If you accept EBT at your grocery store, then it’s possible have been the recipient of a a official warning from the USDA. This notice is most likely a SNAP violation letter, which is stating you violated the SNAP program. The USDA will attach a number of pages to the SNAP violation notice, which will have records of transactions that occurred at your grocery store that the USDA claims is in violation of one or more categories of violations.
The first thing after you get a SNAP violation letter, you must speak to our our law firm. Remember, you have only ten days to respond to the letter. If you choose to ignore, the USDA will suspend your stores ability to accept EBT.
About The SNAP Program
This program helps families with get food each month. These benefits are distributed to consumers via an EBT card. The SNAP benefits on this card aren’t for general use, 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 in the state which the SNAP participant lives. The SNAP program is operated on a nationwide level by the federal government.
The SNAP federal and the benefits that come with it are under handled by the US 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 occur when a grocery store violates any of the following rules.
The retail store took part inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting benefits, or theft of the benefits.
The retail store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect information on the store’s application to accept EBT benefits.
The grocery store took money for 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.
Defending against a SNAP Violation Letter
Our law firm has immense experience handling SNAP violation letters. Our law firm can handle your SNAP violation process in all phases of a SNAP action.
Sending the violation letter is the initial step which is taken by the USDA USDA to take away your EBT license. This comes with, or without, prior warnings can come at any time. The charging letter will contain allegations, but most letters will outline serious allegations, and have attached documents detailing 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 might still feel that your store has violated the rules. If this happens, the USDA will 100% issue a second letter that specifically states the governments decision to suspend or disqualify the grocery store based on the accusations previously mentioned. Like before, you have ten days to protest the decision. If you choose not to, you’ll be stuck with the USDA decision. After you hire our firm, we file the necessary paperwork and notify them we are going to appeal their decision. We’ll collect necessary evidence, and we will draft generate the necessary appeals briefs containing all of the case law, evidence, etc. which is critical to overturn the decision.
If the USDA refuses to change the violation claim, 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 have to do standard processes like discovery, file motions, and have a trial. Our lawyers can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there’s a lot of rules and regulations have to obey in order to accept EBT. In most normal situations, many grocery store owners don’t run into problems. However, USDA’s SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant get 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 fines. If it’s believed you did a serious SNAP violation, then you may end up with a temporary or permanent disqualification. In most cases, owners of grocery stores don’t even know SNAP violations were even happening. Often, dishonest employees who are misusing the SNAP program. It’s helpful to discuss your case with a SNAP violation attorney to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is presented to your retail store, you only have 10 days to respond to the claims. Failure to respond to the allegations will permanently crush your store. If you don’t respond 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 the ability to fight for your rights. Our lawyers will discredit the findings 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 large fines to in order to curb future violations. The USDA will look to see if you have a store compliance policy in place. The policy must be in writing at the store and in effect at the time the allegations were filed.
The grocery store must has to be able to prove the above mentioned policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA typically also looks to check if the 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.
It’s highly recommended any owner that gets a violation 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