If you’re a retailer who accepts EBT at your grocery store, then you might have gotten a letter of warning from the USDA. The notification is probably a SNAP violation notice, which is stating you violated the SNAP program. The USDA will include proof to the SNAP violation notice, which will contain records of transactions which happened at your store which the USDA is saying violates one or more genres of violations.
After you get a SNAP violation letter, you should 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 payments.
About The Program
This program provides families with funds to buy food each month. These benefits are distributed to consumers through an EBT card. The benefits on this card cannot be used for general use, and they can’t 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 recipient lives. The program is run on a national level by the government.
This government 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 violations happen when a grocery store violates any of the following rules.
The retail store was involved inthe trafficking of SNAP benefits. This can mean fraudulently accepting taking the benefits, or theft of the benefits.
The retail store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false info on the retail stores application to accept EBT benefits.
Your grocery store took money for more EBT food stamps than sale of actual food over the same period.
Your employees have taken SNAP benefits from someone who isn’t eligible to use the benefits.
How to defend your store against a SNAP violation
Our law firm has immense experience managing SNAP violation letters. Our team of attorneys can handle your SNAP Violation appeal in all phases of a SNAP action.
Sending the violation 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 will contain allegations, but most letters will mention serious allegations, with an attachment of details. You have only 10 days to respond. After you hire our law firm, we 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 feel that your store has violated the rules. If that happens, the USDA will 100% issue another letter which specifically states the governments decision to suspend or disqualify the retail store based on the allegations set forth. Like before, you have ten days to appeal this decision. If you don’t, then you’ll be unable to protest the USDA decision. After you hire our firm, we file the necessary paperwork and notify the government we are going to appeal their decision. We’ll collect necessary evidence, and our team will generate the necessary appeals briefs which contains all of the case law, evidence, etc. which is critical to fix the outcome.
In the event the USDA refuses to override the violation claim, in the Administrative Review, our lawyers will file a Judicial review at the local Federal District Court. The Judicial Appeal 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 cases, many grocery store owners have no issues adhering to them. However, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limits on how the funds can be used. For example, people getting SNAP benefits cant buy electronic goods. If, and when, you violate the laws, you’ll get a SNAP violation letter. Penalties of violating SNAP can result in fines, and penalties. If you conduct a major violation, then you might end up with a temporary or permanent disqualification. In many situations, owners of grocery stores don’t even know SNAP violations were even happening. In many situations, unethical employees are misusing the SNAP EBT program. If you’re accused of a SNAP violation to speak with a SNAP violation attorney in order to make sure you don’t have your benefits revoked.
When a charge letter is delivered to your store, you have only ten days to respond to the claims by the USDA. Failure to respond to the allegations will permanently crush your store. In addition, the USDA will deliver a verdict even if you choose not to 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 SNAP appeals lawyers can fight the findings of the USDA and fight 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 huge fines to in order to curb future violations. The USDA look to see if you have a store compliance policy. It must be in writing and the policy must be at the time the allegations were filed.
The retailer must be able to prove the above mentioned 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 owners benefited from the violations, or if the owners were aware of the fraud. Any involvement of the management can lead to disqualification.
We highly recommend any grocery store owner that receives a violation 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