If you accept EBT at your retail store, then may have received a official notice from the USDA. This notification is most likely a SNAP violation notice, which is stating you are in violation of the SNAP program. The USDA will attach a number of pages to the SNAP violation letter, which will contain transactions which happened at your retail store which the government claims 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 USDA will suspend your stores ability to accept EBT payments.
About The SNAP Program
The SNAP program helps families with a certain amount of money each month. The SNAP program benefits are distributed with an EBT card. The benefits on this card are not 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 in the state where the recipient lives. This program is operated on a national level by the government.
This federal and it’s parameters are governed by the United States Code and the Code of Federal Regulations. The USDA FNS agency enforces the regulations and runs the program.
What counts as a SNAP violation
Snap violations happen if and when a grocery store is in violation of the rules below.
The store was involved inthe trafficking of SNAP benefits. This can mean fraudulently accepting the benefits, or theft of the benefits.
The retail store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect information on your retail stores application to accept EBT benefits.
The grocery store redeemed more EBT food stamps than food sales over the same period.
The employees of the store have taken SNAP benefits from someone who shouldn’t be allowed to use the benefits.
How to defend your store against a SNAP violation
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 violation letter is the first step taken by the USDA to remove your EBT license. This comes with no warning can come at any time. The violation letter will have allegations in it, but most letters will mention serious allegations, 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 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 violation letter, the USDA may still believe that your store has violated the rules. If this happens, the USDA will definitely send a second letter which specifically states the agencies decision to suspend or disqualify the retail store based on the allegations set forth. You have 10 days to appeal this. If you don’t, then you’ll be unable to protest the USDA decision. After you hire our law firm, we’ll file the appeal to notify them appeal the decision. We’ll collect necessary evidence, and our team will generate the necessary appeals briefs which contains 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 override the violation claim, in the Administrative Review, we will file a Judicial review at the local Federal District Court. This process is like a normal federal 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 have to obey in order to accept 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 limits on how the funds can be used. For example, people getting SNAP benefits cant buy electronic goods. If you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can result in severe and business crushing penalties. If you conduct a major violation, then you may end up with a temporary or permanent disqualification. In many situations, owners of grocery stores don’t even know SNAP violations are even occurring. In many situations, it’s dishonest employees who are misusing the SNAP EBT program. It’s helpful to discuss your case with a SNAP violation lawyer to ensure sure you don’t have your benefits revoked.
When a charge letter is delivered to your store, you only have 10 days to respond to the claims. Your failure to respond to the allegations will permanently harm your store. In addition, the USDA will generate a verdict even if you choose not to respond to the allegations. In the absence of a SNAP violation attorney, you cannot defend your store. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers can discredit the findings of the USDA and fight any decision. The fines imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose imposes large fines to in order to curb future violations. The USDA will typically look to see if you have a compliance policy in place. The policy must be in writing and in effect when the allegations were filed.
The store owner must has to 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 typically also looks in order to check if the retail store owners benefited from the violations, or if the business owners were aware of the fraud. If the management was involved it can lead to disqualification.
We highly recommend any owner that gets a 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