If you’re a retailer who accepts EBT at your grocery store, then you might have gotten a letter from the USDA. This letter is most likely a SNAP violation letter, which is alleging you are in violation of the SNAP program. The USDA will include proof to the SNAP violation letter, and it will have transactions which happened at your retail store which the government claims is in violation of one or more categories of violations.
After you get a SNAP violation notice, you must contact our law firm. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the USDA will suspend your grocery store’s ability to take EBT.
About The Program
The SNAP program helps families with funds to buy food each month. These benefits are distributed to consumers with an EBT card. The benefits on this card cannot be used for general usage, and they cannot be used for cash back services. The EBT cards took the place of food stamps in the 1990’s and are issued in the state where the consumer lives. This program is run on a national level by the government.
This federal 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 counts as a SNAP violation
SNAP legal violations happen if and when a grocery store violates any of the rules below.
The store was involved intrafficking SNAP benefits. This can mean fraudulently accepting taking the benefits, or stealing the benefits.
Your retail store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect info on your grocery stores application to accept EBT benefits.
The store redeemed more EBT food stamps than actual food sales at the same time.
The employees of the store accepted 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 immense experience managing SNAP violation letters. Our law firm can handle your SNAP violation process in all phases of a SNAP Violation action.
Sending the violation letter is the initial step taken by the USDA to take away your right to take EBT benefits. This letter may come with, or without, prior warnings and can appear at any time. The charging letter contain details about alleged violations, but most of them will outline serious allegations, have evidence attached proving the violations. You have only 10 days to respond. 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 may still feel that a violation has occurred. If this happens, the USDA will definitely send another letter which specifically states their decision to suspend or disqualify the retail store based on the alleged violations. Like before, you have 10 days to protest this verdict. If you don’t, then you’ll be unable to protest the USDA decision. After you hire our law firm, our team the appeal and notify them appeal the decision. Our lawyers collect necessary evidence, and our team will draft an appellate brief which contains all of the case law, evidence, etc. which is critical to overturn the decision.
If the USDA refuses to overturn the legal decision, in the Administrative Review, we will file a Judicial review at the local Federal Court. This process is like a normal case, where you’ll be able to do 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 cases, 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, people getting SNAP benefits cant get electronic goods. If you violate the laws, you’ll get a SNAP violation letter. Penalties of violating SNAP can result in fines, and penalties. If it’s believed you did a serious SNAP violation, then you might end up with a temporary or permanent disqualification. In many situations, owners of grocery stores don’t know SNAP violations are even happening. In many situations, dishonest employees are misusing the SNAP EBT program. If you’re accused of a SNAP violation to consult with a SNAP violation appeals lawyer to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your store, you have only ten days to respond to the allegations. Failure to respond 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 cannot defend your store. Hiring a SNAP violation lawyer gives you a fighting change. Our lawyers can fight the decision of the USDA and fight any penalties. The fines imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully imposes large fines to in order to curb future violations. The USDA will typically look to see if you have a compliance policy in place. It has to be in writing and in effect when the allegations were filed.
The store owner must be able to prove the compliance policy was in place before the charge, and was not drafted after the violation letter. The USDA will also look to check if the owners benefited from the violations, or were aware of the violation. If the managers were involved, it can lead to disqualification.
It’s highly recommended any store owner that receives a allegation 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