Albuquerque SNAP Violation Attorneys.

The SNAP program is one of the oldest and most effective anti-poverty measures in the United States. The first forms of food assistance were brought into existence under Franklin Roosevelt's administration. But it wasn't until the mid-1960s, under Lyndon Johnson's War on Poverty initiatives that the modern nutritional assistance program began to take shape.

Today, the Supplemental Nutrition Assistance Program is the U.S. government's flagship anti-poverty program. It supplies more than 40 million Americans with the basic sustenance they need to survive. Many of the beneficiaries are the most disadvantaged children in the country. And the program has been widely lauded for its success in the almost total elimination of the worst forms of poverty from the United States.

But as such a popular and effective program, SNAP is vigorously defended by the agency charged with its management, the U.S. Department of Agriculture. Through its special enforcement arm, called the Food and Nutrition Service, each year, the FDA runs more than 15,000 investigations of stores that are flagged for possible irregularities relating to their transacting with EBT holders and other snap beneficiaries. This has resulted in more than 4,000 individual punitive actions being taken against store owners each year. In a typical year, up to 500 store owners are actually sent to prison for fraud relating to the nation's food stamp program.

With SNAP violations, a lack of intent may not be a sufficient defense

If you are a SNAP-eligible store owner and come under the scrutinous eye of the Food and Nutrition Service, the first thing that you should do is contact a lawyer who is experienced in the area of welfare fraud law. Because the investigation in to SNAP abuse are usually conducted by the FNS, which is a civilian agency, the area of welfare law can be a highly unique and complex area of legal practice.

If you come under suspicion by the USDA's Food and Nutritional Service of SNAP fraud or abuse, you will eventually receive a letter indicating what the nature of the alleged violations are. It is important to understand that this letter has the weight of law. You will have 10 days to contest the violations contained within the letter. If you do not follow the procedures exactly or allow the allotted time frame to lapse, you and your store will be effectively found guilty by default, and any relevant punitive actions will be taken against you. In almost all cases, this will result in a minimum of a temporary ban from participation in the SNAP program.

All too often, our lawyers see clients who have failed to react properly to the initial USDA letter accusing them of violations. These clients tend not to take the letter seriously, not realizing that it is a prelude to their exclusion from the SNAP program. Once the time to respond to any USDA allegations of SNAP abuse or fraud has elapsed, the only way to reverse the decision of the agency becomes judicial review, a costly and time-consuming process that can take years and has a spotty record of success.

This means that, should you fail to hire a competent lawyer immediately upon being accused of SNAP-related violations by the FDA, it is likely that your store will become excluded from the program. For most store owners, particularly those operating in urban environments, this is all but a death sentence for their business. Without the ability to accept any EBT transactions, many convenience and grocery store owners will be facing a loss of up to half of their business or more.

A good lawyer can make the difference

Our lawyers have the experience of hundreds of successfully handled SNAP abuse and fraud cases under their belts. While there is no guarantee of a favorable outcome in these cases, it is often possible to reduce the penalties to nothing more than a small fine. Most of our clients are able to continue operating as SNAP-eligible retailers, thus avoiding the most serious consequences to their businesses of an adverse determination by USDA inspectors.

If you find yourself the target of a USDA inquiry relating to SNAP violations, give us a call today. It may be the best business move you'll ever make.

Facing a SNAP charge letter or disqualification? Start with our full guide: USDA SNAP Violation Lawyers for Retail Stores, or call 212-300-5196 for an attorney, 24/7.