe. If you have a skilled SNAP trafficking attorney at your side, it can help you keep your EBT license and avoid monetary penalties.
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