If you accept EBT at your retail store, then you might have been the recipient of a a letter of warning from the USDA. The letter is most likely a SNAP violation letter, which is alleging you violated the SNAP program. The USDA will include proof to the SNAP violation notice, and it will have transactions that occurred at your store which the USDA is saying is in violation of one or more genres of violations.
After you get a SNAP violation notice, you should contact our legal team. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the USDA will suspend your stores privilege to take EBT.
About The SNAP Program
This program helps families with funds to buy food each month. These benefits are given with an EBT card. The funds on the EBT card cannot legally be used for general use, and they cannot be used for fraudulent cash back transactions. The cards took the place of food stamps in the 1990’s and are issued in the state where the recipient lives. The SNAP program is run on a national level by the federal government.
This federal and it’s parameters are under handled by the United States Code and the Code of Federal Regulations. The USDA FNS agency enforces the regulations and runs the program.
What does it mean to have a SNAP violation
SNAP legal violations happen when a retail store is in violation of the rules below.
The retail store is accused ofthe trafficking of SNAP benefits. This can mean fraudulently accepting benefits, or stealing the benefits.
Your retail store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false info on the store’s application to accept EBT benefits.
Your store redeemed more EBT food stamps than actual food sales at the same time.
Your employees have taken SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
Defending against a SNAP Violation Letter
Our law firm has immense experience managing SNAP appeals letters. We can handle your SNAP Violation appeal in all phases of a SNAP action.
Sending the letter is the first step which is taken by the USDA USDA to remove your right to take EBT benefits. This letter may come with, or without, prior warnings and can appear at any time. The charging letter will have allegations in it, but most of them will detail serious allegations, and have attached documents detailing the violations. You have only 10 days to respond. Once 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.
Once the USDA reviews your answer to the violation letter, the USDA may still feel that a violation has occurred. If that happens, they’ll will definitely send another letter that specifically states the agencies decision to suspend or disqualify the store based on the accusations previously mentioned. You have 10 days to appeal this. If you choose not to, you’ll be unable to protest the USDA decision. After you hire our lawyers, we’ll file the legal papers to notify them appeal the decision. Our lawyers gather necessary evidence, and our team will draft an appellate brief which contains all of the case law, evidence, etc. which is needed to overturn the decision.
If the USDA refuses to overturn the legal decision, in the Administrative Review, we’ll file a Judicial review at the local Federal Court. This process is like a normal case, where you’ll have to do standard processes like discovery, file motions, and have a trial. Our lawyers can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there’s a lot of rules and regulations have to obey in order to accept EBT. In most cases, 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, SNAP recipients cant get electronic goods. As a retailer, if you violate the laws, you’ll probably get 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 might end up with a temporary or permanent disqualification. In most cases, owners of grocery stores don’t even know SNAP violations were even happening. Often, unethical employees who are misusing the SNAP EBT program. If you’re accused of a SNAP violation to speak with a SNAP violation appeals lawyer to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is delivered to your grocery store, you have only ten days to respond to the claims by the USDA. Your failure to respond to the violations will permanently crush your store. If you don’t respond 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 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 will discredit the decision of the USDA and appeal any decision. The fines imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully does 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 also has to be able to prove the above mentioned policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA will also look in order to check 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.
We highly recommend any store owner that receives a letter speak to 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