If you accept EBT at your grocery store, then may have received a official warning from the USDA. This notification is probably a SNAP violation notice, which is claiming you have violated the SNAP program. The USDA will attach a number of pages to the SNAP violation letter, which will have transactions that occurred at your retail store that the government claims violates one or more groups of violations.
The first thing after you get a SNAP violation letter, you should definitely speak to our our legal team. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the USDA will suspend your stores privilege to accept EBT.
About The Program
This program helps families with money each month. These benefits are distributed with an EBT card. The funds on this card cannot be used for general usage, and they can’t be used for fraudulent cash back services. The EBT 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 SNAP program is operated on a national level by the government.
The SNAP government and it’s parameters are governed by the US Code and the Code of Federal Regulations. The USDA FNS agency enforces the regulations and runs the program.
What’s a SNAP Violation
SNAP legal violations happen when a store violates any of the rules below.
The retail store was involved inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting the benefits, or theft of the benefits.
Your retail store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false information on the grocery stores application to accept EBT benefits.
Your grocery store took money for more coupons than food sales during the same period.
Your employees accepted SNAP benefits from someone who isn’t allowed to use them.
Defending against a SNAP Violation Letter
Our law firm has experience handling SNAP appeals letters. Our law firm can handle your SNAP Violation appeal in all phases of a SNAP violation action.
Sending the letter is the first step taken by the USDA to take away your EBT license. This letter may come with no warning and can happen at any time. The violation letter will have allegations in it, but most letters will mention 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 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 SNAP violation letter, the USDA may still decide that your store has violated the rules. If that happens, they’ll will issue a second letter which specifically states the agencies decision to suspend or disqualify the grocery 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. Once you hire our law firm, we file the appeal and notify them appeal the decision. Our lawyers gather necessary evidence, and we will draft draft an appellate brief which contains all of the case law, evidence, etc. which is critical to change the outcome of the violations.
If the USDA refuses to change the decision, in the Administrative Review, we’ll file a Judicial review at the local Federal District Court. This process is like a normal case, where you’ll be able to do discovery, file motions, and have a trial. We can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there’s a lot of rules and regulations have to obey in order to accept 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 limitations. For example, people getting SNAP benefits cant purchase electronic goods. If, and when, you violate the laws, you’ll get a SNAP violation letter. Penalties of violating SNAP can result in fines, and penalties. If you conduct a serious SNAP violation, then you might end up with either a permanent or temporary disqualification. In most cases, store owners didn’t even know the violations are even happening. Often, it’s dishonest employees who are misusing the SNAP EBT program. It’s helpful to discuss your case with a SNAP violation attorney in order to make sure you don’t have your benefits revoked.
When a charge letter is delivered to your grocery store, you have only 10 days to respond to the allegations. Your failure to respond to the violations will permanently crush your store. In addition, the USDA will generate a verdict even if you choose not to respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers will challenge the decision of the USDA and appeal any penalties. The penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully does large fines to curb violations. The USDA look to see if you have a store compliance policy. It must be in writing and in effect when the allegations were filed.
The grocery store also 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 grocery store owners benefited in any way from the fraud, or if the business owners were aware of the fraud. Any involvement of the management can lead to disqualification.
It’s highly recommended any owner that gets 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