If you’re a retailer who accepts EBT at your retail store, then you might have gotten a letter of warning from the USDA. This notification is probably a SNAP violation notice, which is claiming you violated the SNAP program. The USDA will include proof to the SNAP violation letter, which will contain transactions that happened at your retail store which the USDA claims is in violation of one or more groups of violations.
The first thing after you get a SNAP violation notice, 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 terminate/suspend your grocery store’s ability to take EBT.
About The SNAP Program
The SNAP program provides families with a certain amount of money each month. The SNAP program benefits are given via an EBT card. The SNAP benefits 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 where the consumer lives. This program is operated on a national level by the government.
This 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’s a SNAP Violation
SNAP legal violations happen when a store violates any of the rules below.
The retail store is accused oftrafficking SNAP benefits. This can mean fraudulently accepting taking the benefits, or stealing the benefits.
The retail store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect info on your grocery stores application to accept EBT benefits.
The grocery store redeemed more coupons than food sales over the same period.
Your employees accepted 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 violation letters. We can handle your SNAP violation process in all 3 phases of a SNAP violation action.
Sending the letter is the first step taken by the USDA to take away your EBT license. This letter may come with no warning and can appear at any time. The charging letter will have allegations in it, but most of them will detail serious allegations, have evidence attached proving the violations. You have only 10 days to respond. After 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.
Once the USDA reviews your answer to the violation letter, the USDA might still believe that a violation has occurred. If that happens, the USDA will 100% issue another letter which outlines the agencies decision to suspend or disqualify the grocery store based on the allegations set forth. Like before, you have ten days to appeal the decision. If you don’t, then you’ll be unable to protest the USDA decision. Once you hire our law firm, we’ll file the legal papers to notify the government we are going to appeal their decision. Our lawyers collect necessary evidence, and our team will generate the necessary appeals briefs which contains all of the case law, legal evidence, etc. which is necessary to overturn the decision.
In the event the USDA refuses to overturn the binding decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal District Court. This next phase is like a normal federal 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 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, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant purchase electronic goods. If you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can result in fines, and penalties. If it’s believed you did a major violation, then you might end up with a temporary or permanent disqualification. In many situations, store owners didn’t know the violations were even happening. In many situations, dishonest employees who are misusing the SNAP EBT program. If you’re accused of a SNAP violation to speak with a SNAP violation attorney to ensure sure you don’t have your benefits revoked.
When a charge letter is sent to your grocery store, you have only ten days to respond to the claims by the USDA. 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 choose not to respond to the allegations. In the absence of a SNAP violation attorney, you cannot defend your store. Hiring a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers will 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 does huge 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 at the time the violations were filed.
The retailer must has to be able to prove the above mentioned policy was in place before the charge, and was not drafted after the violation letter. The USDA typically also looks to check if the retail store owners benefited from the violations, or if the owners were aware of the fraud. If the management was involved it can lead to disqualification.
We highly recommend any owner that receives a letter speak to 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