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FEDERAL PRACTICE / USDA SNAP VIOLATIONS / SNAP RETAIL FOOD STAMP TRAFFICKING
4 MIN READ · REVIEWED BY TODD A. SPODEK
USDA SNAP VIOLATIONS · TOPIC GUIDE
RETAIL STORES · EBT / SNAP

SNAP Retail Food Stamp Trafficking Lawyers.

Part of the USDA SNAP violation defense library for retail store owners - charge letters, disqualification, civil money penalties, and appeals.

Todd A. Spodek
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Food stamps are one of the most widely used forms of American governmental assistance. Each month, recipients are given access to a certain amount of money to spend on food based on factors that include their household size and income. Grocery store managers and owners are given the right to participate in this program in order to allow them to buy items. Managers and owners can formally apply to accept this form of payment. In doing so, they agree to abide by certain laws. These laws are designed to prevent abuse and make sure the food stamps are being used as intended by the program. That means that each store owner or manager is aware the regulations governing their use. It also means they are in charge of making sure that all necessary laws are enforced in their store when it comes to using food stamps.

Trafficking Laws

Many people need to know about the laws governing their use. This includes store owners, employees and those who get food stamps. A store owner and the recipient of food stamps can be charged with a legal violation known as trafficking. In general, this means that the recipient chose to accept money for the stamps. Trafficking is a very serious charge. Food stamp recipients or stores that accept food stamps may be in danger of losing access to this program if they are found guilty of this charge. They may also face other charges including potentially serious fines and the need to pay back the funds given.

An individual may be accused of trafficking under certain circumstances. For example, if they allowed another person to use their food stamps who is not legally authorized to do so, this can result in charges against them. Someone who uses another person's food stamp card can also be charged with a violation of the laws governing their use. That can create penalties for the original owner of the food stamps. It can also create problems for the user who may be barred from ever applying for the program or have their own food stamps allotment cut to compensate.

Another issue is when someone trades their food stamps for cash or for something they are not allowed to purchase under the terms of the program. For example, food stamps do not cover toiletries. People are not allowed to use them to buy items like toilet paper even if they need such items. A person who tries to buy these items can be charged with fraud. A person who sells their food stamps for cash can also be charged with trafficking. For example, a user may have a hundred dollars in food stamps. They agree to and over the stamps in return for sixty dollars. That is not allowed under the terms of use.

Business Rules

All business owners who agree to accept food stamps should realize they are in charge of enforcing all necessary regulations. The federal government requires them to make sure that rules are followed to the letter. This means that each employee needs to know what is acceptable and what constitutes fraud. Every single grocery store owner, manager and user must be on top of the requirements even if they change. For example, the laws governing issues such as prepared or frozen food may be in flux. It is up to the user and the store manager as well as their employees to know the extent of such laws, what they mean in practice and make sure no one is using them to buy food or products not allowed under the terms of use.

Government officials will examine the data and see if there are any irregularities. Food stamp data is widely available and often heavily scrutinized. If a grocery store owner is suspected of this form of misuse, a letter indicting this problem will arrive in the mail. This letter will have a detailed list of any allegations including that of food stamp trafficking. There may be other issues also addressed in this letter. It is important to examine it. It is also important to respond to the letter quickly. Food stamp trafficking is a serious issue. If you are found guilty, you may no longer be allowed to accept food stamps for a period of time of up to five years. You may also be forced out of the program entirely. The recipient will only have ten days in which to respond to the allegations in the letter.

The letter is an indication that officials have opened up an investigation into what is known as a store’s redemption data. This is data that is compiled over time as you store accepts food stamp payments. The data is automatically sent to the government for further examination. It's important to understand officials are sending out a serious allegation. They believe they have enough to charge the recipient with a serious violation. Trafficking is not allowed. Even if the store owner was not at the site at the time of the allegations, this does not exempt them from being held responsible for any possible accusations of food stamp trafficking.

Your Best Defense

Anyone who is being accused of engaging in food stamp trafficking will need to have a lawyer on their side as soon as possible. Effective food stamp trafficking lawyers can help anyone respond to these allegations in a timely manner. They can also help them come up with a defense that can avoid potentially serious long term consequences. A good lawyer understand the law and how to create a valid defense. They can speak with employees and conduct other investigations that can reveal useful information.

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.

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