If you’re a retailer who accepts EBT at your retail store, then it’s possible have received a letter of warning from the USDA. The letter is probably a SNAP violation letter, which is claiming 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 records of transactions that occurred at your grocery store which the USDA claims is in violation of 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 choose to ignore, the USDA will terminate/suspend your stores privilege to take EBT.
About The Program
This program provides families with money each month. The SNAP program benefits are distributed through an EBT card. The benefits on the card cannot be used for general usage, and they can’t be used for fraudulent cash back services. The cards took the place of food stamps in the 1990’s and the card is issued by each state individually where the consumer lives. The SNAP program is operated on a nationwide level by the federal government.
The federal and the benefits that come with it are under handled by the United States 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 happen if and when a grocery store violates any of the rules below.
The grocery store took part inthe trafficking of SNAP benefits. This can mean fraudulently accepting the benefits, or stealing the benefits.
The grocery store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false info on the store’s application to accept EBT benefits.
The store redeemed more EBT food stamps than actual food sales during the same period.
The employees of the store took SNAP benefits from someone who isn’t eligible to use the benefits.
How to defend your store against a SNAP violation
Our law firm has experience handling SNAP appeals letters. Our law firm can handle your SNAP violation process in all 3 phases of a SNAP violation action.
Sending the letter is the first step which is taken by the USDA USDA to remove your right to take EBT benefits. The letter can come with no warning and can appear at any time. The violation letter has a variety of allegations, but most of them will detail violations, and have attached documents detailing the violations. Your response to the SNAP violation letter is due within 10 days. After you hire our law firm, we 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 notice of violation, the USDA may still decide that your store has violated the rules. If this happens, the USDA will 100% issue another letter that outlines their decision to suspend or disqualify the retail store based on the allegations set forth. Like before, you have ten days to appeal the decision. If you don’t, you’ll be stuck with the USDA decision. After you hire our firm, we’ll file the legal papers to notify the USDA appeal the decision. Our lawyers gather necessary evidence, and we will draft generate the necessary appeals briefs containing all of the case law, evidence, etc. which is necessary to fix the outcome.
If the USDA refuses to overturn the legal decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal Court. This process is like a normal 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 food 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 don’t run into problems. 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. If you violate the laws, you’ll get a SNAP violation letter. Snap violation penalties can include fines and penalties. If you conduct a serious violation, then you might end up with either a permanent or temporary disqualification. In many situations, store owners didn’t even know SNAP violations are even happening. Often, it’s dishonest employees who are misusing the SNAP program. It’s helpful to discuss your case with a SNAP violation attorney to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is delivered to your grocery store, you only have 10 days to respond to the violations. Failure to respond to the violations will permanently crush your store. If you don’t respond 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 the ability to fight for your rights. Our lawyers will fight the decision of the USDA and appeal any decision. The financial penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose imposes huge fines to in order to curb future violations. The USDA will typically look to see if you have a compliance policy in place. It must be in writing at the store and in effect at the time the allegations were filed.
The retailer also be able to prove the compliance policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA will also look in order 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 grocery store owner that receives a letter speak to with a SNAP violation attorney. Choosing not to respond 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