If you’re a retailer who accepts EBT at your grocery store, then may have gotten a notice from the USDA. The notification is probably a SNAP violation letter, which is claiming you violated the SNAP program. The USDA will attach a number of pages to the SNAP violation letter, which will have transactions that occurred at your grocery store which the USDA claims violates one or more categories of violations.
The first thing after you get a SNAP violation notice, you must speak to our our law firm. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the government will terminate/suspend your stores privilege to take EBT.
About The SNAP Program
This program helps families with get food each month. These benefits are distributed to consumers through an EBT card. The funds on the EBT card cannot be used for general use, and they cannot be used for cash back transactions. The EBT cards took over for food stamps in the 1990’s and the card is issued by each state individually which the SNAP participant lives. The SNAP program is run on a nationwide level by the federal government.
The SNAP federal 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’s a SNAP Violation
Snap violations occur when a store violates any of the following rules.
The retail store was involved inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting the benefits, or stealing the benefits.
Your grocery store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect information on your retail stores application to accept EBT benefits.
The grocery store took money for more coupons than sale of actual food at the same time.
Your employees have taken SNAP benefits from someone who isn’t allowed to use them.
Defending against a SNAP Violation Letter
Our law firm has immense experience handling SNAP violation letters. Our team of attorneys can handle your SNAP violation process in all 3 phases of a SNAP Violation action.
The charging letter is the initial step which is taken by the USDA USDA to take away your right to take EBT benefits. This letter may come with, or without, prior warnings and can happen at any time. The charging letter will contain allegations, but most letters will outline serious allegations, and have attached documents detailing the violations. You have only 10 days to respond. Once 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.
Once the USDA reviews your answer to the SNAP violation letter, the USDA might still feel that a violation has occurred. If this happens, they’ll will issue another letter that specifically states their decision to suspend or disqualify the retail store based on the allegations set forth. Like before, you have 10 days to appeal the decision. If you don’t, then you’ll be stuck with the USDA decision. After you hire our firm, we’ll file the necessary paperwork to notify the government we are going to appeal their decision. Our lawyers gather necessary evidence, and we will draft draft the necessary appeals briefs containing all of the legal laws, legal evidence, etc. which is needed to change the outcome of the violations.
In the event the USDA refuses to change the legal decision, in the Administrative Review, we 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. We can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there are many laws you have to adhere to for EBT. In most normal situations, 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 get electronic goods. If, and when, you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can result in severe and business crushing penalties. If it’s believed you did a serious violation, then you may end up with either a permanent or temporary disqualification. In most cases, owners of grocery stores didn’t know SNAP violations were even occurring. In many situations, it’s 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 SNAP violation letter is presented to your grocery store, you only have 10 days to respond to the violations. Failure to respond to the allegations will permanently harm your store. If you don’t respond the USDA will generate a verdict even though you choose not to respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you a fighting change. Our lawyers will discredit 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 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 must be in writing and the policy must be when the allegations were filed.
The retailer must be able to prove the compliance policy was in place before the charge, and was not drafted after the violation letter. The USDA will also look to see if the retail 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.
It’s highly recommended any store that gets a allegation 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