SNAP Violation Defense Lawyers

Any retailer that accepts EBT payments for the SNAP program is at risk of eventually receiving a SNAP violation letter. If there are any transactions the United States Department of Agriculture or USDA sees as being fraudulent, the letter will come and show hundreds or thousands of transactions.

Understanding SNAP Violations

Although each state has its own SNAP program, the program itself is run by the federal government. SNAP itself is overseen and enforced by the USDA and Food and Nutrition Service or FNS.

Possible SNAP Violations

Consequences of SNAP Disqualification

Every person in this country should be able to get enough food to eat every single day. State and federal programs ensure that Americans are able to eat.

Handling a SNAP Violation Letter

Retailers who are part of the SNAP program but found to be in violation of it will get a SNAP violation letter. This letter is given by the USDA when a business is deemed to have violated the rules and laws of the program.

What to Do After You’re Accused

Consulting An Attorney For A SNAP Violation Defense

Back in 2013, the United States Congress had received a report that detailed the dramatic increase in violations to the SNAP program. Congress decided to act on this report, thereby mandating a crackdown on certain stores that were found to be in violation. The next year, Congress had created a mandate in which stores needed to use an alert system to disqualify and suspend thousands of SNAP participating stores who were found to be in violation. Sadly, even certain stores that were only guilty of minor violations were treated like they were major violators. Businesses that accept payments from EBT cards, electronic benefits transfer, the snap program or WIC have been found to be falling into non-compliance risk. Because of this, many stores were led to having losses in their gross sales and were not able to recover.

Importance of Legal Representation

Whether your business is facing a major violation or minor one, it’s in your best interest to get help from an experienced SNAP violation lawyer. Small grocers and convenience stores rely heavily on the money made from these types of transactions to stay in business. Therefore, it is crucial for many of these businesses to seek out legal representation for help with their violation charges. In order to appreciate the need for an experienced violation lawyer, businesses need to know full well what the penalties are for being charged with a snap violation.

Snap Violation Penalties

The U.S. Department of Agriculture is able to give the following snap penalties:

• Civil fines
• Temporary disqualification from the snap program
• Permanent disqualification from the snap program

Each of these penalties were designed to affect a business’ ability to conduct business. Both temporary and permanent disqualifications from the snap program can have a long-term impact on a business’ revenue. For stores to receive a civil fine, it could mean having to part with thousands of dollars in your revenue budget. For some store, this could mean having to close, especially small convenience stores and grocery stores. It is rare for snap violators to face criminal charges. However, it will ultimately depend on the scope of your trafficking snap violation allegations. There is so much at stake that retaining an attorney for help in defending yourself against the violations can have a huge impact on how your case turns out.

Civil Fine Penalty

For some SNAP violators, the Government’s Federal Regulations code can authorize the USDA to impose a civil fine against food stamp trafficking. The amount of the fine will depend solely on the volume of the transactions, the severity of the allegations against your business and how many offenses you have violated within your business.

Temporary Disqualification

Even with temporary disqualifications, it can be very damaging to a business. The severity of the damage will depend on your business’ cash status and how long the disqualification will last. The USDA can issue temporary disqualifications that range from around six months to five years.

Permanent Disqualification

For a lot of businesses, a permanent disqualification could mean the end of business. Store owners and retailers get a lot of their revenue from snap customers. In some cases, EBT customers can account for more than 70 percent of total customers.

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

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.

NY Bar Admitted Multi-State Licensed Federal Courts

Meet the Full Team

There are many circumstances in offenses which may lead to a business getting permanently disqualified:

Legal Scenario: What Would You Do?

Scenario

You own a small grocery store that accepts EBT payments, and you just received a USDA charge letter alleging over 800 suspicious transactions, including repeated same-dollar amounts and rapid successive swipes that the agency claims indicate trafficking. The letter states your store faces permanent disqualification from the SNAP program, which would effectively shut down your business since EBT sales account for nearly 60% of your revenue.

Can I fight the USDA's decision to permanently disqualify my store from the SNAP program, and what are my options if I lose the administrative appeal?

Attorney's Answer

Under 7 U.S.C. § 2021, you have the right to request an administrative review within 10 days of receiving the charge letter, during which you can present evidence that the flagged transactions were legitimate purchases rather than trafficking activity. We can challenge the USDA's reliance on pattern-based algorithms by presenting transaction records, inventory documentation, and customer affidavits that explain the suspicious patterns. If the administrative review upholds the disqualification, 7 U.S.C. § 2023 allows you to file a de novo judicial review in federal district court within 30 days, where the court examines the evidence independently rather than deferring to the USDA's findings. In some cases, we can also negotiate a civil money penalty under 7 CFR § 278.6 in lieu of permanent disqualification, allowing your store to continue participating in SNAP while paying a financial penalty.

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

• Yourself or your workers knowingly engage in snap trafficking. This is defined as buying, selling, stealing or exchanging the snap benefits. The exchange may be done in the form of favors, cash or other ineligible items.
• You or your workers knowingly submit false information to the EBT program during an application process or other instances when you are supposed to provide valid information.

How To Prevent Snap Violations

It is evident to see that many smaller grocery stores and shops can lose a lot after receiving a snap violation. Because of this, it is crucial that stores remain compliant and continually take active measures in order to prevent these violations from occurring. There are some practices that can be followed in order to help remain on the right side of the law where the snap program is concerned. You can remain in compliance by following the program’s written guidelines, participating in training courses and keeping your store organized. If you find your business is facing a snap violation charge, you should consult a lawyer.

Having a full understanding of snap violation fraud can help a business avoid violations which could result in a loss of profit. To ensure your business has a future, consult with a SNAP violation lawyer today.

SNAP Violation Letters and Response Requirements