If you’re a retailer who accepts EBT at your grocery store, then you might have gotten a letter from the USDA. The notification is probably a SNAP violation notice, which is stating you are in violation of the SNAP program. The government will attach a number of pages to the SNAP violation notice, which will contain transactions which occurred at your grocery store which the government claims 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 legal team. Remember, you have only ten days to respond to the letter. If you choose to ignore, the government will terminate/suspend your stores privilege to accept EBT payments.
About The SNAP Program
The SNAP program helps families with money each month. The SNAP program benefits are distributed to consumers through an EBT card. The SNAP benefits on the EBT card cannot be used for general usage, and they cannot be used for fraudulent cash back transactions. The cards took the place of food stamps in the 1990’s and the card is issued in the state which the SNAP participant lives. The program is run on a national level by the government.
This federal and the benefits that come with it 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 legal violations happen when a retail store violates any of the following rules.
The store is accused ofthe trafficking of SNAP benefits. This can mean fraudulently accepting benefits, or stealing the benefits.
Your grocery store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect info on the store’s application to accept EBT benefits.
Your store took money for more coupons than actual food sales at the same time.
Your employees have taken 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 immense experience managing SNAP appeals letters. We can handle your SNAP Violation appeal in all phases of a SNAP action.
Sending the violation letter is the first step which is going to be taken by USDA to take away your right to take EBT benefits. The letter can come with no warning and can happen at any time. The SNAP violation letter contain details about alleged violations, but most of them will mention serious allegations, and have attached documents detailing the violations. Your response to the SNAP violation letter is due within 10 days. After you hire our law firm, our lawyers 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 might still decide that your store has violated the rules. If that happens, the USDA will definitely send a second letter which specifically states the governments decision to suspend or disqualify the store based on the accusations previously mentioned. You have 10 days to appeal this. If you choose not to, then you’ll be unable to protest the USDA decision. Once you hire our law firm, we file the necessary paperwork to notify them we are going to appeal their decision. We’ll collect necessary evidence, and our team will draft the necessary appeals briefs containing all of the case law, evidence, etc. which is critical to change the outcome of the violations.
If the USDA refuses to overturn the violation claim, in the Administrative Review, our lawyers will file a Judicial review at the local Federal District Court. This process is like a normal federal court case, where you’ll have to do standard processes like 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 cases, many retail store owners have no problems adhering to them. However, the SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limits on how the funds can be used. For example, SNAP recipients 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 severe and business crushing penalties. If it’s believed you did a major SNAP violation, then you might end up with a temporary or permanent disqualification. In most cases, store owners didn’t know the violations are even happening. Often, dishonest employees who are misusing the SNAP program. If you’re accused of a SNAP violation to speak with a SNAP violation lawyer to ensure sure you don’t have your benefits revoked.
When a charge letter is delivered to your grocery store, you have only ten days to respond to the claims. Your failure to respond to the allegations will permanently harm your store. In addition, the USDA will deliver a verdict even if 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 can discredit the findings of the USDA and appeal any decision. The fines imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully does large fines to in order to curb future violations. The USDA look to see if you have a store compliance policy. The policy must be in writing and the policy must be at the time the violations were filed.
The grocery store 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 to see if the grocery store owners benefited in any way from the fraud, or if the business owners were aware of the fraud. If the management was involved it can lead to disqualification.
We highly recommend any owner that receives a violation 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