If you accept EBT at your grocery store, then it’s possible have been the recipient of a a official warning from the USDA. The notification is probably a SNAP violation letter, which is stating you have violated the SNAP program. The USDA will attach a number of pages to the SNAP violation notice, and it will contain records of transactions that occurred at your retail store that the USDA claims violates one or more categories of violations.
After you get a SNAP violation letter, you should speak to our our legal team. Remember, you have only ten days to respond to the letter. If you don’t respond, the USDA will terminate/suspend your stores ability to take EBT.
About The Program
The SNAP program provides families with money each month. The SNAP program benefits are distributed to consumers with an EBT card. The benefits on the card cannot be used for general usage, and they can’t be used for fraudulent cash back transactions. The cards took the place of food stamps in the 1990’s and are issued by each state individually where the consumer lives. The program is operated on a nationwide level by the federal government.
This government and it’s benefits 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 occur if and when a store violates any of the rules below.
The store took part intrafficking SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or stealing the benefits.
Your grocery store accepted 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.
Your store redeemed more EBT food stamps than actual food sales during the same period.
The employees of the store accepted SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
How we can help defend you against a SNAP violation notice
Our law firm has experience managing SNAP violation letters. Our law firm can handle your SNAP violation process 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. The letter can come with, or without, prior warnings and can happen at any time. The violation letter contain details about alleged violations, but most letters will lay out serious allegations, have evidence attached proving the violations. 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.
Once the USDA reviews your answer to the violation letter, the USDA may still decide that a violation has occurred. If that happens, they’ll will definitely send a second letter that specifically states the governments decision to suspend or disqualify the retail store based on the alleged violations. You have 10 days to appeal this. If you don’t, then you’ll be unable to protest the USDA decision. After you hire our firm, we file the necessary paperwork to notify the USDA appeal the decision. We’ll gather necessary evidence, and we will draft draft the necessary appeals briefs containing all of the legal laws, legal evidence, etc. which is critical to change the outcome of the violations.
In the event the USDA refuses to overturn the binding decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal District Court. This next phase is like a normal case, where you’ll be able to do 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 you have to adhere to for EBT. In most cases, many retail store owners have no issues adhering to them. However, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant purchase electronic goods. As a retailer, if you violate the laws, you should expect getting a SNAP violation letter. Penalties of violating SNAP can result in severe and business crushing penalties. If you conduct a serious SNAP violation, then you may end up with either a permanent or temporary disqualification. In most cases, owners of grocery stores don’t know the violations were even occurring. In many situations, dishonest employees are misusing the SNAP program. If you’re accused of a SNAP violation to discuss your case with a SNAP violation lawyer to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is delivered to your store, you have only 10 days to respond to the violations. Failure to respond to the violations will permanently crush your store. In addition, the USDA will generate a verdict even if you don’t respond to the allegations. In the absence of a SNAP violation attorney, you won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers will fight the findings of the USDA and fight any penalties. The penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully imposes large fines to curb violations. The USDA look to see if you have a store compliance policy. The policy must be in writing and the policy must be when the allegations were filed.
The store owner also be able to prove the compliance policy was in existence before the allegations, and was not drafted after the violation letter. The USDA will also look in order to see if the grocery store owners benefited from the violations, or if the owners were aware of the fraud. If the management was involved it can lead to disqualification.
We highly recommend any store that receives a letter speak to 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