You’ve Been Accused of a SNAP Violation – Now What?
So, you got hit with a SNAP violation notice from the USDA, huh? Take a deep breath – it’s not the end of the world, but you need to act fast. These violations are serious business, with major consequences if not handled properly. But, we’re here to walk you through it, step-by-step.First thing‘s first, what exactly is a SNAP violation? It’s when the USDA alleges you broke the rules of the Supplemental Nutrition Assistance Program (SNAP) – you know, the program that gives low-income families financial aid to buy food. Common violations include:
- Trafficking SNAP benefits (illegally exchanging them for cash or ineligible items)
- Buying inventory with SNAP benefits
- Allowing unauthorized people to use SNAP benefits
- Providing false information on your SNAP retailer application
Sounds pretty bad, right? Well, it can be – but not if you know how to handle it correctly. That’s where we come in.
The Clock is Ticking – You Have 10 Days to Respond
Look at that violation notice again – see that date? Yeah, you only have 10 measly days from that point to submit your official response to the USDA. Miss that deadline, and say hello to penalties like temporary disqualification or fines. Yikes.But don‘t panic, we’ve got a gameplan:
- Read the full notice carefully – it’ll outline exactly what violations you’re accused of, and what evidence the USDA is using against you. Highlight anything confusing to go over with your lawyer.
- Gather your own evidence – dig up inventory records, camera footage, past compliance policies – anything that could counter the USDA’s claims. The more ammunition you have, the better.
- Get a SNAP violation lawyer ASAP – This isn’t a battle you want to fight alone. An experienced lawyer knows the ins-and-outs of SNAP regulations, and can craft a killer response to maximize your chances of getting those violations tossed.
Speaking of lawyers…
Why You Need a Dedicated SNAP Violation Attorney
Trying to go it alone against the USDA is like bringing a water pistol to a gunfight – you need serious firepower on your side. An attorney who specializes in SNAP violations can:
- Analyze the notice and evidence to identify weaknesses in the USDA’s case
- Gather additional evidence and documentation to support your defense
- Craft a thorough, legally sound response addressing each violation
- Negotiate with the USDA to reduce penalties or dismiss violations entirely
- Represent you in any appeals or hearings if the case escalates
Don’t make the mistake of thinking any old lawyer will do. SNAP regulations are their own beast, filled with complex rules and processes. You need someone who eats, sleeps, and breathes this stuff daily.At Spodek Law Group, SNAP violations are our bread and butter. Our attorneys have decades of combined experience taking on the USDA. We‘ve successfully defended over 300 retailers nationwide from these types of charges – so you know we’ve seen it all before.1
Common SNAP Violation Defenses
So what kind of arguments can actually get SNAP violations dropped or penalties reduced? Here are some of the most common defenses we use:
Lack of Evidence
The USDA’s case is entirely circumstantial, with no hard proof you knowingly violated SNAP regulations. We’ll push for dismissal if their evidence doesn’t meet the strict “burden of proof” requirements.
Established Compliance Program
If you had a written compliance policy and training program in place before the alleged violations occurred, it shows you took active steps to follow SNAP rules – which could lead to reduced penalties.
Rogue Employee Misconduct
Occasionally an employee goes rogue and starts doing shady stuff behind the owner‘s back. If you can prove you had no knowledge of violations committed by a single bad apple, you may be able to escape punishment as the owner.
Incorrect Interpretation of Violations
SNAP regulations are a dense, confusing web of legalese. We frequently win cases by showing the USDA misinterpreted certain rules or transactions as violations when they weren‘t.
Excessive Punishment
If the penalties levied seem disproportionate to the alleged violations, we can argue for more reasonable sanctions based on precedent from similar cases.But remember, every case is unique. An experienced SNAP lawyer knows how to analyze the specific details and craft a defense strategy accordingly. Don‘t try to wing it and fit a square peg into a round hole.
“But I Can’t Afford a Lawyer!”
Hiring a SNAP violation attorney is an investment – one that could save your business tens of thousands in fines and lost revenue from being disqualified. The potential consequences are just too severe to risk going at it alone as a cost-saving measure.At Spodek Law Group, we offer flexible payment plans to make sure money isn‘t a barrier to getting elite legal representation. We’re upfront about costs from the start, with no hidden fees. And because we fight tirelessly for the best possible outcome, you can view the cost as an investment that pays dividends.
What If I’m Found Guilty of SNAP Violations?
Even if the USDA doesn’t outright dismiss the violations, having a lawyer gives you a much better shot at minimizing the damage through negotiated penalties or reducing charges down to lesser offenses.For example, we could potentially get a permanent disqualification knocked down to a temporary suspension, allowing you to eventually restore your SNAP certification. Or have trafficking charges reduced to lesser offenses not involving permanent disqualification.And if you disagree with the final ruling, your lawyer can file appeals and represent you all the way up through the court system if needed.The bottom line: Having a SNAP specialist in your corner keeps your options open and prevents a minor issue from snowballing into an existential threat to your business.
Don’t Let Inexperience Sink Your Defense
We get it, lawyers are expensive, and hiring one specifically for SNAP violations may seem excessive. But the consequences of inexperienced counsel are just too severe:
- Missing key deadlines and losing by default
- Failing to submit proper evidence and documentation
- Not understanding how to effectively negotiate with the USDA
- Overlooking legal technicalities that could get charges dismissed
- Providing ineffective defense arguments due to lack of expertise
When your business and livelihood are at stake, you can’t afford to roll the dice with a general practice lawyer who has limited SNAP experience. It’s just not worth the risk of permanent disqualification or bankrupting fines.Spodek Law Group has SNAP violation cases down to a science. We’ve been through this process hundreds of times – so we know exactly what it takes to win.