If you’re a retailer who accepts EBT at your grocery store, then you might have been the recipient of a a official notice from the USDA. The notification is probably a SNAP violation notice, which is stating you are in violation of the SNAP program. The government will attach a number of pages to the SNAP violation letter, and it will contain transactions that occurred at your grocery store which the government is saying violates one or more genres of violations.
The first thing after you get a SNAP violation letter, you should definitely speak to our our legal team. Remember, you have only ten days to respond to the letter. If you choose to ignore, the government will suspend your stores privilege to accept EBT payments.
About The Program
The SNAP program provides families with funds to buy food each month. These benefits are distributed to consumers via an EBT card. The benefits on the card cannot be used for general use, and they cannot be used for fraudulent cash back services. The cards took over for food stamps in the 1990’s and are issued by each state individually where the consumer lives. This program is operated on a national level by the government.
The federal and it’s benefits are governed by the US Code and the Code of Federal Regulations. The USDA FNS agency enforces the regulations and runs the program.
What’s a SNAP Violation
SNAP legal violations occur if and when a retail store violates any of the following rules.
The store was involved inthe trafficking of SNAP benefits. This can mean fraudulently accepting taking the benefits, or stealing the benefits.
The retail store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect info on your grocery stores application to accept EBT benefits.
Your store redeemed more EBT food stamps than food sales over the same period.
The employees of the store took SNAP benefits from someone who isn’t allowed to use them.
How to defend your store against a SNAP violation
Our law firm has immense experience handling SNAP appeals letters. Our law firm can handle your SNAP Violation appeal in all phases of a SNAP Violation action.
Sending the letter is the initial step taken by the USDA to take away your EBT license. This comes with, or without, prior warnings and can appear at any time. The charging letter will contain allegations, but most of them will lay out violations, have evidence attached proving the violations. Your response to the SNAP violation letter is due within 10 days. 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.
Once the USDA reviews your answer to the SNAP violation letter, the USDA might still decide that your store has violated the rules. If that happens, they’ll will definitely send another letter that specifically states their legal verdict 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, our team the necessary paperwork and notify the government we are going to appeal their decision. We’ll collect necessary evidence, and we will draft generate an appellate brief containing all of the case law, legal evidence, etc. which is critical to change the outcome of the violations.
In the event the USDA refuses to change the binding decision, in the Administrative Review, we’ll 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 grocery store retailer, there’s a lot of rules and regulations which you have to adhere to for EBT. In most cases, 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 limitations. For example, people getting SNAP benefits cant purchase electronic goods. If, and when, you violate the laws, you’ll get a SNAP violation letter. Penalties of violating SNAP can result in severe fines. If it’s believed you did 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 were even occurring. In many situations, unethical employees are misusing the SNAP EBT program. If you’re accused of a SNAP violation to discuss your case with a SNAP violation attorney to make sure you don’t have your benefits revoked.
When a charge letter is presented to your grocery store, you only have 10 days to respond to the claims by the USDA. Your failure to respond will permanently harm your store. If you don’t respond the USDA will deliver a verdict even though you don’t respond to the allegations. Without legal experience, you cannot defend your store. Hiring a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers can discredit the decision of the USDA and fight any penalties. The financial penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose chooses to impose huge fines to in order to curb future violations. The USDA will look to see if you have a store compliance policy in place. It must be in writing and the policy must be when the allegations were filed.
The grocery store also be able to prove the compliance 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 from the violations, or if the business owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
It’s highly recommended any store that receives a letter consult 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