If you’re a retailer who accepts EBT at your grocery store, then it’s possible have received a official warning from the USDA. This notice is most likely a SNAP violation letter, which is stating you violated the SNAP program. The government will include proof to the SNAP violation letter, and it will have records of transactions that happened at your store which the government claims violates one or more groups of violations.
The first thing after you get a SNAP violation letter, you should contact 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 grocery store’s ability to take EBT.
About The Program
The SNAP program helps families with money each month. The SNAP program benefits are distributed with an EBT card. The benefits on this card cannot be used for general use, and they can’t be used for fraudulent cash back services. 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. The SNAP program is operated on a national level by the government.
This government and it’s parameters 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 counts as a SNAP violation
SNAP legal violations occur if and when a retail store is in violation of the following rules.
The retail store is accused ofthe trafficking of SNAP benefits. Examples of this is fraudulently accepting benefits, or stealing the benefits.
The retail store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect information on the store’s application to accept EBT benefits.
The store redeemed more EBT food stamps than food sales during the same period.
The employees of the store took SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
Defending against a SNAP Violation Letter
Our law firm has immense experience handling SNAP appeals letters. We can handle your SNAP Violation appeal in all phases of a SNAP action.
The charging letter is the initial step which is going to be taken by USDA to remove your EBT license. The letter can come with no warning and can appear at any time. The violation letter contain details about alleged violations, but most letters will outline serious allegations, 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 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 believe that your store has violated the rules. If that happens, they’ll will definitely send a second letter which specifically states their decision to suspend or disqualify the store based on the allegations set forth. Like before, you have ten days to appeal the decision. If you choose not to, then you’ll be stuck with the USDA decision. Once you hire our lawyers, we’ll file the necessary paperwork to notify the government we are going to appeal their decision. Our lawyers collect necessary evidence, and we will draft draft an appellate brief which contains all of the case law, evidence, etc. which is critical to overturn the decision.
In the event the USDA refuses to override the binding decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal 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 lawyers 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 cases, many grocery store owners have no problems 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, SNAP recipients cant purchase electronic goods. If, and when, you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can result in severe and business crushing penalties. If it’s believed you did a major SNAP violation, then you might end up with a temporary or permanent disqualification. In most cases, owners of grocery stores don’t even know the violations are even happening. In many situations, it’s dishonest employees who are misusing the SNAP program. If you’re accused of a SNAP violation to speak with a SNAP violation appeals lawyer in order to make sure you don’t have your benefits revoked.
When a SNAP violation letter is presented to your grocery store, you only have ten days to respond to the violations. Failure to respond to the violations will permanently crush your store. In addition, the USDA will deliver a verdict even though you choose not to 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 challenge the findings of the USDA and fight any penalties. The financial penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully imposes huge fines to curb violations. The USDA look to see if you have a store compliance policy. The policy has to be in writing and the policy must be at the time the violations were filed.
The store owner also be able to prove the above mentioned policy was in existence before the allegations, and was not drafted after the violation letter. The USDA typically also looks to check if the owners benefited from the violations, or were aware of the violation. If the management was involved it can lead to disqualification.
We highly recommend any store owner that gets a allegation 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