If you’re a retailer who accepts EBT at your retail store, then it’s possible have been the recipient of a a letter from the USDA. The letter is most likely a SNAP violation letter, which is claiming you have violated the SNAP program. The USDA will include proof to the SNAP violation notice, which will have transactions which occurred at your grocery store that the USDA is saying violates one or more groups of violations.
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 don’t respond, the government will terminate/suspend your grocery store’s ability to accept EBT payments.
About The SNAP Program
This program provides families with get food each month. These benefits are given with an EBT card. The funds on this card cannot be used for general use, 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 in the state where the recipient lives. The SNAP program is operated on a national level by the federal government.
This program 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 does it mean to have a SNAP violation
SNAP legal violations occur when a store violates any of the rules below.
The store is accused ofthe trafficking of SNAP benefits. Examples of this is fraudulently accepting benefits, or stealing the benefits.
Your retail store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect info on your store’s application to accept EBT benefits.
Your grocery store redeemed more EBT food stamps than sale of actual food over the same period.
The employees of the store took 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 managing SNAP appeals letters. Our law firm can handle your SNAP violation process in all 3 phases of a SNAP action.
Sending the letter is the initial step which is going to be taken by USDA to remove your EBT license. This letter may come with no warning and can appear at any time. The violation letter has a variety of allegations, but most of them will detail serious allegations, and have attached documents detailing the violations. You have only 10 days to respond. 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.
After reviewing the store’s answer to the notice of violation, the USDA may still believe that your store has violated the rules. If this happens, the USDA will 100% issue another letter which outlines the agencies legal verdict to suspend or disqualify the store based on the accusations previously mentioned. Like before, you have ten days to appeal the verdict. If you don’t, then you’ll be unable to protest the USDA decision. After you hire our lawyers, we file the legal papers and notify the USDA we are going to appeal their decision. Our lawyers gather necessary evidence, and our team will draft the necessary appeals briefs which contains all of the legal laws, legal evidence, etc. which is critical to fix the outcome.
In the event the USDA refuses to change the decision, in the Administrative Review, we will file a Judicial review at the local Federal District Court. This next phase 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 food store retailer, there are many laws have to obey in order to accept 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 limits on how the funds can be used. For example, people getting SNAP benefits cant buy electronic goods. As a retailer, if you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can result in fines, and penalties. If you conduct a serious SNAP violation, then you may end up with either a permanent or temporary disqualification. In many situations, store owners didn’t know SNAP violations are even happening. Often, unethical employees are misusing the SNAP EBT program. If you’re accused of a SNAP violation to consult with a SNAP violation appeals lawyer in order to ensure sure you don’t have your benefits revoked.
When a charge letter is sent to your grocery store, you only have 10 days to respond to the claims by the USDA. Failure to respond to the allegations 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 the ability to fight for your rights. Our lawyers can fight the findings of the USDA and appeal any decision. The fines imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose imposes large fines to curb violations. The USDA will look to see if you have a store compliance policy in place. The policy has to be in writing and in effect when the allegations were filed.
The retailer also 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 see if the owners benefited in any way from the fraud, or if the business owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
It’s highly recommended any grocery store owner that receives a 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