CIVIL MONEY PENALTY · TEN DAYS FROM RECEIPT · 7 CFR 278.6(b)(1)
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CIVIL MONEY PENALTY

Can I pay a fine instead of losing SNAP?

7 CFR 278.6(i) · 278.6(f) SPODEK LAW GROUP P.C. · UPDATED
THE SHORT ANSWER
Sometimes - there are two different money penalties. In a trafficking case, 278.6(i) allows a penalty in lieu of permanent disqualification if you ask in writing within ten days and prove four criteria. For a term disqualification, 278.6(f) allows one where closing your terminal would cause hardship to households.
THE DEADLINE, EVERY TIME
10
DAYS FROM RECEIPT
7 CFR 278.6(b)(1)
FNS doesn’t grant extensions. In a trafficking case the civil money penalty request has to be inside that filing or 278.6(b)(2)(iii) forecloses it permanently.
WHO IS DEFENDING YOUR STORE
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When you’re looking online, you have multiple options. There are so many firms advertising SNAP defense. Thankfully, your search is over. Spodek Law Group P.C. offers premier white-glove service and we’re unafraid of fighting. Unlike firms that are more focused on their relationship with the agency than with you, we owe loyalty to only YOU. Your store, your family, your license.

One reason our firm has such a high success rate is that we’re selective about who we work with. If we’re choosing to work with you, it’s because we think we can make a positive impact. That’s vastly different from firms that take on any client willing to pay. When you reach out, you start with a risk-free consultation - and you can ask us anything you want, regardless of how long it takes.

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IN BRIEF
MONEY INSTEAD OF MONTHS
7 CFR 278.6(i) · (f)
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Owners conflate two provisions that work very differently, and the difference decides which argument you make.

The trafficking penalty

Under 7 CFR 278.6(i), FNS may impose a civil money penalty instead of permanent disqualification where the firm timely submits substantial evidence that it had established and implemented an effective compliance policy and program. Four criteria, all four required: a written policy, that policy operating at this location before the violations, documented personnel training, and ownership not involved. The request must be in writing inside the ten days, and 278.6(b)(2)(iii) forecloses it if it’s late.

The hardship penalty

Under 278.6(f), where a term disqualification would cause hardship to participating households - the standard case being a neighborhood with no comparable store within a reasonable distance - FNS may take money rather than months. It’s a geographic and demographic showing, built from distances, transit and who actually shops with you, and it belongs in the response.

What the number looks like

The trafficking penalty is calculated from your average monthly SNAP redemptions across a period FNS selects, subject to the caps at 7 CFR 3.91(b)(3), which adjust for inflation. Busy stores reach six figures before the cap applies. Both the volume figures and the period charged are contestable, and payment is due in full within thirty days of the final determination.

TWO PROVISIONS
278.6(i) for trafficking, 278.6(f) for hardship. Different proof entirely.
THE DEADLINE
The trafficking request is written, and inside the ten days, or it’s gone.
THE NUMBER
Built from your own redemptions - and both inputs can be challenged.
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Spodek Law Group - the team
SPODEK LAW GROUP P.C. · NEW YORK
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Todd Spodek
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Ralph Franco
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SPODEK LAW GROUP P.C.
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SPODEK LAW GROUP P.C.
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SPODEK LAW GROUP P.C.
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SEND THE LETTER TO COUNSEL

Tell us what happened. Eight fields, two minutes - and a lawyer reads it today.

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WHAT HAPPENS NEXT
Today. A lawyer reads the letter and fixes your real deadline from the receipt date. You’ll know where you stand before we hang up.
Day one. If trafficking is charged, the written penalty request goes in immediately.
Days two to nine. Invoices, register data, inventory and the compliance file get assembled.
Before day ten. The response is filed, transaction by transaction, with exhibits.
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THE ASK

Read us the first line of the letter. We’ll tell you what day you’re on.

Bring the envelope, the attachment, and your invoices if you have them. If you don’t have them, bring the letter. The consultation is risk-free, it stays between us, and it happens today - ask us anything, regardless of how long it takes.

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THE RULES BEHIND THIS ANSWER
Ten days from receipt. No extensions, for any reason. The CMP request must be in that first filing. A clerk’s conduct is attributed to the store. Unanswered transactions read as conceded. Ten more days to seek review after a determination.
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