If you’re a retailer who accepts EBT at your retail store, then it’s possible have received a official warning from the USDA. The letter is most likely a SNAP violation letter, which is stating you have violated the SNAP program. The government will attach a number of pages to the SNAP violation letter, and it will contain transactions which occurred at your retail store that the USDA is saying violates one or more groups of violations.
After you get a SNAP violation letter, 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 USDA will suspend your stores ability to accept EBT payments.
About The SNAP Program
The SNAP program provides families with get food each month. These benefits are given through an EBT card. The funds on the card are not for general usage, and they can’t be used for fraudulent cash back services. The cards took over for food stamps in the 1990’s and are issued by each state individually which the SNAP participant lives. The program is operated on a nationwide level by the federal government.
The government and it’s benefits 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 grocery store violates any of the following rules.
The store was involved intrafficking SNAP benefits. This can mean fraudulently accepting the benefits, or stealing the benefits.
The grocery store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false info on your retail stores application to accept EBT benefits.
Your grocery store redeemed more coupons than sale of actual food during the same period.
The employees of the store have taken SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
How to defend your store against a SNAP violation
Our law firm has experience handling SNAP violations letters. Our law firm can handle your SNAP Violation appeal in all phases of a SNAP violation action.
The charging letter is the first step which is going to be taken by USDA to remove your EBT license. This comes with no warning and can appear at any time. The charging letter will contain allegations, but most letters will lay out violations, with an attachment of details. You have only 10 days to respond. Once you hire our law firm, our lawyers take into their hands 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 SNAP violation letter, the USDA may still believe that your store has violated the rules. If this happens, they’ll will issue another letter which specifically states their legal verdict to suspend or disqualify the retail store based on the accusations previously mentioned. Like before, you have 10 days to protest this decision. If you choose not to, you’ll be stuck with the USDA decision. Once you hire our firm, we’ll file the necessary paperwork to notify them we are going to appeal their decision. Our lawyers collect necessary evidence, and we will draft draft the necessary appeals briefs containing all of the case law, legal evidence, etc. which is needed to change the outcome of the violations.
In the event the USDA refuses to override the legal decision, in the Administrative Review, we’ll file a Judicial review at the local Federal District 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 law firm can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there’s a lot of rules and regulations which you have to adhere to for EBT. In most normal situations, many retail store owners have no problems adhering to them. However, USDA’s SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, people getting SNAP benefits cant get electronic goods. If, and when, you violate the laws, you should expect getting a SNAP violation letter. Penalties of violating SNAP can include fines and penalties. If it’s believed you did a serious violation, then you may end up with either a permanent or temporary disqualification. In most cases, owners of grocery stores don’t know the violations were even occurring. Often, dishonest employees are misusing the SNAP EBT program. If you’re accused of a SNAP violation to speak with a SNAP violation lawyer in order to ensure 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 will permanently crush your store. In addition, the USDA will deliver 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 SNAP appeals lawyers will challenge the decision of the USDA and appeal any decision. 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 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 violations were filed.
The retailer must 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 to see if the 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 grocery store owner that receives a violation 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