Whats the news today-
The Supplemental Nutrition Assistance Program (SNAP) provides eligible individuals with food benefits every month. The benefits are issued on an Electronic Benefits Transfer card. The United States Department of Agriculture Food & Nutrition Service Agency regulates SNAP.
The USDA’s Food and Nutrition Service Agency defines EBT trafficking as
According to the USDA, SNAP trafficking can be violated directly or indirectly. SNAP trafficking is one of the more common SNAP violations among retailers and can lead to serious penalties that could include
Permanent Disqualification From SNAP
Permanent disqualification could be sanctioned from SNAP if the retailer
Temporary Disqualification From SNAP
Temporary disqualification of 5 years will be sanctioned if it’s a retailer’s first violation. Furthermore, a temporary disqualification will be issued if the retailer was previously warned that SNAP violations were taking place and evidence shows
A retailer may be disqualified from participating in SNAP for 3 years if evidence shows
A retailer may be disqualified for one year if evidence shows
If it’s a retailer’s first sanction, and evidence shows that employees were unaware they committed violations, it will disqualify the retailer for 6 months.
If a retailer has been sanctioned with a SNAP violation that mandates disqualification, a monetary penalty may enforced in place of the disqualification if it would cause a hardship on SNAP participants in the area. This typically occurs when the retailer is the only one in the area that sells a wide range of eligible food items.
If a retailer is facing EBT trafficking charges, they will receive a charge letter. UPS delivers the letter. There are three ways a retailer can get charged with EBT trafficking. The most common is an EBT case.
If a retailer receives a charge letter, it will provide an analysis of any records or patterns that indicate the retailer is trafficking. All transactions and the dates that they occurred will be listed in the letter. A charge letter also states that permanent disqualification from the Supplemental Nutrition Assistance Program could occur if it’s determined that the retailer committed trafficking. The letter will also have attached exhibits involving each transaction.
The second type of charge letter is sent by the Retailer Investigations Branch. With these cases, a USDA agent secretly shops in the store to collect evidence of violations. These charge letters are accompanied by affidavits and have more details than EBT case charge letters.
The third charge letter involves the Office of Inspector General. These cases typically involve undercover investigations, such as Retailer Investigations Branch cases, but cases that involve the Office of the Inspector General usually involve criminal charges. In many cases, undercover agents for the Office of the Inspector General are trying to find SNAP trafficking rings, and these investigations usually involve multiple retailers.
A charge letter will state that an accused retailer has the right to legal representation in response to the allegations. In addition, the letter explains that the preliminary determination isn’t permanent. If a retailer show evidence that supports their innocence, the determination can be overturned. The USDA requires that retailers who are accused of SNAP trafficking submit a response to the USDA within 10 days of receiving the letter.
If you’ve received a SNAP charge letter, it’s vital to seek legal advice from an experienced SNAP violation attorney. The charge letter will arrive without warning, and you must submit a response within a timeframe. If you have a skilled SNAP trafficking attorney at your side, it can help you keep your EBT license and avoid monetary penalties.
Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.
Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.
Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.
We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.
555 W 5th St 35th floor, Los Angeles, CA 90013
35-37 36th St, 2nd Floor Astoria, NY 11106
85 Broad St 30th Floor, New York, NY 10004
195 Montague St., 14th Floor, Brooklyn, NY 11201