Frequently Asked Questions

What is a SNAP violation?
A SNAP violation occurs when the USDA's Food and Nutrition Administration (FNA) alleges that a retailer has broken program rules — most commonly trafficking benefits for cash, selling ineligible items in exchange for SNAP benefits, or other authorization violations. Retailers typically first learn of an alleged violation through a Charge Letter from the USDA.

What should I do if I receive a SNAP Charge Letter?
Don't respond to the USDA without first speaking to an attorney experienced in SNAP regulatory law. What you say in your response can be used against you, and there are strict deadlines — including a 10-day window to request a Civil Money Penalty in lieu of disqualification. Contact our firm immediately for a free consultation before submitting any response.

How does the USDA detect SNAP trafficking?
The Food and Nutrition Service uses computer algorithms (EBT transaction data analysis) to flag retailers with patterns that resemble trafficking, such as unusually large transactions or repeated transactions in round dollar amounts. These systems are often wrong, and many innocent retailers are flagged due to legitimate business patterns the software misreads.

What's the difference between trafficking and selling ineligible items?
Trafficking refers to exchanging SNAP benefits for cash or non-food items. Selling ineligible items means allowing SNAP benefits to be used for items the program doesn't cover, such as alcohol, tobacco, hot prepared food, or non-food household goods, without necessarily involving a cash exchange.

What is a SNAP Civil Money Penalty?
A Civil Money Penalty (CMP) is a fine the USDA may impose instead of disqualifying a retailer from the SNAP program. It's capped at $59,000 per violation and is calculated using your store's EBT transaction data.

How do I qualify for a Civil Money Penalty instead of disqualification?
The USDA generally requires retailers to demonstrate they had an effective compliance policy and program in place at the time of the alleged violation, and that ownership wasn't aware of the violations. You must typically apply for CMP consideration within 10 days of receiving your charging letter — missing this deadline can forfeit the option entirely.

Can the CMP amount be challenged?
Yes. The amount listed in your charging letter is calculated by USDA formula based on transaction data, but that calculation is technically subject to challenge if it's based on flawed or incomplete data.

What happens if I don't respond to a Charge Letter at all?
Failing to respond typically results in the USDA proceeding with whatever penalty it proposed in the charging letter, whether that's disqualification, suspension, or a Civil Money Penalty assessment — without further opportunity to present your defense at that stage.

What is an Administrative Review?
An Administrative Review is an internal USDA appeal process for retailers contesting application denials, suspensions, disqualifications, or Civil Money Penalty assessments. It does not involve a court, and the review is handled by the USDA's Administrative Review Branch.

What is a Judicial Appeal, and when is it necessary?
A Judicial Appeal is the last line of defense after the USDA's Administrative Review Branch has issued a final determination against you. It functions like a standard federal civil lawsuit, with the United States as the defendant, and includes pleading, discovery/motion, and trial phases.

How long does the appeals process take?
Timelines vary. Administrative Review decisions can take weeks to months. If a judicial appeal becomes necessary, the process follows standard federal civil litigation timelines, which can extend considerably longer depending on court schedules and case complexity.

Can I keep accepting SNAP/EBT payments while my case is being defended?
In many cases, yes. We've helped clients continue accepting EBT benefits while we contest the allegations against them, though this depends on the specific circumstances and stage of your case.

What types of stores can accept SNAP/EBT?
Convenience stores, grocery stores, farmer's market booths, organic grocers, and specialty food stores may all qualify to participate in SNAP, provided they meet USDA stocking and eligibility requirements.

What documents does the USDA require for a new SNAP retailer application?
Common requirements include personal tax returns, business licenses, lottery and liquor licenses (if applicable), bank records, and a personal affidavit. Requirements can vary depending on your business type and history.

Do you represent retailers outside of Florida?
Yes. We represent SNAP-authorized retailers nationwide, including in Florida, Georgia, Texas, California, Illinois, Pennsylvania, and New York, handling administrative cases as well as judicial appeals in U.S. District and Circuit Courts.

What does it cost to hire a SNAP violation attorney?
We offer fixed-fee pricing for SNAP Violation representation, so you know your costs upfront rather than facing open-ended hourly billing.

Do I need to travel to meet with your attorneys?
Most case preparation can be handled by phone, Zoom, Teams, or email, eliminating the need for cross-country travel. In some cases, we do travel to meet with clients directly — contact us for more information specific to your situation.

Do you handle anything besides SNAP/EBT violations?
Yes. In addition to SNAP and EBT regulatory matters, we also handle commercial transactions, corporate governance, start-up business matters, non-insured crop disaster claims, crop insurance claims, and National Appellate Division cases.