If you accept EBT at your grocery store, then you might have received a notice from the USDA. This notification is probably a SNAP violation letter, which is claiming you have violated the SNAP program. The USDA will include proof to the SNAP violation notice, which will have transactions that happened at your grocery store that the government claims violates one or more categories of violations.
The first thing after you get a SNAP violation letter, you should 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 stores ability to accept EBT.
About The 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 are not for general use, and they cannot be used for cash back transactions. 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. This program is run on a national level by the federal government.
The SNAP program and it’s parameters are governed 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 happen when a store violates any of the rules below.
The grocery store took part inthe trafficking of SNAP benefits. This can mean fraudulently accepting the benefits, or theft of the benefits.
The grocery store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false info on your store’s application to accept EBT benefits.
The store redeemed more EBT food stamps than food sales during the same period.
The employees of the store accepted SNAP benefits from someone who shouldn’t be allowed to use the benefits.
Defending against a SNAP Violation Letter
Our law firm has experience managing SNAP violations letters. Our team of attorneys can handle your SNAP Violation appeal in all 3 phases of a SNAP Violation action.
The charging letter is the initial step which is going to be taken by USDA to take away your EBT license. This letter may come with, or without, prior warnings and can appear at any time. The charging letter has a variety of allegations, but most of them will outline violations, with an attachment of details. 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.
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 issue a second letter which outlines the governments decision to suspend or disqualify the store based on the allegations set forth. You have 10 days to appeal this. If you choose not to, you’ll be stuck with the USDA decision. Once you hire our law firm, we’ll file the necessary paperwork and notify them appeal the decision. Our lawyers gather necessary evidence, and our team will draft 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 case, where you’ll have to do standard processes like discovery, file motions, and have a trial. Our law firm can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there’s a lot of rules and regulations which you have to adhere to for EBT. In most cases, many retail 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 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 you conduct a serious SNAP violation, then you may end up with either a permanent or temporary disqualification. In many situations, store owners didn’t even know the violations are even happening. Often, it’s dishonest employees are misusing the SNAP EBT program. It’s helpful to discuss your case with a SNAP violation attorney to make sure you don’t have your benefits revoked.
When a charge letter is sent to your retail store, you have only 10 days to respond to the violations. Your 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 don’t respond to the allegations. In the absence of a SNAP violation attorney, you cannot defend your store. Retaining a SNAP violation lawyer gives you a fighting change. Our lawyers can fight the decision of the USDA and appeal any decision. The financial penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully imposes 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 has to be in writing and in effect at the time the violations were filed.
The grocery store must has to 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 to see if the retail store owners benefited in any way from the fraud, or if the owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
It’s highly recommended any grocery store owner that gets 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