{"id":544,"date":"2020-04-07T01:08:51","date_gmt":"2020-04-07T05:08:51","guid":{"rendered":"https:\/\/7c1844e6df.nxcli.net\/?p=313"},"modified":"2020-04-09T19:38:39","modified_gmt":"2020-04-09T23:38:39","slug":"snap-violation-guide-trafficking","status":"publish","type":"post","link":"https:\/\/usda.attorney\/understanding-snap\/snap-violation-guide-trafficking\/","title":{"rendered":"SNAP Violation: Retailer’s Response Guide to Trafficking"},"content":{"rendered":"

SNAP Violation: Retailer Response Guide to Trafficking<\/span><\/h1>\n

\"SNAPSo, you have a SNAP Violation Charge Letter, and hopefully you’ve read Part 1<\/a> of this guide.\u00a0 Now that you understand what the USDA is accusing you of, and what they’re using to accuse you, it’s time to figure out your response.<\/p>\n

You have a 10% chance to win an electronic benefits transfer case like this on your own.\u00a0 That win percentage is what the Department has testified to under oath.\u00a0 \u00a0Such a low success rate is scary, but true in our experience.<\/p>\n

We have a number of stores that call us after they tried to respond to the Charge Letter on their own.\u00a0 By that point, their store has been permanently disqualified and lost its EBT machine.\u00a0 When we are retained late, it is very difficult to figure out where the response went wrong.<\/p>\n

But, there is hope.\u00a0 We win cases with all types of stores, and all types of\u00a0 program violation allegations.\u00a0 Our success is because we have a decade of experience with retail food store SNAP violation responses.\u00a0 Our process and our topics are targeted to what each Section Chief wants.<\/p>\n

The documents we provide are what each Program Specialist tells us they like to see.\u00a0 The analysis that we send to the USDA contains the factors they must consider. This guide will give you an idea of how we represent our authorized retailers, and avoid monetary penalties that FNS may impose.<\/p>\n

What a SNAP Violation Response Should Have<\/span><\/h2>\n

\"SNAP<\/p>\n

When we prepare a Supplemental Nutrition Assistance Program or SNAP violation response, we’re look to do two things: (1) we want to identify the Department’s confusion and questions about your store; and (2) answer the questions the Department doesn’t know it has.<\/p>\n

This is more difficult than it should be.\u00a0 Unfortunately the Charge Letter doesn’t give you much information to respond to.\u00a0 But, based upon the patterns, you can tell where the Department’s biggest concerns are with your store.<\/p>\n

In cases with EBT transactions, there are two areas of concern that we always address.\u00a0 The first is: how does your store handle the transactions that were contained in the SNAP violation Charge Letter?\u00a0 The second is: what does your store’s inventory look like?\u00a0 Though these considerations aren’t set out in the regulations<\/a>, they are important to your SNAP violation case.<\/p>\n

Without an explanation for them, the USDA is likely to issue a permanent disqualification.<\/p>\n

SNAP Violation: Transaction Logistics<\/span><\/h2>\n

\"SNAPAll six of the trafficking SNAP violation transaction categories involve questions about how your store physically transacts business.\u00a0 Some of these questions involve timing: how can the transactions happen so quickly?\u00a0 Why do the SNAP households shop at your store so often?<\/p>\n

The Department is looking specifically at how a person could use their EBT card so quickly at your store.\u00a0 We have taken a number of depositions of SNAP personnel and officers, and the uniting theory that they have is that you cant conduct fast transactions without a scanner and a conveyor belt.<\/p>\n

So, often we have to explain the logistics:<\/p>\n