SNAP Violation Charge Letters
A SNAP Violation Charge Letter from the USDA looks simple enough when you receive it from UPS. There are either specific allegations about a store visit, or a list of categories for “suspicious transactions” your store has run. In appearance, it isn’t much different from what other state agencies and departments send out. But in practice, it is a completely different process and mindset on the part of the USDA.
The USDA Wants to Shut Down Your Business
In 2013, the USDA conducted a study that indicated SNAP fraud was at a twenty year high. To fix this, the Department stepped up its fraud detection and prevention efforts in two areas. (1) an increase in undercover investigations and (2) an increase in utilization of the ALERT system. If you received a SNAP Violation charge letter with written transaction descriptions, then your store has been shopped by an undercover agent. If your SNAP Violation charge letter has just a list of transactions attached to it, then the Department utilized its ALERT system.
In either case, the USDA decided to adopt a “zero tolerance” policy and start permanently disqualifying as many stores as it could. Congress agreed with the Department’s approach. So by law, it required the USDA to crack down on SNAP violations. Accordingly, the Department is now out to disqualify and suspend as many stores as it can.
What Not to Tell the USDA
For purposes of this exercise, I will address SNAP Violation charge letters that set out a list of transactions and accuse your store of trafficking. The worst thing you can do is to immediately call the USDA. Though it is always good with state agencies to call the investigating agent to determine what’s going on, the USDA works differently. The case analysts (the person whose name and number you received in the SNAP Violation charge letter) is there to collect evidence against you. They tend to be very nice, professional people, but they will ask you questions and interpret things that you may say as admissions of guilt.
What Not to Do:
- There are no conversations “off the record.” Everything you tell them can/will be used against you. Typically, if you ask a program specialist to tell you what they’re looking for, they will ask you to write an explanation for the transactions and send it to them. They will also tell you to send them anything that you think might help them review your transactions. None of that information is particularly useful or instructive. Accordingly, reading through our website will give you more SNAP violation advice than a telephone call with the USDA.
- They will not negotiate with you. Unlike state agencies, the Department is not willing to reduce their charge to a fine or a warning. If they sent you a letter, they want to disqualify you. Though the SNAP Violation Charge Letter lists a Civil Money Penalty, the USDA typically issues fewer than ten of those per year. Instead, the USDA wants to disqualify your store.
- Do not acknowledge that anything wrong has happened at your store. There are a myriad of legitimate reasons why their data would indicate that there’s something wrong at your store when there are no violations present. Until you have the opportunity to consult with a SNAP violation attorney, or look through your own records, you can’t tell if the charges are accurate. The worst thing you can do is acknowledge an inaccurate SNAP Violation charge letter. Instead, read through our website to learn more about the different violation categories.
- Don’t accuse your employees of wrongdoing. This is not an area of law where telling the officer that it was someone else’s fault will work. The SNAP regulations are clear that even if your parking lot attendant commits trafficking, you (the owner) are still responsible. Additionally, there’s a decent chance that none of your employees have violated the rules. But explanations that you were not present in the store usually are used against you.
- Seek help in creating your response. Most responses that are done by the charged store are viewed skeptically by the USDA. In one case analysis I read, the analyst stated “of course the store would deny the charges in order to keep their EBT business.” There is a belief that your response contains doctored the information or is hiding something. Hiring a SNAP Violation professional can give you insight to avoid the pitfalls. If you value your EBT business, it’s worth more to pay to have the cases professionally defended. Otherwise, you run the risk of losing the case because of easy mistakes.
Suggestions for Your Response
Though we recommend hiring a professional, if you choose to represent yourself, here are some suggestions:
- You need to be a specific as possible. The program specialist who is reviewing your case has never been to your store. They don’t know your customers, or how they like to spend their money. The Department wants to know how you operate your store and what precautions you already have in place to prevent SNAP violations. Be sure to include as much information (and pictures) as you can in your reply.
- If the SNAP Violation charge letter accuses you of a violation, interview your employees. If it turns out that no one committed a violation, then tell the agency that.
- Don’t guess about the identity of households. If the USDA sent you a data-driven SNAP Violation charge letter, there will be a list of transactions. Don’t guess which household made which purchases. If you are 100% certain, then you can tell the agency. However, if you guess and are wrong the agency will assume you are lying or not credible.
- If you provide invoices for your inventory, include them for the Review Period. The review period is the date range of transactions that you see in the attachments. If you only provide a little bit here or there, then they will disregard all of them.
We Can Help You Respond
Our firm has been representing retail store owners since 2013 in cases involving SNAP violations. We have more experience than any other SNAP firm or attorney in the country, and offer affordable fees. If you have any questions, or would like a free consultation, we are available to speak to you whenever it may be convenient for you. The fastest way (7 days a week) to contact us is through our online intake form. You may also call us Monday through Friday at 1(833) SNAP-LAW.