State v. J.A. – First Degree Rape
Retailers who accept EBT transactions through the federal food stamp program (Supplemental Nutrition Assistance Program or SNAP) must comply with detailed rules. It’s the responsibility of store owners to understand SNAP regulations – and ensure that their employees understand and follow the rules, too.
Missteps in handling SNAP benefits can lead to costly consequences. The federal government (specifically, the U.S. Department of Agriculture’s Food and Nutrition Service) has broad authority over EBT transactions. This agency is entrusted to protect program integrity and, to that end, aggressively investigates SNAP program violations. It has the power to impose penalties such as:
At Roberts Marcilliat & Mills PLLC, we defend retail food stores – including grocery stores, convenience stores, gas stations, and farmers’ markets – across the country that are facing potential sanctions by the U.S. Department of Agriculture for SNAP violations.
If you’ve received a USDA “charge letter” or notice of a violation, you need to act quickly to protect your business and your future ability to accept food assistance benefits. We can help you put the right defensive strategy into place – as well as a strong, proactive compliance policy to prevent further violations down the road.
There are many types of SNAP violations, any of which can threaten your future SNAP participation and your ability to handle EBT transactions in your store.
In general, any ” trafficking” in SNAP benefits is a violation that could lead to permanent disqualification for authorized retailers, many of whom rely on EBT transactions as a big source of revenue.
These are very common examples, often committed by a store clerk or cashier, either knowingly or unknowingly. It is relatively easy for a cashier to become involved in food stamp trafficking. This puts you as the owner at risk.
Suspicious activity: While not strictly a violation of EBT rules or regulations, cashiers should avoid manually entering EBT card numbers unless absolutely necessary. Manual entries can indicate food stamp fraud, identity theft or stolen debit card numbers, especially when there’s a large number of manual transactions. Only enter card numbers manually if the swiping machine is broken, and even then, do so only in the customer’s presence.
Additionally, as the store owner, it’s your responsibility to ensure that all employees are trained in SNAP regulations. No cashiers should be allowed to handle EBT transactions until they’ve completed training on how to do so properly and legally. You should keep thorough records of this training. That way, should a violation still occur, you may have strong grounds for contesting the penalty (or at least arguing for a reduced penalty).
A training program should be part of a comprehensive compliance policy for any retailer who handles EBT transactions for public assistance benefits. The best way to avoid penalties such as steep fines and lengthy disqualification is to prevent violations in the first place.
If you’re an authorized retailer and you have been accused by the USDA of a SNAP violation, you have a limited amount of time in which you can respond and mount your defense. Remember that the government has the power to permanently disqualify your store if the USDA believes that you or your employees committed any of the above common SNAP violations. Other penalties may also apply.
Roberts Marcilliat & Mills PLLC, based in North Carolina, handles SNAP violation cases anywhere in the nation. We represent grocery stores, convenience stores, gas stations, and other retailers who get into trouble with SNAP/EBT transactions. The nature of this work allows us to handle most cases by phone and email. This means that you can rely on the experienced and accomplished lawyers of Roberts Marcilliat & Mills PLLC to preserve your ability to accept food stamp benefits, even if your store is located outside of North Carolina.
When the stakes are high – and your business is on the line – you need a legal team that understands how to navigate the murky waters of federal EBT law, including the nuances of SNAP rules.
We can do just that. We understand what it takes to put together a strong defense. Our lawyers can help you respond to the USDA charge letter, pursue administrative review and fight for you in court if needed. No case is too challenging for our experienced lawyers to tackle.
We can also advise you on how to prevent violations in the first place by working with you to implement an effective training and compliance program.
State v. B.S.: Not Guilty Verdict in First Degree Murder Case.
In this case, our client was charged with First Degree Murder in connection with a “drive-by” shooting that occurred in Charlotte, NC. The State’s evidence included GPS ankle monitoring data linking our client was at the scene of the crime and evidence that our client confessed to an inmate while in jail. Nonetheless, we convinced a jury to unanimously find our client Not Guilty. He was released from jail the same day.
State v. S.G.: First Degree Murder Charge Dismissed.
Our client was charged with First Degree for the shooting death related to alleged breaking and entering. The State’s evidence included a co-defendant alleging that our client was the shooter. After conducting a thorough investigation with the use of a private investigator, we persuaded the State to dismiss entirely the case against our client.
State v. B.D.: First Degree Murder Charged Dismissed.
After conducting an investigation and communicating with a prosecutor about the facts and circumstances indicating that our client acted in self-defense, the case was dismissed and deemed a justifiable homicide.
State v. I.R.: Reduction from First Degree Murder to Involuntary Manslaughter and Concealment of Death.
Our client was charged with the First Degree Murder of a young lady by drug overdose. After investigating the decedent’s background and hiring a preeminent expert toxicologist to fight the State’s theory of death, we were able to negotiate this case down from Life in prison to 5 years in prison, with credit for time served.
State v. J.G.:
Our client was charged with First Degree Murder related to a “drug deal gone bad.” After engaging the services of a private investigator and noting issues with the State’s case, we were able to negotiate a plea for our client that avoided a Life sentence and required him to serve only 12 years.
State v. J.A. – First Degree Rape
State v. B.S. – First Degree Murder
State v. E.D. – Identity Theft
State v. J.A. – First Degree Rape
Each case is different and must be evaluated on its individual facts. We work hard to assess each case individually. Prior results do not guarantee any future outcome.
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