Snap Defense

A Texas “intentional program violation” (IPV) Snap lawyer is usually a benefits-fraud defense lawyer who focuses on accusations that someone intentionally broke the rules of a government benefits program—most commonly SNAP (food stamps), but also sometimes TANF and WIC.

1. What is an “intentional program violation”?

In SNAP, an IPV means the person is accused of deliberately doing things like:

• Lying on an application or recertification (income, household members, address, etc.)

• Hiding facts that would reduce or stop benefits

• Selling or trading SNAP benefits/EBT card for cash or non-food items

• Using benefits for items that aren’t allowed (like alcohol or cigarettes)

• Doing anything that violates the SNAP statute or regulations to get, use, or traffic benefits

The key word is intentional – a mistake or misunderstanding is not an IPV (though the agency can still ask for repayment of overissued benefits).

2. What an IPV lawyer does for an individual recipient

For a person accused of SNAP/benefits fraud, an intentional program violation lawyer will typically:

a. Review the allegations and evidence

• Get the state agency’s case file (transaction data, applications, interview notes, investigator reports).

• Check whether the evidence actually shows intent or just unusual patterns (like multiple same-day purchases, whole-dollar transactions, or PIN errors, which some states misuse as “proof” of trafficking).

b. Explain your rights and options

• Whether to sign or refuse a waiver of hearing (many people sign without understanding they’re basically admitting an IPV).

• The differences between:

  • An administrative disqualification hearing

  • A court prosecution (criminal case)

  • Paying back benefits vs. fighting the allegation

c. Defend you at the hearing or in court

• Challenge the accuracy/interpretation of EBT transaction data.

• Present explanations (work schedule, shared shopping, cultural food buying patterns, etc.).

• Cross-examine investigators or caseworkers.

• Argue that the agency does not have “clear and convincing” evidence of intent, which is often required.

d. Fight the penalties

The lawyer is trying to prevent or reduce things like:

• Disqualification from SNAP:

  • 1 year for a first IPV

  • 2 years for a second

  • Permanent ban for a third, or for certain serious trafficking offenses

• Required repayment of “overissued” benefits

• Possible criminal charges, fines, probation, or even jail in serious cases

They may negotiate settlements, argue for a lower overpayment amount, or try to keep a case administrative (no criminal record) instead of criminal.

3. What an IPV lawyer does for stores and businesses

There’s a second category: lawyers who defend retailers accused of SNAP trafficking (e.g., corner stores, groceries, gas stations). They:

• Respond to USDA SNAP violation letters

• Challenge USDA’s transaction pattern analysis (e.g., lots of even-dollar sales, high-dollar transactions, or rapid repeat swipes)

• Defend against:

  • Permanent disqualification from SNAP

  • Civil money penalties (often tens of thousands of dollars)

• Help with appeals in federal court if USDA disqualifies the store

• Advise on compliance and staff training to prevent future issues

For a retailer, losing SNAP authorization can basically wipe out their business, so these lawyers are half-defense, half-“save the business” attorneys.

4. When it makes sense to call an IPV lawyer

It’s usually smart to talk to this kind of lawyer if:

• You get a letter mentioning “Intentional Program Violation,” “disqualification,” “trafficking,” or asking you to sign a hearing waiver.

• You’re told you owe a large overpayment because you “lied” or “failed to report” something.

• Your benefits were cut off or you’re banned, and you think it’s wrong.

• You’re a store owner who receives a SNAP violation notice from USDA.

Many legal aid offices or specialized firms do consultations for free or reduced cost, especially for low-income recipients.

5. Quick summary in plain English

An intentional program violation lawyer:

• Protects you when the government says you intentionally cheated on food stamps or other benefits.

• Checks if they really have proof that you meant to break the rules.

• Represents you at hearings or in court so you don’t accidentally admit guilt or agree to a lifetime ban.

• Tries to save your benefits or your store’s SNAP authorization, and reduce or eliminate the money they say you owe.

1. What “Intentional Program Violation” Means

In SNAP, an IPV is when a person knowingly and purposefully breaks SNAP rules to get benefits they are not entitled to. Federal regulations define an IPV as when someone, with deceitful intent:

• Makes a false or misleading statement

• Misrepresents, hides, or withholds facts (for example, not reporting income or a household member)

• Commits an act that violates SNAP laws or regulations, such as trafficking benefits (selling or trading them)

It’s not just a mistake or confusion—there must be intent to cheat the program.

2. Common Examples of IPV in SNAP

Examples that states commonly treat as IPV include:

• Lying on applications or recertifications

  • Not reporting a job or extra income

  • Saying someone moved out when they still live with you

• Failure to report changes on purpose

  • Knowing you must report increased income or a new household member but choosing not to

• Trafficking SNAP benefits

  • Selling your EBT card or PIN for cash

  • Exchanging SNAP benefits for drugs, alcohol, non-food items, or giving them to someone else for money

• Double dipping

  • Applying for and receiving SNAP in more than one state or under more than one identity

3. How the IPV Process Usually Works

Each state’s Department of Health/Human Services (or similar agency) has a fraud/IPV unit that investigates. The basic steps are:

1. Investigation

   • The agency reviews your case, wage matches, bank or employer records, and application forms.

   • If they think there is “clear and convincing evidence” you intentionally violated rules, they move forward.

2. Notice of Suspected IPV

   • You get a written notice explaining:

     • What they think you did

     • The time period involved

     • The potential penalties

   • Often this comes with a “Waiver of Right to Administrative Disqualification Hearing” form (sometimes just called an IPV waiver).

3. Your Options After Notice
   Typically, you may:

   • Request/attend an administrative disqualification hearing (ADH)

   • Sign the waiver (admitting the IPV and accepting the penalty without a hearing)

   • In more serious cases, the agency may refer the case for criminal prosecution instead of or in addition to an ADH.

Important: Signing a waiver usually means you are admitting an IPV and giving up your right to a hearing. Many legal advocates strongly recommend not signing until you’ve spoken with a lawyer or legal aid.

4. Your Rights if You’re Accused of IPV

If you receive an IPV notice, you generally have these rights (check your state’s specific rules, but they follow federal standards):

• Right to a fair hearing (ADH or court hearing)

  • To tell your side of the story

  • To explain mistakes, confusion, or lack of intent

• Right to see the evidence

  • You can ask for the documents they’re using against you

• Right to present evidence and witnesses

  • Pay stubs, letters, your own testimony, etc.

• Right to bring a representative

  • A lawyer or legal aid advocate (though the state doesn’t have to provide one for free)

• Right to appeal

  • If you lose the hearing, there is usually an appeal process outlined in your notice.

Attending the hearing will not result in you being arrested at the hearing itself; it’s an administrative process, not a criminal court proceeding.

5. Penalties for IPV

If the agency or a court finds that you committed an IPV, you face disqualification from SNAP for set periods under federal rules:

• First IPV: 12-month disqualification (1 year)

• Second IPV: 24-month disqualification (2 years)

• Third IPV: Permanent disqualification from SNAP

Harsher penalties apply in specific situations, for example:

• Trading SNAP for illegal drugs:

  • 2 years for first finding

  • Permanent for second

• Trading SNAP for firearms, ammunition, explosives:

  • Permanent disqualification on first finding

• Trafficking $500 or more in SNAP benefits:

  • Permanent disqualification

• Receiving SNAP in two places at once (fraudulent identity or residence):

  • 10-year disqualification

Only the person found to have committed the IPV is disqualified, but the household as a whole is still responsible for paying back any overpaid benefits.

6. Overpayments / Repayment

If an IPV is established, the agency will also create a claim for overpayment:

• This is the extra SNAP you received but shouldn’t have.

• The state can collect this by:

  • Reducing future SNAP benefits (if anyone in the household is still eligible)

  • Setting up a repayment plan

  • Intercepting state or federal tax refunds in some cases

  • Other collection methods allowed by law

IPV-related overpayments generally do not go away just because you are disqualified; the debt remains until repaid or otherwise resolved.

7. What to Do if You Get an IPV Notice

If you got a letter about an “Intentional Program Violation”:

1. Read the notice carefully

   • Note the deadline to request a hearing or respond.

2. Do not ignore it

   • If you do nothing, they may disqualify you by default and start collection.

3. Consider contacting legal aid

   • Many states have free or low-cost legal services that handle SNAP/IPV cases.

4. Gather your documents

   • Pay stubs, employer letters, proof of who lived in your home, any notices you received, etc.

5. Be cautious about signing waivers

   • Signing a waiver usually means you accept the IPV finding and penalty without a hearing.

SNAP-EBT training to avoid penalties

The Food and Nutrition Service (FNS) has sent out text messages reminding authorized users to stay up to date on proper SNAP-EBT training to avoid penalties. The texts went out Thursday, November 16, and will continue through today, Friday, November 17.

According to the website, “[FNS] expects Supplemental Nutrition Assistance Program (SNAP) authorized stores to have an established, operational compliance policy and program in place to prevent SNAP violations from occurring. Our goal is to ensure that all store owners fully understand and appreciate this responsibility and are aware of training resources.”

Adequate training includes:

A thorough review of FNS training materials and program rules
Documented initial training
Documented refresher training
Authorized users will receive the following text: “USDA: Make sure your staff is trained on SNAP-EBT rules. Learn more: fns.usda.gov/snap/retailer-reminder-training.”

SNAP customers are important to c-stores, and NACS is fighting for hot foods to be SNAP eligible items.

Americans relish the flexibility to purchase hot meals—such as a rotisserie chicken, soup or a hot sandwich—as they juggle multiple responsibilities. Americans who depend on SNAP need that type of flexibility as well. In fact, of the more than 42 million SNAP participants, approximately 70% are children, elderly or have disabilities. Removing the hot foods restriction is a commonsense update to modernize the program.

The Hot Foods Act (H.R. 3519) was introduced in the House with bipartisan support. NACS strongly supports the Hot Foods Act and removing the SNAP hot foods restriction in the upcoming Farm Bill.

SNAP-EBT training to avoid penalties