SNAP trafficking allegations usually arise from USDA’s analysis of your store’s EBT transaction data, field inspections, and sometimes undercover operations. The agency looks for patterns it believes suggest benefits are being exchanged for cash or ineligible items, even when no one from USDA ever talks to you first.
Our role is to explain, in a clear and credible way, why your store’s EBT patterns make sense for your business, your customers, your neighborhood, and your inventory. We help you understand what USDA thinks the data shows, and how to respond with evidence that corrects or challenges those assumptions before a final decision is made.
Our role is to explain, in a clear and credible way, why your store’s EBT patterns make sense for your business, your customers, your neighborhood, and your inventory. We help you understand what USDA thinks the data shows, and how to respond with evidence that corrects or challenges those assumptions before a final decision is made.
USDA may allege trafficking based on:
- Unusual transaction patterns (large or repeated swipes)
- High-dollar EBT sales compared to similar stores
- Rapid, back-to-back transactions on the same card
- Undercover or surveillance reports
A USDA trafficking finding is one of the most serious actions a SNAP retailer can face. In many cases, the default penalty is permanent disqualification from the program, which can instantly remove a major source of revenue and drive customers to competitors.
Depending on your circumstances, USDA may also consider a civil money penalty (CMP) in lieu of disqualification, but the standard for qualifying is strict and the supporting evidence must be organized and persuasive. In addition to the official penalty, retailers often suffer reputational damage in their community, difficulty with landlords or lenders, and long-term business instability. Addressing the allegation aggressively and professionally at the earliest stage is critical to protecting your business.
Depending on your circumstances, USDA may also consider a civil money penalty (CMP) in lieu of disqualification, but the standard for qualifying is strict and the supporting evidence must be organized and persuasive. In addition to the official penalty, retailers often suffer reputational damage in their community, difficulty with landlords or lenders, and long-term business instability. Addressing the allegation aggressively and professionally at the earliest stage is critical to protecting your business.
USDA trafficking cases are usually built on EBT data and internal assumptions about how a legitimate store should operate. We request and review the full evidence packet, including EBT transaction spreadsheets, summary charts, investigative reports, photographs, and any undercover documentation.
We then compare that evidence against your store’s real-world operations: store layout, inventory mix, customer base, delivery patterns, and neighborhood factors. Many transactions that look suspicious in a spreadsheet have reasonable explanations when viewed in context. Our analysis is aimed at identifying those explanations and organizing them into a clear, credible response.
We then compare that evidence against your store’s real-world operations: store layout, inventory mix, customer base, delivery patterns, and neighborhood factors. Many transactions that look suspicious in a spreadsheet have reasonable explanations when viewed in context. Our analysis is aimed at identifying those explanations and organizing them into a clear, credible response.
We guide retailers through every stage of a SNAP trafficking case, from the first notice to final resolution. Our process typically includes:
- Initial assessment and deadline review: We review the charging letter or investigation notice, identify all response deadlines, and discuss your store operations and history.
- Evidence request and analysis: We obtain and carefully study USDA’s evidence, including EBT data and reports, and compare it with your store’s records and operations.
- Strategy and documentation plan: We identify alternative explanations for the alleged trafficking patterns, decide what documents, photos, and statements are needed, and outline how to present them.
- Drafting the written response: We prepare a detailed, organized answer that addresses USDA’s specific allegations and points to the supporting evidence.
- Follow-up and administrative review: We handle communications with USDA during the administrative process and advise you on further appeal options if USDA issues an unfavorable decision.
Well-meaning retailers often hurt their own cases by reacting quickly without understanding how USDA views trafficking evidence. Some common problems include:
- Sending short, emotional responses that do not address specific transaction patterns or attach supporting documents.
- Admitting to small policy violations, thinking it will “clear the air,” without realizing those statements may be used to support a trafficking finding.
- Ignoring deadlines or assuming they can “explain later,” which can result in decisions based solely on USDA’s version of events.
- Speaking directly with investigators without counsel, not realizing that informal conversations can become part of the case file.
Avoid these steps if you receive a trafficking notice:
- Do not ignore the letter or assume it is a mistake.
- Do not call USDA without first understanding your rights.
- Do not alter or discard any records.
- Do not submit a rushed response without evidence.
SNAP trafficking cases are handled largely on paper and through electronic exchanges, which allows us to represent retailers across the United States. We regularly work with store owners and managers who are hundreds or thousands of miles away from our physical office.
Most of our work together can be done by phone, secure email, and document sharing. We review your evidence, help you gather store records and photos, and prepare responses that can be submitted to USDA from your location. When in-person steps are needed, we discuss options and how they fit into the overall strategy for your case.
Most of our work together can be done by phone, secure email, and document sharing. We review your evidence, help you gather store records and photos, and prepare responses that can be submitted to USDA from your location. When in-person steps are needed, we discuss options and how they fit into the overall strategy for your case.
If you have received a SNAP trafficking investigation notice or charging letter, the decisions you make in the next few days can affect your business for years. Strict deadlines apply, and USDA will move forward whether you are ready or not.
An experienced SNAP trafficking defense attorney can help you understand the evidence against you, avoid common mistakes, and present the strongest possible case in your favor. We invite you to contact us to discuss your situation and learn what next steps make sense for your store. Initial consultations are typically conducted by phone or video for your convenience.
An experienced SNAP trafficking defense attorney can help you understand the evidence against you, avoid common mistakes, and present the strongest possible case in your favor. We invite you to contact us to discuss your situation and learn what next steps make sense for your store. Initial consultations are typically conducted by phone or video for your convenience.