Blog
SNAP Charging Letter – What Not to Say to the USDA
SNAP benefits are issued to millions of US residents each year, and they come with strict laws. There are many laws in effect for both those who use SNAP benefits and those who accept them. If you are a store or business owner who accepts SNAP benefits, you might receive a SNAP charging letter in the mail at some point in your career accepting these benefits. A charging letter alleges there was a SNAP benefits misconduct report during a specific store visit. Perhaps you accepted SNAP benefits for a case of beer when a new employee was on the register and simply made a mistake. It might be a very valid charging letter or one that is completely startling to you.
When you receive a snap charging letter in the mail, you are going to experience several emotions that range from confusion to anger to fear. It’s normal, and you have a chance to respond to the charging letter with a letter of your own outlining what you believe happened, what you have to say, and what you want to do to rectify or dispute a situation. What to say in this letter is important, but it’s what not to say in this response that’s even more important to the outcome of this allegation.
Do Not Call the USDA
It’s easy to assume you should call the USDA right away and discuss the contents of your snap benefits letter so they know you didn’t do anything wrong. This is not the right thing to do. It’s imperative you do not pick up the phone and make this call right away. You must have an attorney read the letter and come up with a response for you. USDA agents are trained to ask questions that require answers that might come across as admissions of guilt. If you say even one thing that comes across as an admission of guilt, your business could be shut down immediately. Do not make this call without first discussing your case with an attorney.
Do Not Agree to “Off the Record” Conversations
These are not real conversations. Everything you say is being recorded, notated, and will be used against you. Do not agree to carry on a conversation if someone agrees to keep it off the record. They are not doing this, and you are incriminating yourself and your business. Keep all conversations on the record.
Do Not Place Blame
Do not take responsibility for anything, but do not go the route of blaming someone who works for you. You might think that telling the USDA that you hired a new employee who simply didn’t know that he was doing something wrong on the register is a good idea, but it’s not. The USDA doesn’t care if someone make a mistake. They want to know that it happened, and they will use your accusation against an employee as your confession. You might still see your business shut down.
Do Not Admit Wrongdoing
Even saying something as simple as “We will definitely get to the bottom of this and figure out what happened on our end to see why this violation occurred,” when you speak to a SNAP agent. You must never allude to the possibility anything happened at your place of business. You must always respond with your belief that this is a mistake on their part and no wrongdoing occurred at your business. Never even accept the possibility wrongdoing occurred at your place of business.
When it comes to speaking to the USDA in response to a snap charging letter, denial is the way to go. Say nothing incriminating, and do not even entertain the idea something wrong happened at your place of business. Even better yet, do not speak to anyone without first consulting with your attorney and finding out what he or she believes you should do next.
SNAP Charging Letter-What Not to Say to the USDA
SNAP can be very beneficial for your retail business. Not only are you making it easier for your low-income customers to get the food that they need, but you can also generate more revenue for your own business. However, it is important for every retailer that accepts SNAP to follow the rules outlined by the United States Department of Agriculture.
If you violate any rules, then the USDA will send you a letter. The way that you respond to the letter will determine how the case goes forward.
How to Understand the Letter
If you are suspected of committing snap fraud, then you will be sent a letter. It will likely arrive via UPS overnight. The letter will have a list of the things that you have been accused of doing. Below is a list of some of the possible things that you can be charged with.
Benefits Trafficking
You can be accused of trafficking if you use SNAP benefits to get weapons, cash or drugs. It is important to note that this is not the same as using snap to buy ineligible food products. The penalties for using snap to buy drugs, cash and weapons will be a lot harsher.
Selling Ineligible Items
snap has outlined a list of purchases that people can make with their benefits. If you allow people to use their snap benefits to buy things that the USDA does not approve of, then your store can be accused of fraud. This includes things such as soap, hot sandwiches and cutlery.
Why The USDA Sent You This Letter
The reason that you have been sent this letter is because the USDA believes that you have been engaged in some type of fraud. The USDA loses money when people do not use snap benefits in the correct way. They try to punish retailers harshly in order to deter people from committing snap fraud.
What You Shouldn’t Do If You Are Sent a Letter From the USDA
Your first impulse may be to call the USDA if you have been sent a letter. However, you don’t want to do this. There is no such thing as a private conversation with the USDA. Everything is recorded and documented. They may also try to use what you say against you. In fact, the USDA agents have been trained to ask questions just so they can use the information you provide against you.
You should also avoid denying that the fraud actually occurred. This will not help you because the USDA will hire a team of investigators and can uncover the fraud. It is best for you to hire an attorney if you have been accused of snap fraud.
What You Will Need to Do Instead
It is important to note that you have to respond to the USDA within 10 days. You should hire an attorney before this 10-day period is up. The letter may give you the option of paying a monetary fine in order to avoid further punishment. However, if you fail to respond within 10 days, then you won’t be able to pay a fine to prevent additional punishment.
The USDA will have to be able to prove that you committed fraud. You can also use your own evidence to prove that fraud occurred. For example, you can prove that you and your employees followed all of the rules and regulations.
What Will Happen If You Have Had Prior Violations?
The punishment will likely be harsher if you have violations in the past. You don’t want to lie and say that you did not commit fraud in the past. You may be permanently disqualified from accepting snap benefits. You may also face jail time.
You definitely need an attorney if you have had multiple violations. Your attorney will be able to thoroughly examine the present and past violations.
Why You Need to Hire a snap Defense Attorney
The best thing that you can do in order to protect your legal rights is to hire an attorney. Your attorney will take a proactive approach. You will need to schedule a consultation with your attorney. The purpose of this consultation is for the attorney to discuss the specifics of your case and determine the best way to move forward.
You will also be able to ask your attorney questions about your case. You have the right to challenge the allegations that the USDA has made against you. The attorney cannot make any specific promises for you because everyone’s case is different. However, the attorney will try to protect your business and its revenue.
There have been thousands of retail businesses that have been forced to close due to snap violations. If you hire an attorney, then you will be much more likely to be able to keep your doors open.