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FEDERAL PRACTICE / USDA SNAP VIOLATIONS / SNAP VIOLATION CHARGE LETTERS DEFENSE
4 MIN READ · REVIEWED BY TODD A. SPODEK
USDA SNAP VIOLATIONS · TOPIC GUIDE
RETAIL STORES · EBT / SNAP

SNAP Violation Charge Letters Defense 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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When a UPS truck stops in front of your business, you may assume the driver will be delivering a package. However, what may be put in your hands is a SNAP violations charge letter from the United States Department of Agriculture. Should this be the case, you need to get over your bewilderment immediately and contact defense lawyers who know how to handle these complex and potentially life-ruining cases. If you fail to take immediate action or think instead you can handle the USDA on your own terms, the results will be disastrous.

How Does the USDA Determine SNAP Violations?

Once you begin reading your SNAP violations charge letter, it won't take very long to find out how the agency determined you have committed illegal acts. In most cases, your letter will state the USDA made visits to your store during an undercover operation and found you or your employees were guilty of exchanging cash for SNAP benefits. In other situations, the agency may state it has examined your store's records and found what it calls "suspicious transactions" took place at your store. In either case, it is very clear the USDA has its sights set on you and your business. To begin building a strong legal defense for your case, consult with and hire experienced SNAP violation charge letters defense lawyers at once.

Shutting Down Your Business

Make no mistake about it, the USDA has a zero-tolerance policy regarding SNAP violations and likely won't be satisfied until it shuts down your business for good. Since the USDA has Congress on its side regarding this issue, crackdowns in recent years have been hard and swift. Because of this, never expect to have your case be negotiated so that the allegations against you are reduced or dropped. Instead, you will need knowledgeable attorneys on your side who know from the outset the goal of the USDA.

Know What's In Your Letter

While your SNAP violation charges letter will look generic in nature, you will need to understand what it contains. For example, it will go into detail regarding the alleged violations that took place at your business. The most serious allegation is trafficking, meaning the USDA is accusing you of exchanging SNAP benefits for cash or even weapons or drugs. If you are found to be guilty of trafficking, the result will be a permanent disqualification levied on you and your business by the USDA, a penalty that may follow you for decades to come.

If you are not accused of trafficking, you may instead by accused of accepting SNAP benefits in exchange for items that are not eligible for purchase under this program. Generally, this includes items such as plastic utensils, soaps, and other similar items. While you may not think these accusations are serious, don't assume the USDA will be more lenient with you once your case starts to move forward. To position yourself to emerge from this situation successfully, show your charge letter to a skilled SNAP violations attorney who can examine it in more detail and discuss the various ways to navigate this complex process from start to finish.

Say Little to the USDA

Once you are charged with SNAP violations, you probably think USDA investigators will be less than polite to you. However, case analysts with the USDA may in fact contact you and be quite polite. While you may think this is a good sign, it is anything but that. During these polite conversations, the USDA analyst will begin asking you questions about what happened. Once this starts, saying the wrong thing could spell doom for any chances you have of emerging from this legal nightmare with your business and reputation as they were prior to the allegations. By saying the wrong thing, the USDA may be able to interpret your words as if you have admitted wrongdoing. Rather than let this happen, talk to a SNAP violations defense attorney immediately upon receipt of your letter.

No Off the Record Conversations

If you are tempted to speak to the USDA, always be aware there are no off the record conversations in these matters. As a result, you must always be aware of what you say and do once you receive your charge letter. Just like in criminal cases, anything you say can and will be used against you in a court of law, so always keep this in mind. Also, don't think it will help your case if you decide to push the blame for the alleged violations onto your employees. Under USDA rules, even if one of your employees did in fact commit SNAP violations, you are still held responsible as the store's owner or manager.

Be Specific in Your Response

When it comes time for you to respond to the charge letter, you must try to be as specific as possible. However, if you do not know certain facts about various transactions or other related matters, never try to simply guess who or what was involved in the situation in question. Instead, make sure you carefully research your records, interview your employees, and discuss your situation with your attorney. If you fail to heed this advice, you will only make your situation worse. By making key mistakes in your response, it will be much easier for the USDA to shut down your business, ruin your ability to get future personal and business loans, and severely damage your personal and professional reputation.

Once the USDA charge letter is in your possession, decide to fight aggressively from day one. To do so, schedule a meeting with a SNAP violation charges letter defense lawyer to learn how you can overcome the efforts of the federal government.

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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Spodek Law Group has defended people and businesses against the federal government since 1976. SNAP retailer matters are handled the way the firm handles every federal case: the evidence gets read before anything is filed, deadlines get calendared on day one, and clients deal with counsel - not a call center.

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