If you accept EBT at your retail store, then may have gotten a official warning from the USDA. The notification is most likely a SNAP violation notice, 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 have records of transactions which happened at your store which the USDA claims is in violation of one or more categories of violations.
After you get a SNAP violation notice, 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 terminate/suspend your stores privilege to accept EBT payments.
About The Program
This program helps families with funds to buy food each month. These benefits are given through an EBT card. The SNAP benefits on this card cannot legally be used for general use, and they cannot be used for fraudulent cash back transactions. The cards took over for food stamps in the 1990’s and the card is issued by each state individually which the SNAP participant lives. The program is run on a nationwide level by the federal government.
The 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 store violates any of the rules below.
The store was involved intrafficking SNAP benefits. Examples of this is fraudulently accepting the benefits, or theft of the benefits.
The retail store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect information on your store’s application to accept EBT benefits.
Your grocery store took money for more EBT food stamps than sale of actual food 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 we can help defend you against a SNAP violation notice
Our law firm has experience handling SNAP violation letters. We 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 EBT license. The letter can come with, or without, prior warnings and can happen at any time. The violation letter will contain allegations, but most letters 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, our lawyers handle 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 violation letter, the USDA might still decide that your store has violated the rules. If this happens, the USDA will 100% issue another letter that specifically states the agencies decision to suspend or disqualify the grocery store based on the allegations set forth. Like before, you have ten days to appeal this decision. If you don’t, then you’ll be unable to protest the USDA decision. After you hire our firm, we file the appeal and notify the government we are going to appeal their decision. Our lawyers gather necessary evidence, and we will draft draft an appellate brief containing all of the case law, evidence, etc. which is necessary to change the outcome of the violations.
If the USDA refuses to override the legal decision, in the Administrative Review, we will file a Judicial review at the local Federal Court. This next phase is like a normal federal court case, where you’ll have to do standard processes like 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 you have to adhere to for EBT. In most normal situations, many retail store owners have no issues adhering to them. However, the SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, people getting SNAP benefits cant buy electronic goods. If, and when, you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can result in severe fines. If you conduct a serious SNAP violation, then you may end up with a temporary or permanent disqualification. In most cases, store owners don’t know the violations were even happening. In many situations, dishonest employees 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 sent to your retail store, you have only ten days to respond to the claims. Failure to respond to the violations will permanently harm your store. If you don’t respond the USDA will generate a verdict even though you don’t respond to the allegations. In the absence of a SNAP violation attorney, you cannot defend your store. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers will discredit the decision of the USDA and fight any decision. The fines imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully does large fines to curb violations. The USDA will look to see if you have a store compliance policy in place. The policy must be in writing and the policy must be when the allegations were filed.
The grocery store also has to be able to prove the compliance policy was in existence before the allegations, and was not drafted after the violation letter. The USDA typically also looks in order to see if the retail store owners benefited in any way from the fraud, or were aware of the violation. Any involvement of the management 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