If you accept EBT at your retail store, then it’s possible have gotten a official warning from the USDA. The notification is most likely a SNAP violation letter, which is claiming you violated the SNAP program. The USDA will attach a number of pages to the SNAP violation notice, which will have transactions that occurred at your retail store which the government is saying is in violation of one or more categories of violations.
The first thing after you get a SNAP violation notice, you should definitely speak to our our legal team. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the government will suspend your stores privilege to accept EBT payments.
About The Program
This program provides families with funds to buy food each month. The SNAP program benefits are distributed to consumers via an EBT card. The benefits on the EBT card aren’t for general usage, and they can’t be used for cash back transactions. The cards took the place of food stamps in the 1990’s and the card is issued in the state where the recipient lives. The SNAP program is operated on a national level by the federal government.
This federal 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 does it mean to have a SNAP violation
Snap violations occur when a grocery store violates any of the following rules.
The retail store is accused oftrafficking SNAP benefits. Examples of this is fraudulently accepting 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 information on the grocery stores application to accept EBT benefits.
The grocery store took money for more coupons than sale of actual food during the same period.
Your employees have taken SNAP benefits from someone who isn’t eligible to use the benefits.
How we can help defend you against a SNAP violation notice
Our law firm has experience handling SNAP appeals letters. Our team of attorneys can handle your SNAP Violation appeal in all 3 phases of a SNAP violation action.
Sending the letter is the first step which is taken by the USDA USDA to take away your right to take EBT benefits. This letter may come with, or without, prior warnings and can appear at any time. The charging letter will contain allegations, but most of them will lay out serious allegations, have evidence attached proving the violations. You have only 10 days to respond. Once you hire our law firm, our lawyers 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 violation letter, the USDA may still feel that a violation has occurred. If this happens, the USDA will issue a second letter which outlines the governments legal verdict to suspend or disqualify the store based on the accusations previously mentioned. You have 10 days to appeal this. If you choose not to, you’ll be stuck with the USDA decision. After you hire our law firm, we file the necessary paperwork to notify the USDA we are going to appeal their decision. Our lawyers gather necessary evidence, and we will draft generate an appellate brief containing all of the legal laws, evidence, etc. which is needed to overturn the decision.
In the event 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 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 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, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant get electronic goods. If you violate the laws, you’ll get a SNAP violation letter. Snap violation penalties can result in fines, and 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 don’t even know the violations were even happening. In many situations, dishonest employees are misusing the SNAP program. If you’re accused of a SNAP violation to discuss your case with a SNAP violation appeals lawyer to make sure you don’t have your benefits revoked.
When a charge letter is sent to your store, you only have 10 days to respond to the claims. Failure to respond will permanently crush your store. In addition, the USDA will generate a verdict even though you don’t respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers can challenge the findings of the USDA and appeal any penalties. The financial penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose chooses to impose large fines to curb violations. The USDA look to see if you have a store compliance policy. The policy must be in writing and the policy must be at the time the allegations were filed.
The retailer also 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 will also look in order to check if the grocery store owners benefited from the violations, or if the business owners were aware of the fraud. Any involvement of the management can lead to disqualification.
We highly recommend any store that receives a letter consult 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