In either case, the USDA decided to adopt a “zero tolerance” policy <\/a>and start permanently disqualifying as many stores as it could.\u00a0 Congress agreed with the Department’s approach.\u00a0\u00a0So by law, it\u00a0required the USDA to crack down on SNAP violations.\u00a0 Accordingly, the Department is now out to disqualify and suspend as many stores as it can.<\/p>\r\n Although most store owners are not involved in the alleged violations that occur at their store, the USDA’s regulations often don’t consider the owner’s actions.\u00a0 As such, the “innocent store owner” is often disqualified simply because the USDA misunderstood their store’s operations, or because a clerk violated the rules.<\/p>\r\n Retailers receive a SNAP violation letter through UPS overnight mail.\u00a0 Each of these charge letters is generic.\u00a0 The details provided on the first page of the letter include what alleged violation occurred, and disqualification the United States Department of Agriculture is interested in pursuing.\u00a0 These SNAP violation charges include the following types of cases.\u00a0 Click on the title of each section to learn more about your alleged violation.<\/p>\r\n Trafficking is generally defined as an exchange of SNAP benefits for cash, drugs or weapons.\u00a0 Importantly, this category\u00a0does not include sale of ineligible items<\/strong><\/em>.\u00a0 Some attorneys that claim to practice SNAP law do not know the difference, but it is very important.\u00a0 There are three types of trafficking cases:<\/p>\r\n Although the USDA’s Charge Letter states that you can receive a Civil Money Penalty (CMP), less than half of one percent of stores are eligible.\u00a0 The most common result of a trafficking case is permanent disqualification.<\/p>\r\n<\/li>\r\n Indirect trafficking was defined by the USDA in June, 2021 during a number of investigations.\u00a0 This type of violation occurs where a SNAP household purchases groceries using their EBT card, and then sells it to a SNAP retailer for use in the retailer’s inventory<\/strong><\/em>.\u00a0 The Food and Nutrition Service’s memorandum suggests that purchases for personal use are not against the rules.<\/p>\r\n<\/li>\r\n This charge involves a store accepting SNAP benefits in exchange for ineligible items.\u00a0 Often, these ineligible items include plastic cups, spoons, forks, baggies and soap.\u00a0 More serious cases involve ineligible items like gasoline, alcohol or tobacco.\u00a0 A term disqualification is usually what the USDA seeks in these cases.\u00a0 For minor ineligible items, the Department usually seeks a six (6) month disqualification where the retailer cannot accept SNAP.\u00a0 More serious cases involve three-to-five (3-5) year disqualifications.<\/p>\r\n<\/li>\r\n A disqualification from the Supplemental Nutrition Assistance Program for Women, Infants and Children (also called WIC) often results in a SNAP disqualification.\u00a0 In these cases, the USDA will typically seek to disqualify your store either for three (3) years, or issue a permanent disqualification.<\/p>\r\n<\/li>\r\n<\/ul>\r\n For purposes of this exercise, I will address SNAP Violation charge letters that set out a list of transactions and accuse your store of SNAP trafficking<\/a>.\u00a0 The worst thing you can do is to immediately call the USDA.\u00a0 Though it is always good with state agencies to call the investigating agent to determine what’s going on, the USDA works differently.\u00a0<\/p>\r\n The program specialist (the person whose name and number you received in the SNAP Violation charge letter) is there to collect evidence against you.\u00a0 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. Their job is to find reasons to disqualify your firm for trafficking.<\/p>\r\n Accordingly, if you call FNS about the SNAP violation and blame an employee, the USDA will use that against you.\u00a0 Even if you indicate to FNS that you aren’t certain what happened, it’s likely the agency will make a note that you aren’t aware of the violations.\u00a0\u00a0<\/p>\r\n Finally, the program specialist is not going to only accept your response over the phone.\u00a0 Each specialist is told to ask you to put your response in writing and email it to them.\u00a0 They do this so that they can compare your statements and look for inconsistency.<\/p>\r\n It is typically our legal recommendation that you hire a professional to respond to the USDA’s letter.\u00a0 Store owners\/managers who represent themselves win only 5%-10% of the time.\u00a0 An experienced professional, like our attorneys at Metropolitan Law Group, can significantly increase your chances of success.\u00a0 If you choose to represent yourself, here are some suggestions:<\/p>\r\n Our firm has represented retail store owners since 2012 in cases involving SNAP violations.\u00a0 Our attorneys have practiced before United States District Courts, U.S. Circuit Courts, and before the U.S. Supreme Court.\u00a0 We have more experience than any other SNAP firm or attorney in the country, and offer affordable fees.\u00a0 If you receive a charge letter and have any questions, or would like a free consultation, we are available to speak to you whenever it may be convenient for you.\u00a0 The fastest way (7 days a week) to contact us is through our online intake form<\/a>.\u00a0<\/p>\r\n You may also call us anytime at\u00a0<\/p>\r\n 1(833) SNAP-LAW<\/a><\/p>\r\n <\/p>\r\nUnderstanding the SNAP Charge Letter<\/h2>\r\n
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Trafficking in SNAP Benefits<\/a><\/h3>\r\n
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Indirect Trafficking in SNAP Benefits<\/h3>\r\n
Sale of Ineligible Items<\/a><\/h3>\r\n
Reciprocal Disqualifications<\/h3>\r\n
![\"SNAP](\"https:\/\/usda.attorney\/wp-content\/uploads\/2019\/05\/87a4e7415cfa2636b1ebcfe42bb6ea6b.jpg\" "\\"Food")
<\/p>\r\nWhat Not to Tell the USDA<\/h2>\r\n
What Not to Do with Your SNAP Violation Charge Letter:<\/h2>\r\n
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Suggestions for Your Response<\/h2>\r\n
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We Can Help You Respond to a SNAP Violation Charge Letter<\/h2>\r\n
Request A Free Consultation<\/h5>\r\n\r\n