SNAP Violation: Expert SNAP Disqualification Defense
In the grocery store or other similar business you own or manage, many customers use EBT benefits to pay for various types of foods. As you know, EBT benefits are to be used only for food, and not other items found in your store. However, this does not stop customers or even store employees from making these transactions possible. When this occurs, a SNAP violation has taken place, and could have significant consequences for you and your business for many years. When violations of this nature are alleged against a business, the USDA and its investigators set out to make examples of these alleged offenders by implementing certain types of disqualifications, meaning your business cannot accept EBT benefits for a certain period of time or perhaps forever. Rather than let your case be handled by lawyers who rarely deal with such cases, put your trust in expert SNAP disqualification defense attorneys.
SNAP Trafficking
In most situations where a disqualification penalty is imposed by the USDA, SNAP trafficking has been the primary reason for the penalty. If you are accused of this violation, this means the USDA believes you have exchanged EBT benefits with customers for cash, weapons, or drugs. Needless to say, this can bring about serious charges in a number of areas, meaning you will need expert legal representation as fast as possible. To prove SNAP trafficking took place at your business, the USDA will either point to its analysis of your store’s EBT transactions or to evidence obtained during the course of an undercover investigation at your store. While this may sound as if the evidence against you will be overwhelming, don’t assume this is the case. In fact, an experienced SNAP disqualification defense attorney can often find errors made by the USDA that can impact your case, ultimately helping you avoid the disqualification penalty.
Not All Disqualifications are Permanent
When you receive a Charge Letter from the USDA detailing your violations and discussing the possibility of a disqualification from SNAP, you may initially think this disqualification will be permanent. While that is always a possibility, these severe penalties are generally reserved for those businesses that are found to be guilty of trafficking. In many cases, you may be facing a six-month suspension for minor violations, such as selling food-related products such as plastic utensils and cups. However, should you let alcohol, clothing, gasoline, or other similar items be purchased with EBT benefits, these violations could carry a disqualification of up to five years. If this occurs, the financial impact will be so severe that it could result in you selling your business or watching the store where you have worked for years close its doors. To prevent these scenarios, you will need to fight the charges against you very aggressively, which is why you will require the services of expert SNAP disqualification defense attorneys.
Once Permanently Disqualified, There’s No Going Back
Should your SNAP violations be so severe that the USDA is successful in imposing a permanent disqualification against you and your store, there will be no going back to how things were prior to the penalty. In fact, the USDA will see to it that you feel the impact of the permanent disqualification penalty for many years to come. To begin with, the store where the violations took place will never again be allowed to accept EBT benefits, and you will no longer be able to hold any position of authority in any type of business that does accept EBT from customers. Also, don’t expect to get a job with any company that conducts government business, and plan on having a much harder time getting approval for business or personal loans. Since the USDA considers these situations to be non-negotiable, you must rely on expert SNAP disqualification attorneys to provide you with a strong legal defense. Otherwise, you may be facing a very uncertain future.
The Responsibility is Yours
Should it be shown that SNAP violations took place at your business, they may have occurred not because of errors you made, but because other employees failed to understand certain SNAP rules and regulations. While you may think this will play in your favor, it will not. According to the USDA, even if others were responsible for SNAP violations at your store, you as the store’s manager or owner are ultimately held responsible for their actions. Therefore, it will do you no good to immediately start blaming others when speaking to USDA investigators or replying to a Charge Letter. Since the government will give you no more than 10 days in which to appeal its decision, don’t waste your time trying to shift the blame to others. Instead, schedule an immediate meeting with expert SNAP disqualification lawyers who can examine the details of your case, explain various ways in which it may play out, and advise you as to what you should say and do over the coming weeks while your case works its way through the legal system.
The Appeals Process
Once you begin appealing the USDA’s charges against you, it is likely the process will begin with an Administrative Appeal, which may take several weeks or longer to complete. Should the matter not be resolved through this option, it will then shift to a Judicial Appeal which will be heard in court. If you try to represent yourself during these proceedings, you will undoubtedly lose. By choosing instead to hire experienced legal counsel, you give yourself a far better chance of avoiding disqualification and the numerous consequences that follow.
To have your case handled by attorneys who know how to take on the federal government and win, consult soon with expert SNAP disqualification defense attorneys.
