If you accept EBT at your retail store, then it’s possible have gotten a official warning from the USDA. This notice is probably a SNAP violation notice, which is alleging you are in violation of the SNAP program. The government will include proof to the SNAP violation notice, and it will contain transactions that occurred at your store which the USDA claims violates 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 don’t respond, the USDA will suspend your grocery store’s ability to accept EBT.
About The SNAP Program
This program provides families with money each month. These benefits are distributed to consumers via an EBT card. The benefits on this card are not for general usage, and they cannot be used for cash back transactions. The cards took over for food stamps in the 1990’s and the card is issued by each state individually where the consumer lives. This program is operated on a nationwide level by the federal government.
The government and it’s parameters 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 rules below.
The store is accused oftrafficking SNAP benefits. This can mean fraudulently accepting benefits, or theft of the benefits.
The retail store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false info on your retail stores application to accept EBT benefits.
Your grocery store took money for more EBT food stamps than sale of actual food during the same period.
The employees of the store took SNAP benefits from someone who shouldn’t be allowed to use the benefits.
Defending against a SNAP Violation Letter
Our law firm has experience handling SNAP violations letters. Our law firm can handle your SNAP violation process in all phases of a SNAP violation action.
Sending the letter is the initial step which is taken by the USDA USDA to remove your EBT license. This letter may come with, or without, prior warnings can come at any time. The SNAP violation letter will contain allegations, but most letters will outline violations, and have attached documents detailing the violations. You have only 10 days to respond. Once 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 a violation has occurred. If this happens, they’ll will 100% issue a second letter that outlines the agencies legal verdict to suspend or disqualify the grocery store based on the alleged violations. You have 10 days to appeal this. If you choose not to, then you’ll be unable to protest the USDA decision. After you hire our firm, we file the appeal and notify the USDA we are going to appeal their decision. We’ll gather necessary evidence, and our team will generate the necessary appeals briefs containing all of the case law, legal evidence, etc. which is necessary to overturn the decision.
If the USDA refuses to override the legal decision, in the Administrative Review, we’ll file a Judicial review at the local Federal District Court. This process is like a normal court case, where you’ll be able to do discovery, file motions, and have a trial. Our law firm can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there are many laws which you have to adhere to for EBT. In most cases, many grocery 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 purchase electronic goods. If, and when, you violate the laws, you should expect getting a SNAP violation letter. Penalties of violating SNAP can include fines and penalties. If it’s believed you did a major SNAP violation, then you may end up with either a permanent or temporary disqualification. In most cases, store owners don’t even know SNAP violations are even occurring. In many situations, unethical employees who are misusing the SNAP EBT program. If you’re accused of a SNAP violation to consult with a SNAP violation lawyer to ensure sure you don’t have your benefits revoked.
When a charge letter is presented to your store, you have only 10 days to respond to the allegations. Your failure to respond will permanently crush your store. If you don’t respond the USDA will generate a verdict even if you don’t respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers can discredit the decision of the USDA and appeal any penalties. The fines imposed can expensive – 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 will typically look to see if you have a 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 grocery store must be able to prove the compliance policy was in place before the charge, and was not drafted after the violation letter. The USDA typically also looks to see if the owners benefited from the violations, or were aware of the violation. If the management was involved it can lead to disqualification.
We highly recommend any owner that receives a 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