If you accept EBT at your grocery store, then you might have been the recipient of a a notice from the USDA. This notice is most likely a SNAP violation letter, which is stating you violated the SNAP program. The USDA will include proof to the SNAP violation letter, which will have transactions that occurred at your store which the USDA is saying violates one or more genres of violations.
The first thing after you get a SNAP violation notice, you should definitely 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 suspend your grocery store’s ability to accept EBT.
About The SNAP Program
The SNAP program provides families with a certain amount of money each month. These benefits are given with an EBT card. The SNAP benefits on this card cannot legally be used for general usage, and they can’t be used for cash back transactions. The EBT cards took the place of food stamps in the 1990’s and the card is issued in the state where the recipient lives. The program is operated on a nationwide level by the government.
This program and the benefits that come with it are governed by the US Code and the Code of Federal Regulations. The USDA FNS agency enforces the regulations and runs the program.
What’s a SNAP Violation
SNAP legal violations happen if and when a grocery store is in violation of the rules below.
The store was involved inthe trafficking of SNAP benefits. This can mean fraudulently accepting the benefits, or theft of the benefits.
Your grocery store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false info on the retail stores application to accept EBT benefits.
The grocery store took money for more coupons than sale of actual food at the same time.
The employees of the store took SNAP benefits from someone who isn’t eligible to use the benefits.
Defending against a SNAP Violation Letter
Our law firm has experience handling SNAP violations letters. Our team of attorneys can handle your SNAP Violation appeal in all 3 phases of a SNAP action.
Sending the violation letter is the initial step taken by the USDA to take away your right to take EBT benefits. This comes with, or without, prior warnings and can happen at any time. The charging letter will have allegations in it, but most letters will detail serious allegations, with an attachment of details. You have only 10 days to respond. After you hire our law firm, our lawyers 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 SNAP violation letter, the USDA may still decide that your store has violated the rules. If that happens, the USDA will 100% issue a second letter that outlines the agencies decision to suspend or disqualify the store based on the alleged violations. You have 10 days to appeal this. If you choose not to, then you’ll be stuck with the USDA decision. Once you hire our lawyers, we’ll file the necessary paperwork to notify them appeal the decision. We’ll collect necessary evidence, and our team will generate an appellate brief containing all of the legal laws, evidence, etc. which is needed to fix the outcome.
If the USDA refuses to overturn the decision, in the Administrative Review, we’ll file a Judicial review at the local Federal 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 food store retailer, there’s a lot of rules and regulations you have to adhere to for EBT. In most cases, 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, SNAP recipients cant buy electronic goods. If you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can result in severe and business crushing penalties. If you conduct a major violation, then you might end up with a temporary or permanent disqualification. In many situations, store owners don’t know SNAP violations were even occurring. Often, unethical employees who are misusing the SNAP program. If you’re accused of a SNAP violation to speak with a SNAP violation appeals lawyer in order to make sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your retail store, you have only ten days to respond to the violations. Failure to respond to the allegations will permanently crush your store. If you don’t respond the USDA will generate a verdict even if you choose not to respond to the allegations. In the absence of a SNAP violation attorney, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers can fight the findings of the USDA and appeal any penalties. The financial penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully chooses to impose 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 at the store and in effect at the time the allegations were filed.
The retailer must be able to prove the above mentioned policy was in place before the charge, and was not drafted after the violation letter. The USDA typically also looks in order to check if the owners benefited from the violations, or were aware of the violation. Any involvement of the management can lead to disqualification.
We highly recommend any store that receives a 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