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

SNAP Violation Charge Letters.

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

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Owning or managing a grocery store means taking on many roles. One of the most important things that any grocery store owner will do during their work is deciding on the kinds of payments they choose to accept. There are many forms of payments that the grocery store owner or manager might decide are acceptable. One of the most common is SNAP. Snap is a program administered by the government. It is designed to ensure that no one goes hungry in the United States. While the Supplemental Nutrition Assistance Program is widely used in many communities, it has some drawbacks. Retailers who choose to accept SNAP payments are governed by a vast web of complicated laws. These laws must be followed. If they are not, the results can mean disqualification from the ability to accept payments as well as very serious fines.

A Violation

Those retailers who choose to work with the SNAP program do so on a voluntary basis. They also agree to enforce the rules governing SNAP usage. In general, program participants are not allowed to buy certain things. That includes items deemed non foodstuffs such as paper products and toiletries. SNAP payments may not be used to buy other items such as guns and cigarettes. A recipient must also agree not to swap their funds for actual cash. The retailer must comply with the onsite enforcement of these regulations. If they do not, the federal government may take action.

If federal government officials believe a retailer is in violation of SNAP requirements, they will begin the process of letting the retailer know this via what is known as a SNAP violation charge letter. The charge is a formal document indicating the government believes there is a problem. The letter is sent to the retailer via UPS overnight mail. This process is one that is intended to make sure the retailer has received the letter.

While each violation charge letter is different, in general they follow a certain general form. The first page is a summary of the alleged violations. The pages following the cover letter go into the allegations of fraud in greater detail. Each line will indication when the violations happens, the amount of the misuse and the type of violation. Retailers should examine the letter in great detail.

A standard letter will include the types of violations that are alleged to have occurred at the store. It's important to understand what each allegation means. For example, if the retailer is accused of having trafficked in food stamps, this means a very specific charge is being made. In general, this means the retailer is alleged to have taken cash or drugs in return for food stamps. This a very serious allegation. If the retailer is found guilty of this kind of violation, they can be barred from accepting SNAP payments forever.

Another common type of allegation is letting recipients pay for things that are not allowed under the terms of the program. For example, recipients are not allowed to buy tobacco with food stamps. Other products such as gasoline or soap also don't meet the criteria. Retailers who are alleged to have sold these products in turn for food stamp are considered to have violated the terms of the sales agreement. In general, this can lead to a short three to six month disqualification from the program. More serious violations can lead to disqualification from the ability to accept SNAP payments for a period of up to five years.

Retailers who are disqualified from other kinds of similar programs such as WIC or Women, Infants and Children may also be disqualified from participating in SNAP payments. The same is true of a disqualification from the SNAP program. Federal government officials look in askance on such violations. The presumption is that a retailer who is violating one program is typically violating more than one program at the same time. Penalties vary but they can range from months to years and even to permanent disbarment from any type of food assistance program.

Serious Consequences

All those who work in retail should take this kind of letter very seriously. It is important to understand that the retailer only ten days to respond to this letter. It is also important to keep in mind that the charge letter is merely a formality. The letter is intended to let the retailer know federal government officials have a case against the retailer. They have evidence as indicated by the letter. The retailer will be charged unless they respond. Failure to respond to the letter can mean officials will simply automatically disqualify the retailer from accepting these payments at all.

This is why it is imperative to get in touch with a lawyer as soon as possible. A lawyer can help them sort through these charges and figure out a defense. For example, the lawyer can help the determine what type of defense they have against the allegations in the letter. That means stepping up and examining information in the store in great detail.

A store owner may easily have issues that go overlooked. A store employee might make a mistake by accident. They might assume certain goods are eligible for purchase when they are not or agree to give the person cash in return for food stamps. The store owner may not understand certain policies because they have charged recently. Anyone who works in retail must have legal advice at their side during this process. The lawyer can explain what issues have arisen and what they can to do to respond to them. Doing so as soon as possible is the best course of action in this case

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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