The Supplemental Nutrition Assistance Program costs the taxpayers billions every year. This is why Congress does not take violations lightly. In 2013, a report was tabled highlighting the dramatic rise in SNAP violations. In response to this, the government issued a crackdown that led to the suspension of thousands of stores across the country. The US department has not relented in its efforts to convict and disqualify families and store owners found to be in violation.
If you have received a charge letter, you should not take it lightly. The department has the technology and manpower to investigate and prosecute offenders. If you are contemplating on whether you should hire an attorney, understanding the investigation process and the benefits of an attorney will help you make an informed decision.
SNAP fraud investigations
SNAP beneficiaries are issued with an Electronic Benefits Transfer Card (EBT). This card is what the USDA uses to monitor the transactions. An investigation into you or your store can be triggered by an inconsistent transaction. The USDA has also issued hotline numbers for members of the public to report any violations. The quality control department also has the technology, and a computer match in their system can also trigger an investigation. Once the department identifies an inconsistency, they may contact you to obtain information. They may also ask or conduct a financial audit of your store. If you report low income and you are able to meet your monthly obligations as a store owner, then this can be grounds for an investigation.
The USDA investigations department is well connected with other government agencies. In their investigations, they may coordinate with other government agencies to obtain information. They also work closely with the prisons office. If a SNAP beneficiary goes to jail, then the department receives an alert. As is evident, they have a watertight system to help in investigations.
In some cases, the USDA can also carry out undercover investigations. They can pose as beneficiaries and try to buy other items that are not authorized. There are many ways that you can be found in violation. In some cases, the violation may be an error on your part. Again, as a business owner, you may not be aware that your employees are engaging in violations. This is why it is to have legal expertise.
How can a SNAP violation lawyer help?
Once the USDA finds that there are irregularities, they will issue a charge letter. This letter can be issued without any warnings. The charge letter provides information about the allegations made against you. In most cases, the letter is detailed containing the facts of the allegations. Once you receive the letter, you need to issue a response in not more than 10 days. It is to bring in a lawyer immediately you receive this letter. The lawyer will review the facts and the merits of the case made against you. The SNAP lawyer will also take over all communications done between you and the USDA investigators. More importantly, the lawyer will draft a response within the stipulated 10 days. The response will be thorough and extensive. On your own, you may lack the legal expertise needed to make an accurate and detailed response.
The department will review the response letter and compare it with their findings. If they still hold their grounds, they will communicate this in a second letter. This letter will also detail their intentions to disqualify or suspend you from the program. The USDA still expects a response to the second letter within 10 days. Failure to make a response can be viewed as an admission of guilt. If you retain a lawyer, he will gather evidence and make an appeal based on case law and other federal codes. The lawyer will also issue a letter demonstrating that the decision of the department is wrong.
In some instances, the case can go all the way to the Judicial Appeals stage. When this happens, the matter is heard in federal court. This means that just like any other court case you are given the opportunity to file motions and conduct discovery. Given that the stakes are high, you need a lawyer who has extensive experiences in SNAP violations defense. We have handled many cases for our clients, and our experience and skills can work in your favor to protect your store from disqualification.
An awesome firm that truly cares about you. I thought I could handle the USDA on my own, but failed. Todd intervened and helped fix my mistakes.
- Denton, CLIENT Denton