New York Grocery Store SNAP Violation Lawyers
What is SNAP?
SNAP (Supplemental Nutrition Assistance Program) is meant to help the underprivileged, disabled and elderly in society. The food subsidy lends a hand to low-income earners to ensure they have a balanced diet.
The USDA dedicates an entire department of over a hundred employees to enforce their rules and regulations concerning the subsidy. These employees carry out investigative and undercover work to unearth retail store and individuals who are participating in SNAP fraud. They are then charged through a letter called a SNAP violation letter. This letter usually gives a list of all the violations committed and sometimes summons the store or person to court for a disqualification hearing. This is just one of the few penalties that SNAP fraud convicts get.
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(212) 300-5196The EBT Card and Eligible Purchases
On successful application, a person is usually given an EBT Card (Electronic Benefit Transfer Card). They can use this card to purchase specific items that contribute positively to their nutrition. Items such as alcohol, supplements, and cigarettes are not eligible for purchase by the card.
Todd Spodek
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Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
You own a small grocery store in Brooklyn that accepts EBT cards, and you just received a letter from the USDA Food and Nutrition Service stating that your store is being charged with SNAP trafficking based on unusual transaction patterns they identified during an investigation. The letter says your store faces permanent disqualification from the SNAP program and a monetary penalty of over $60,000.
Can I fight the USDA's decision to disqualify my store from SNAP, and what are my options to keep my business running?
Under 7 U.S.C. § 2021, you have the right to request an administrative review of the USDA's charges within 10 days of receiving the charge letter, and it is critical that you respond before that deadline passes. We can challenge the evidence the USDA relies on, which often consists of EFT transaction data showing suspicious patterns like repetitive even-dollar amounts or transactions that exceed your store's expected inventory levels. If the administrative review is unsuccessful, you have 30 days to file a judicial review in federal district court under 7 U.S.C. § 2023, where the court will conduct a de novo trial and we can present evidence that the flagged transactions have legitimate explanations. In some cases, we can negotiate a civil monetary penalty under 7 CFR § 278.6 instead of permanent disqualification, allowing your store to continue participating in the SNAP program.
This is general information only. Contact us for advice specific to your situation.
What is SNAP Fraud?
SNAP Fraud is the act of misusing the EBT or the license given to SNAP retail stores. It can happen on the side of the store or the individual. In some cases the two work together to commit this fraud.
