If you accept EBT at your retail store, then it’s possible have been the recipient of a a letter from the USDA. This notification is probably a SNAP violation notice, which is stating you have violated the SNAP program. The government will include proof to the SNAP violation notice, and it will contain records of transactions that occurred at your retail store that the USDA is saying violates one or more categories of violations.
The first thing after you get a SNAP violation notice, you should speak to our our law firm. Remember, you have only ten days to respond to the letter. If you choose to ignore, the USDA will terminate/suspend your stores ability to take EBT.
About The SNAP Program
The SNAP program helps families with funds to buy food each month. These benefits are distributed to consumers through an EBT card. The funds on the card are not for general usage, and they cannot be used for fraudulent cash back transactions. The EBT cards took over for food stamps in the 1990’s and the card is issued by each state individually where the consumer lives. The program is operated on a national level by the government.
The federal and it’s benefits are under handled by the US Code and the Code of Federal Regulations. The USDA FNS agency enforces the regulations and runs the program.
What does it mean to have a SNAP violation
SNAP legal violations happen when a store violates any of the rules below.
The grocery store took part inthe trafficking of SNAP benefits. This can mean fraudulently accepting taking the benefits, or theft of the benefits.
The retail store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false information on the grocery stores application to accept EBT benefits.
The grocery store redeemed more coupons than actual food sales at the same time.
The employees of the store took SNAP benefits from someone who isn’t allowed to use them.
Defending against a SNAP Violation Letter
Our law firm has immense experience managing SNAP violations letters. We can handle your SNAP Violation appeal in all 3 phases of a SNAP action.
Sending the violation letter is the initial step which is taken by the USDA USDA to remove your EBT license. This letter may come with no warning and can appear at any time. The violation letter will have allegations in it, but most letters will outline serious allegations, have evidence attached proving the violations. Your response to the SNAP violation letter is due within 10 days. After you hire our law firm, our lawyers take into their hands all of the communicationswith the USDA and for compiling all the necessary evidence, and drafting a response to the USDA.
After reviewing the store’s answer to the notice of violation, the USDA may still believe that your store has violated the rules. If this happens, the USDA will issue another letter that outlines their decision to suspend or disqualify the retail store based on the alleged violations. You have 10 days to appeal this. If you choose not to, you’ll be stuck with the USDA decision. Once you hire our firm, we file the necessary paperwork to notify them we are going to appeal their decision. Our lawyers collect necessary evidence, and our team will draft the necessary appeals briefs containing all of the case law, evidence, etc. which is critical to overturn the decision.
If the USDA refuses to change the violation claim, in the Administrative Review, our lawyers will file a Judicial review at the local Federal Court. This process is like a normal court case, where you’ll be able to do discovery, file motions, and have a trial. Our law firm can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there are many laws which you have to adhere to for EBT. In most normal situations, many retail store owners don’t run into problems. However, USDA’s SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limits on how the funds can be used. For example, SNAP recipients cant get electronic goods. As a retailer, if you violate the laws, you’ll get a SNAP violation letter. Snap violation penalties can result in fines, and penalties. If you conduct a serious violation, then you may end up with either a permanent or temporary disqualification. In most cases, store owners didn’t even know the violations are even occurring. Often, it’s dishonest employees who are misusing the SNAP EBT program. If you’re accused of a SNAP violation to consult with a SNAP violation appeals lawyer in order to ensure sure you don’t have your benefits revoked.
When a charge letter is delivered to your retail store, you only have 10 days to respond to the violations. Failure to respond to the violations will permanently harm your store. If you don’t respond the USDA will make a verdict even though you choose not to respond to the allegations. Without legal experience, you cannot defend your store. Hiring a SNAP violation lawyer gives you a fighting change. Our lawyers will fight the findings of the USDA and appeal any decision. The financial penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully chooses to impose huge fines to curb violations. The USDA will look to see if you have a store compliance policy in place. The policy has to be in writing and the policy must be when the violations were filed.
The store owner must be able to prove the above mentioned policy was in place before the charge, and wasn’t drafted after the violation was made. The USDA typically also looks to check if the retail store owners benefited in any way from the fraud, or if the business owners were aware of the fraud. If the management was involved it can lead to disqualification.
It’s highly recommended any store owner that receives a allegation letter speak to with a SNAP violation attorney. Failure can result in negative consequences. The USDA is required by Congress to issue a disqualification for a period of up to 5 years. This can result in huge losses which are hard to recover from.
An awesome firm that truly cares about you. I thought I could handle the USDA on my own, but failed. Todd intervened and helped fix my mistakes.
- Denton, CLIENT Denton