THE EVIDENCE · TEN DAYS FROM RECEIPT · 7 CFR 278.6(b)(1)
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THE EVIDENCE

Can one EBT card be used for a whole family?

ALERT · HOUSEHOLD PATTERNS SPODEK LAW GROUP P.C. · UPDATED
THE SHORT ANSWER
Yes - benefits are issued per household, and one card commonly serves a large extended family. ALERT doesn’t model that, so the resulting large and repeated transactions read as an outlier and generate charge letters.
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.
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ALERT DATA
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This is the single most common innocent explanation in the cases we read, and it’s almost never in the file when we arrive.

Why it looks suspicious to a model

One card producing several large transactions a week, or draining an entire monthly balance in one or two swipes, is exactly the signature ALERT associates with trafficking. The system compares your store to peers whose customers shop in smaller household units, and the divergence prints.

What is actually happening

A household of eight or ten shopping on one authorization. Grandparents, parents and children in one apartment. A relative who shops for an elderly neighbour. A family without a car buying what it can carry, three times a week, from the only store on the block. All lawful, all invisible to a comparison engine.

Putting it in the record

Itemized baskets showing family-scale groceries against the flagged amounts. Short signed statements from the households involved describing their size and shopping habits. Neighborhood facts: distance to the nearest supermarket, transit, who your customers are. Those same facts support a hardship argument under 278.6(f) if a term disqualification is on the table.

LAWFUL AND COMMON
Benefits are per household, and households can be large.
UNMODELED, NOT ILLEGAL
The peer group assumes smaller shopping units.
CUSTOMERS CAN SPEAK
Signed household statements carry real weight.
GENERAL INFORMATION · NOT LEGAL ADVICE Speak with counsel now →
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Spodek Law Group - the team
SPODEK LAW GROUP P.C. · NEW YORK
Todd Spodek
Todd Spodek
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Ralph Franco
Ralph Franco
SPODEK LAW GROUP P.C.
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SPODEK LAW GROUP P.C.
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Claire Banks
SPODEK LAW GROUP P.C.
Alex Zhik
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SPODEK LAW GROUP P.C.
SEND THE LETTER TO COUNSEL

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

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Counsel reading a client file
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.

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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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