If you accept EBT at your retail store, then you might have received a official notice from the USDA. This letter is probably a SNAP violation notice, which is claiming you have violated the SNAP program. The government will attach a number of pages to the SNAP violation letter, and it will have transactions that occurred at your store that the government is saying violates one or more categories of violations.
The first thing after you get a SNAP violation letter, you must contact 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 privilege to accept EBT.
About The Program
The SNAP program helps families with money each month. These benefits are distributed via an EBT card. The SNAP benefits on the card are not for general use, and they cannot be used for fraudulent cash back transactions. The EBT cards took the place of food stamps in the 1990’s and the card is issued by each state individually where the recipient lives. This program is operated on a nationwide level by the government.
This program and the benefits that come with it 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 violations occur if and when a grocery store violates any of the following rules.
The store was involved inthe trafficking of SNAP benefits. This can mean fraudulently accepting the benefits, or stealing the benefits.
Your grocery store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect info on the store’s application to accept EBT benefits.
The store took money for more EBT food stamps than sale of actual food at the same time.
Your employees have taken SNAP benefits from someone who isn’t allowed to use them.
How we can help defend you against a SNAP violation notice
Our law firm has immense experience handling SNAP violations letters. We can handle your SNAP violation process in all 3 phases of a SNAP Violation action.
The charging letter is the first 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 will have allegations in it, but most of them will mention 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, we handle 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 a violation has occurred. If that happens, the USDA will issue a second letter that specifically states their legal verdict to suspend or disqualify the store based on the accusations previously mentioned. Like before, you have 10 days to protest this verdict. If you choose not to, you’ll be unable to protest the USDA decision. After you hire our firm, we’ll file the legal papers to notify the government appeal the decision. Our lawyers collect necessary evidence, and we will draft generate an appellate brief which contains all of the legal laws, legal evidence, etc. which is critical to change the outcome of the violations.
If the USDA refuses to overturn the binding decision, in the Administrative Review, we’ll file a Judicial review at the local Federal District Court. This next phase is like a normal 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 cases, many retail store owners have no issues adhering to them. However, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limits on how the funds can be used. For example, people getting SNAP benefits cant purchase electronic goods. As a retailer, if you violate the laws, you’ll 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 SNAP violation, then you might end up with a temporary or permanent disqualification. In many situations, store owners don’t even know the violations are even occurring. In many situations, 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 attorney to make sure you don’t have your benefits revoked.
When a SNAP violation letter is delivered to your store, you only have 10 days to respond to the claims. Failure to respond to the allegations will permanently harm your store. In addition, the USDA will make a verdict even if you don’t respond to the allegations. In the absence of a SNAP violation attorney, you won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you a fighting change. Our lawyers will challenge the findings of the USDA and fight any penalties. The fines imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully does huge fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. The policy has to be in writing and the policy must be at the time the allegations were filed.
The retailer must has to be able to prove the compliance policy was in place before the charge, 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 were aware of the violation. If the managers were involved, it can lead to disqualification.
We highly recommend any 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