If you’re a retailer who accepts EBT at your retail store, then may have gotten a notice from the USDA. The letter is most likely a SNAP violation notice, which is claiming you violated the SNAP program. The government will include proof to the SNAP violation notice, which will have records of transactions that occurred at your retail store which the USDA claims violates one or more categories of violations.
After you get a SNAP violation notice, you should contact our legal team. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the USDA will suspend your stores privilege to accept EBT.
About The SNAP Program
This program provides families with a certain amount of money each month. The SNAP program benefits are distributed via an EBT card. The funds on this card aren’t for general usage, and they cannot be used for cash back services. 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 SNAP program is run on a national level by the federal government.
This government and it’s parameters 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 violations happen when a store is in violation of the rules below.
The retail store was involved intrafficking SNAP benefits. This can mean fraudulently accepting taking the benefits, or stealing the benefits.
The grocery store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false information on your retail stores application to accept EBT benefits.
The store redeemed more coupons than sale of actual food over the same period.
Your employees accepted SNAP benefits from someone who shouldn’t be allowed to use the benefits.
How we can help defend you against a SNAP violation notice
Our law firm has immense experience managing SNAP violation letters. Our team of attorneys can handle your SNAP violation process in all phases of a SNAP Violation action.
The charging letter is the initial step taken by the USDA to remove your EBT license. The letter can come with no warning and can happen at any time. The charging letter will contain allegations, but most of them will mention violations, have evidence attached proving 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, they’ll will issue another letter that specifically states the governments decision to suspend or disqualify the grocery store based on the alleged violations. Like before, you have ten days to protest this decision. If you don’t, then you’ll be unable to protest the USDA decision. Once you hire our lawyers, our team the appeal and notify the USDA we are going to appeal their decision. We’ll collect necessary evidence, and we will draft draft an appellate brief containing all of the case law, evidence, etc. which is critical to fix the outcome.
In the event the USDA refuses to overturn the violation claim, in the Administrative Review, we will 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 grocery store retailer, there’s a lot of rules and regulations you have to adhere to for EBT. In most cases, 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 limitations. For example, people getting SNAP benefits cant purchase electronic goods. As a retailer, if you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can include fines and penalties. If it’s believed you did a serious violation, then you may end up with a temporary or permanent disqualification. In most cases, store owners don’t know SNAP violations were even occurring. Often, it’s dishonest employees who are misusing the SNAP program. If you’re accused of a SNAP violation to discuss your case with a SNAP violation lawyer to make sure you don’t have your benefits revoked.
When a SNAP violation letter is delivered to your grocery store, you only have 10 days to respond to the claims by the USDA. Failure to respond to the violations will permanently harm your store. If you don’t respond the USDA will make a verdict even if you don’t respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers will challenge the findings of the USDA and fight any decision. The fines imposed can expensive – 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 will typically look to see if you have a compliance policy in place. The policy must be in writing and the policy must be at the time the allegations were filed.
The grocery store also 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 in order 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 managers were involved, it can lead to disqualification.
We highly recommend any owner that gets a violation letter consult 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