If you’re a retailer who accepts EBT at your grocery store, then it’s possible have received a official notice from the USDA. This notification is most likely a SNAP violation letter, which is claiming you are in violation of the SNAP program. The USDA will attach a number of pages to the SNAP violation notice, which will have records of transactions that happened at your grocery store that the USDA is saying is in violation of one or more categories of violations.
The first thing after you get a SNAP violation letter, you should definitely contact our law firm. Remember, you have only ten days to respond to the letter. If you choose to ignore, the USDA will terminate/suspend your stores ability to accept EBT payments.
About The Program
The SNAP program helps families with money each month. The SNAP program benefits are distributed to consumers via an EBT card. The benefits on the card cannot be used for general usage, and they cannot be used for cash back services. The cards took over for food stamps in the 1990’s and the card is issued by each state individually where the recipient lives. The program is operated on a nationwide level by the government.
This program and the benefits that come with it are under handled 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 retail store violates any of the following rules.
The retail store was involved intrafficking SNAP benefits. Examples of this is fraudulently accepting the benefits, or stealing the benefits.
The grocery store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false information on the retail stores application to accept EBT benefits.
The grocery store took money for more coupons than food sales during the same period.
The employees of the store have taken SNAP benefits from someone who shouldn’t be allowed to use the benefits.
Defending against a SNAP Violation Letter
Our law firm has immense experience managing SNAP violation letters. Our team of attorneys can handle your SNAP Violation appeal in all 3 phases of a SNAP violation action.
Sending the letter is the initial step which is taken by the USDA USDA to take away your right to take EBT benefits. This letter may come with no warning and can happen at any time. The violation letter has a variety of allegations, but most of them will lay out violations, have evidence attached proving the violations. Your response to the SNAP violation letter is due within 10 days. Once 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 violation letter, the USDA may still believe that a violation has occurred. If this happens, they’ll will definitely send a second letter that specifically states the agencies decision to suspend or disqualify the grocery store based on the alleged violations. You have 10 days to appeal this. If you choose not to, you’ll be unable to protest the USDA decision. After you hire our law firm, our team the appeal and notify the USDA we are going to appeal their decision. Our lawyers gather necessary evidence, and our team will generate the necessary appeals briefs containing all of the legal laws, legal evidence, etc. which is needed to fix the outcome.
In the event the USDA refuses to overturn 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 court 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 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 don’t run into problems. However, USDA’s SNAP program 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 get electronic goods. If, and when, you violate the laws, you’ll get a SNAP violation letter. Penalties of violating SNAP can include fines and penalties. If it’s believed you did a major violation, then you may end up with a temporary or permanent disqualification. In many situations, owners of grocery stores don’t even know SNAP violations are even occurring. Often, it’s dishonest employees who 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 charge letter is sent to your store, you only have 10 days to respond to the violations. Your failure to respond to the allegations will permanently crush your store. If you don’t respond the USDA will generate 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 discredit the decision of the USDA and appeal any decision. The penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully chooses to impose huge fines to in order to curb future violations. The USDA look to see if you have a store compliance policy. It has to be in writing at the store and the policy must be when the violations were filed.
The store owner must has to be able to prove the compliance policy was in place before the charge, and wasn’t drafted after the violation was made. The USDA will also look to check if the grocery store owners benefited from the violations, or if the owners were aware of the fraud. Any involvement of the management can lead to disqualification.
It’s highly recommended any store 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