24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

SNAP Violation Examples

The Supplemental Nutrition Assistance Program (SNAP) contains a wealth of rules and regulations intended to insure that needy households have necessary food. Violations of the SNAP rules undermine the purpose of the program. If you’re a retailer who serves SNAP recipients or you’re one yourself, you should take these regulations and any charges that you violated them seriously. Here are some of the ways that you might find yourself in violation of snap.

Buying and Selling SNAP Benefits

Trafficking is the practice of recipients and retailers swapping SNAP benefits and cash or other items not allowed with SNAP benefits.

Typically, the recipient sells the EBT card or the PIN number to the retailer and receives cash for it. This allows the recipient to either pocket the cash or buy non-food items. For recipients engaged in trafficking, criminal penalties can range from one to as much as 20 years in prison and fines spanning between $5,000 and $250,000, depending on the amount of money involved in the trafficking.

Further, federal law treats trafficking as an “Intentional Program Violation” and disqualifies the recipient and the household from receiving SNAP benefits for 12 months, 24 months or permanently. The length is based on the number of prior IPVs. A recipient may also traffick by selling the snap benefits for weapons, ammunition and drugs. In such a case, the disqualification lasts forever. Recipient traffickers may also have to repay to the government the cash or other value they received.

Trafficking retailers often use the EBT cards to stock their inventories for resale. If you’re caught trafficking, it can permanently cost you participation in program unless the Food Nutrition Service (FNS), or the state agency, imposes a civil monetary penalty in place of disqualification. Criminal prosecution may also occur.

Buying Ineligible Items

Federal law restricts snap benefits to the purchase of food items. The program does not foot the entire bill for a grocery store visit.

As you might expect, a recipient cannot put alcohol, cigarettes, medicines (even over-the-counter ones) on the EBT card. Using snap funds for personal care items, household cleaners, laundry detergent, fabric softeners, cosmetics, paper products and vitamins is also not permitted. Violations occur from purchases for hot foods, including items such as fried chicken, rotisserie chicken, soups or vegetables in deli sections that come out hot. As a retailer, you may accept snap benefits for cold deli items, such as cold subs or chicken that is not hot at the time you sell it.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Stores that allow EBT cards for food eaten on the premises violate snap. In certain areas, restaurants that serve low-income diners can get permission to receive snap benefits.

Buying Food on Credit

A recipient runs low on the EBT card or the balance is not sufficient to complete the order. You, trying to be a helpful retailer, allow the recipient to obtain the merchandise and come back later to pay when the EBT card has enough funds.

This form of selling on “credit”, while perhaps an understandable effort to help those in need, violates SNAP rules. Amounts on an EBT card can pay only for food purchased at the time the recipient uses the card. Customers may cover any shortfalls with cash, check or some payment method other than the EBT card. Retailers are prohibited retaining or using EBT personal identification numbers as a repayment method. In fact, obtaining the PIN numbers from recipients is itself a violation.

Pricing

Certain pricing practices also violate snap. Stores cannot charge snap recipients more for an item than non-recipients. Minimum purchase requirements to use EBT cards, charging sales tax on eligible food items, concealing sales taxes in the purchase price and failing to display the price of items also run afoul of the rules.

False Statements by Retailers on an Application

If you’re a retailer, you commit food stamp fraud when retailers supply false information on applications to be licensed snap retailers.

FNS looks for misrepresentations of the identity of individual owners or officers of a retail store or a company that owns the store. This often happens where the applicant has been disqualified, either permanently or for some other period of time, and seeks to conceal their participation. Retailers may also be caught misrepresenting the types of foods they regularly offer or the proportion of their sales in staple foods. You may qualify for participation in the snap program by earning more than 50 percent of its revenues from meats, vegetables, dairy products, bread and other staples. Soft drinks, candies, spices, condiments and prepared ready-to-eat foods do not count.

Selling a Disqualified Store

You find your store barred from the snap program some period of time, say 24 months. In that time, you ponder and go through with the selling it. If you sell it before the disqualification period ends and your buyer then becomes a snap retailer, you get a civil monetary penalty.

FNS or your state food stamp agency, will also want proof that you have no relationship to the buyer. Acceptable documentation of your complete separation from the buyer may include, but is not necessarily limited to, its corporate filings or documents that show you’re not a manager, director or officer.

False Statements by Recipients

If you’re applying as a recipient of snap benefits, you should avoid false statements on your application. These commonly involve the amount of income or assets in your household. You violate snap rules by failing to accurately or completely disclose information, such as addresses or telephone numbers, of responsible relatives who can assist the household. This includes parents of minors who don’t live in the household and spouses of recipients.

Lying on an application constitutes an Intentional Program Violation. Depending on the number of prior IPVs, which also include trafficking, you may lose as a recipient benefits for either 12 months, 24 months or permanently.

Whether you are a retailer or recipient, our snap attorneys can represent you in administrative, civil or criminal proceedings to defend snap violation charges.

Schedule Your Consultation Now