If you accept EBT at your retail store, then it’s possible have been the recipient of a a letter from the USDA. This notice 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, which will contain transactions that occurred at your grocery store that the USDA claims violates one or more groups of violations.
The first thing after you get a SNAP violation letter, 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 USDA will suspend your stores ability to accept EBT.
About The Program
The SNAP program helps families with money each month. The SNAP program benefits are given through an EBT card. The SNAP benefits on this card aren’t for general use, and they can’t be used for fraudulent cash back transactions. The EBT cards took the place of food stamps in the 1990’s and the card is issued in the state where the recipient lives. This program is operated on a nationwide level by the federal government.
The federal and it’s benefits are governed 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 violations happen if and when a grocery store violates any of the following rules.
The retail store was involved inthe trafficking of SNAP benefits. This can mean fraudulently accepting benefits, or theft of the benefits.
The retail store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false info on your retail stores application to accept EBT benefits.
The store took money for more EBT food stamps than sale of actual food over the same period.
Your employees accepted SNAP benefits from someone who isn’t allowed to use them.
How to defend your store against a SNAP violation
Our law firm has experience handling SNAP violations letters. Our team of attorneys can handle your SNAP violation process in all 3 phases of a SNAP action.
The charging letter is the first step taken by the USDA to take away your right to take EBT benefits. The letter can come with, or without, prior warnings and can appear at any time. The charging letter has a variety of allegations, but most letters will outline serious allegations, have evidence attached proving the violations. Your response to the SNAP violation letter is due within 10 days. 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.
After reviewing the store’s answer to the SNAP violation letter, the USDA might still believe that your store has violated the rules. If this happens, the USDA will issue a second letter that specifically states the agencies decision to suspend or disqualify the retail store based on the allegations set forth. You have 10 days to appeal this. If you choose not to, then you’ll be stuck with the USDA decision. After you hire our firm, we file the legal papers and notify the USDA appeal the decision. We’ll gather necessary evidence, and we will draft draft the necessary appeals briefs containing all of the case law, legal evidence, etc. which is necessary to change the outcome of the violations.
In the event the USDA refuses to overturn the binding decision, in the Administrative Review, we’ll file a Judicial review at the local Federal District Court. This process is like a normal court 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 are many laws have to obey in order to accept EBT. In most normal situations, many retail store owners don’t run into problems. However, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limits on how the funds can be used. For example, people getting SNAP benefits cant buy electronic goods. If, and when, you violate the laws, you’ll probably get a SNAP violation letter. Penalties of violating SNAP can result in severe and business crushing penalties. If you conduct a major SNAP violation, then you might end up with a temporary or permanent disqualification. In many situations, owners of grocery stores don’t even know the violations are even occurring. Often, dishonest employees are misusing the SNAP program. It’s helpful to discuss your case with a SNAP violation attorney in order to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is presented to your retail store, you have only ten days to respond to the allegations. Your failure to respond to the allegations will permanently crush your store. In addition, the USDA will make a verdict even if 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 the ability to fight for your rights. Our lawyers can challenge the decision of the USDA and fight 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. It has to be in writing and in effect at the time the violations were filed.
The retailer must has to 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 in order to check if the grocery store 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 grocery store owner that receives a allegation letter consult 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