If you’re a retailer who accepts EBT at your retail store, then you might have received a official notice from the USDA. This letter is most likely a SNAP violation notice, which is alleging you violated the SNAP program. The government will attach a number of pages to the SNAP violation letter, and it will have transactions which occurred at your store which the government is saying is in violation of one or more categories of violations.
The first thing after you get a SNAP violation notice, you must speak to our our legal team. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the government will terminate/suspend your stores ability to accept EBT.
About The SNAP Program
This program provides families with funds to buy food each month. These benefits are distributed to consumers with an EBT card. The funds on the card cannot be used for general use, and they cannot be used for cash back services. The cards took the place of food stamps in the 1990’s and the card is issued by each state individually where the consumer lives. The SNAP program is run on a nationwide level by the government.
The SNAP federal and the benefits that come with it are under handled 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 occur if and when a grocery store violates any of the rules below.
The store was involved intrafficking SNAP benefits. Examples of this is fraudulently accepting benefits, or theft of the benefits.
Your grocery store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect information on the store’s application to accept EBT benefits.
The grocery store redeemed more coupons than sale of actual food at the same time.
The employees of the store have taken SNAP benefits from someone who isn’t eligible to use the benefits.
How we can help defend you against a SNAP violation notice
Our law firm has immense experience managing SNAP violations letters. We can handle your SNAP Violation appeal in all 3 phases of a SNAP action.
Sending the violation letter is the first step which is taken by the USDA USDA to take away your right to take EBT benefits. This letter may come with, or without, prior warnings can come at any time. The SNAP violation letter has a variety of allegations, but most of them will mention serious allegations, with an attachment of details. Your response to the SNAP violation letter is due within 10 days. After 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.
Once the USDA reviews your answer to the SNAP violation letter, the USDA might still believe that a violation has occurred. If that happens, they’ll will definitely send another letter which specifically states the agencies decision to suspend or disqualify the retail store based on the alleged violations. Like before, you have ten days to protest the decision. If you choose not to, then you’ll be stuck with the USDA decision. After you hire our law firm, we’ll file the legal papers and notify the government we are going to appeal their decision. We’ll gather necessary evidence, and our team will draft an appellate brief containing all of the legal laws, evidence, etc. which is needed to fix the outcome.
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 Court. The Judicial Appeal is like a normal 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 which you have to adhere to for EBT. In most normal situations, many grocery store owners don’t run into problems. However, USDA’s SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant buy electronic goods. As a retailer, if you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can include fines and penalties. If it’s believed you did a serious violation, then you may end up with a temporary or permanent disqualification. In most cases, store owners didn’t even know the violations were even occurring. In many situations, dishonest employees are misusing the SNAP program. If you’re accused of a SNAP violation to consult with a SNAP violation attorney to make 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 violations will permanently crush your store. If you don’t respond 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. Retaining a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers will challenge the decision of the USDA and appeal any penalties. The financial penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully imposes large fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. The policy has to be in writing and the policy must be when the violations were filed.
The grocery store must has to be able to prove the compliance policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA typically also looks to see if the grocery store owners benefited in any way from the fraud, or were aware of the violation. If the managers were involved, it can lead to disqualification.
It’s highly recommended any owner that gets a allegation 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