If you’re a retailer who accepts EBT at your grocery store, then you might have been the recipient of a a letter from the USDA. This letter is most likely a SNAP violation notice, which is stating you violated the SNAP program. The USDA will include proof to the SNAP violation notice, and it will contain records of transactions that occurred at your store which the USDA is saying violates one or more categories of violations.
After you get a SNAP violation notice, you should contact our law firm. Remember, you have only ten days to respond to the letter. If you don’t respond, the USDA will suspend your stores ability to accept EBT.
About The Program
This program helps families with get food each month. The SNAP program benefits are distributed to consumers through an EBT card. The benefits on this card cannot legally be used for general usage, and they cannot be used for fraudulent cash back transactions. The EBT cards took the place of food stamps in the 1990’s and are issued by each state individually where the consumer lives. This program is run on a national level by the federal government.
This program and the benefits that come with it 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 retail store violates any of the rules below.
The retail store is accused oftrafficking SNAP benefits. Examples of this is fraudulently accepting benefits, or stealing the benefits.
The grocery store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false info on the retail stores application to accept EBT benefits.
Your store redeemed more coupons than actual food sales at the same time.
Your employees have taken SNAP benefits from someone who isn’t eligible to use the benefits.
Defending against a SNAP Violation Letter
Our law firm has immense experience handling SNAP violations letters. We can handle your SNAP violation process in all phases of a SNAP violation action.
The charging letter is the initial step which is going to be taken by USDA to remove your right to take EBT benefits. The letter can come with no warning can come at any time. The charging letter has a variety of allegations, but most letters will mention violations, and have attached documents detailing the violations. You have only 10 days to respond. Once 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 decide that your store has violated the rules. If that happens, they’ll will 100% issue a second letter that specifically states their legal verdict to suspend or disqualify the store based on the allegations set forth. You have 10 days to appeal this. If you choose not to, then you’ll be stuck with the USDA decision. Once you hire our law firm, our team the legal papers to notify the government appeal the decision. We’ll collect necessary evidence, and our team will draft the necessary appeals briefs which contains all of the legal laws, legal evidence, etc. which is needed to change the outcome of the violations.
If the USDA refuses to override the violation claim, in the Administrative Review, we’ll file a Judicial review at the local Federal District Court. This process is like a normal court case, where you’ll be able to do discovery, file motions, and have a trial. Our attorneys can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there’s a lot of rules and regulations you have to adhere to for EBT. In most normal situations, many grocery store owners have no issues adhering to them. 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 probably get a SNAP violation letter. Penalties of violating SNAP can result in severe and business crushing penalties. If it’s believed you did a serious violation, then you might end up with a temporary or permanent disqualification. In most cases, store owners didn’t know SNAP violations were even happening. In many situations, unethical employees are misusing the SNAP EBT program. If you’re accused of a SNAP violation to speak with a SNAP violation lawyer to make sure you don’t have your benefits revoked.
When a SNAP violation letter is delivered to your retail store, you only have 10 days to respond to the violations. Failure to respond will permanently crush your store. In addition, the USDA will generate a verdict even if you choose not to respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers will challenge the decision of the USDA and appeal any decision. The penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose imposes huge fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. It has to be in writing at the store and the policy must be when the violations were filed.
The retailer must has to be able to prove the above mentioned policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA will also look to see if the owners benefited in any way from the fraud, or if the owners were aware of the fraud. Any involvement of the management can lead to disqualification.
It’s highly recommended any store owner that receives a violation 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