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SNAP Civil Money Penalty
If you’re reading this, it’s likely because you’re facing a potential SNAP Civil Money Penalty—and you’re worried about what might happen next. At Spodek Law Group, we understand you’re in legal trouble, and need a top-rated criminal defense attorney. With over 50 years of combined experience, our goal is to provide you the best possible legal representation at all stages of your case. We handle both state and federal matters, and we’re available 24/7 to guide you through these complicated SNAP-related challenges.
Contents
SNAP Civil Money Penalties and Federal Jurisdiction
When the USDA suspects a store of violating 7 C.F.R. § 278.6 or 7 U.S.C. § 2021—for allegedly exchanging SNAP benefits for cash, manipulating receipts, or failing to keep proper records—they can impose a Civil Money Penalty. These penalties can be expensive, and we take this very seriously: you might lose your SNAP authorization entirely. In some situations, federal prosecutors (Department of Justice) could get involved, especially if they believe there’s evidence of fraud under federal statutes like 18 U.S.C. §§ 1341–1343. Once that happens, you’re dealing with the federal court system, federal sentencing guidelines, and some of the toughest legal issues nationwide.
Civil vs. Criminal: Double Jeopardy Concerns
We often get questions about whether a civil penalty triggers double jeopardy. In most SNAP cases, a Civil Money Penalty is considered a separate administrative action. That means you can still face federal criminal charges, even if you resolve the civil side. The Double Jeopardy Clause applies to criminal prosecutions, not civil proceedings. At Spodek Law Group, our approach is to try and protect you on both fronts—civil and criminal—by challenging the evidence, questioning the investigation, and doing everything we can to get you the best possible outcome.
Scenarios and Defense Strategies
Our criminal defense lawyer handle challenging scenarios, often where other firms say it’s unwinnable. Our team has experience handling all types of cases. We roleplay different defense strategies based on the facts:
- Employee Misconduct Scenario
Suppose your cashier, without your knowledge, was exchanging SNAP benefits for cash. We present a defense around lack of criminal intent. We argue that you were unaware, and your employees acted outside the scope of their employment. As a result of the lack of intent, they cannot prove you did criminal conduct. - Flawed Audit
If the USDA relied on shaky data—maybe there were rounding errors or questionable transaction tallies—we go after the validity of their evidence. If the government can’t prove accurate numbers, they can’t justify the penalty. It means we can save your store. - Improper Search and Seizure Scenario
If investigators overstepped with no warrant or coerced confessions, we fight to suppress that evidence under the Fourth Amendment. Evidence obtained illegally may be inadmissible, which can weaken the government’s case. - Administrative Appeal Route
Under 7 C.F.R. § 279.1, you can file an administrative appeal if the USDA disqualifies your store from SNAP or imposes a Civil Money Penalty. We focus on showing compliance measures, highlighting any minor or unintentional errors, and emphasizing your due process rights.
In each scenario, our objective is to dismantle the government’s arguments, reduce or dismiss penalties, and protect you from potential criminal exposure. Our lawyers have experience negotiating settlements with the USDA that preserve your eligibility and keep your reputation intact. If a criminal case emerges, we’re a top federal defense law firm prepared to litigate.
Why Federal Defense Experience Matters
Federal cases are different from state-level cases. Federal prosecutors and judges follow distinct rules, including the Federal Rules of Criminal Procedure and the U.S. Sentencing Guidelines. If your case escalates, or if you receive a target letter from the Department of Justice, you need a criminal attorney who understands these nuances. We have decades of experience working with federal agents, dealing with the discovery process, and building your defense. When you hire Spodek Law Group, you’re hiring a team that knows how to fight at every stage—administrative, civil, or criminal.
We Prioritize Communication
At Spodek Law Group, we understand that, and take this very seriously. Our philosophy is rooted in client service. Every single client deserves a lawyer who explains every step, listens to your concerns, and answers all your questions. We believe in honest, straightforward communication. Whether it’s by phone, in-person, or through our digital dashboard, we keep you informed so you understand what’s happening with your case. We are available 24/7 to discuss your situation and provide guidance.
Protecting Your Future
If you’re facing a SNAP Civil Money Penalty, the financial consequences can be devastating—and that’s not to mention the risk of a criminal record if charges are filed. Your entire future is at risk. A loss of SNAP authorization can cripple your business, and felony convictions can lead to imprisonment, steep fines, or both. Our only objective is to get the case against you dismissed, or significantly diminished. If there’s a legal route to dismiss or reduce charges, we will find it. If it’s necessary to negotiate a plea, we negotiate aggressively to get you the most favorable terms.
What You Should Do Next
If you suspect the USDA is investigating you, or you’ve received a letter about a Civil Money Penalty, contact us ASAP. Time is critical. We need to review your evidence, gather details about the investigation, and craft a strategy. We encourage you to be honest with us so we can fully understand your case. We’ll figure out if it’s possible to avoid bigger problems, like criminal charges, by being proactive now.
At Spodek Law Group, we know you’re dealing with stress and uncertainty, and we’re prepared to step in. We handle cases nationwide, and our attorneys have been interviewed by major media outlets for our legal insights. We are available 24/7, to provide a risk free consultation. We want to help you through this. Regardless of where your case is in the USA, or the situation you’re dealing with, or the stage of the case, we can help you.