If you accept EBT at your retail store, then you might have been the recipient of a a notice from the USDA. The letter is most likely a SNAP violation letter, which is alleging you are in violation of the SNAP program. The government will attach a number of pages to the SNAP violation letter, and it will have records of transactions that happened at your store which the government claims is in violation of one or more groups of violations.
The first thing after you get a SNAP violation notice, you must speak to our our legal team. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the government will terminate/suspend your stores privilege to accept EBT payments.
About The SNAP Program
This program provides families with a certain amount of money each month. The SNAP program benefits are given through an EBT card. The funds on the EBT card aren’t for general use, and they cannot be used for fraudulent cash back transactions. The EBT cards took over for food stamps in the 1990’s and the card is issued by each state individually which the SNAP participant lives. The program is run on a national level by the federal government.
The program 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 does it mean to have a SNAP violation
SNAP legal violations occur when a retail store is in violation of the rules below.
The grocery store is accused ofthe trafficking of SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or stealing the benefits.
Your retail store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false information on your retail stores application to accept EBT benefits.
Your grocery store redeemed more EBT food stamps than food sales over the same period.
Your employees accepted SNAP benefits from someone who shouldn’t be allowed to use the benefits.
How we can help defend you against a SNAP violation notice
Our law firm has experience managing SNAP appeals letters. Our team of attorneys can handle your SNAP violation process in all 3 phases of a SNAP action.
Sending the violation letter is the first step which is going to be taken by USDA to take away your right to take EBT benefits. This comes with no warning and can happen at any time. The violation letter will contain allegations, but most of them will detail violations, and have attached documents detailing 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 believe that your store has violated the rules. If this happens, the USDA will 100% issue another letter that specifically states their decision to suspend or disqualify the retail store based on the alleged violations. You have 10 days to appeal this. If you don’t, you’ll be stuck with the USDA decision. Once you hire our lawyers, we’ll file the necessary paperwork to notify the government appeal the decision. Our lawyers 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 overturn the decision.
In the event the USDA refuses to override the 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 attorneys can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there are many laws have to obey in order to accept EBT. In most normal situations, many retail 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, people getting SNAP benefits cant buy electronic goods. If you violate the laws, you’ll probably get a SNAP violation letter. Penalties of violating SNAP can result in severe and business crushing penalties. If you conduct a serious violation, then you may end up with either a permanent or temporary disqualification. In many situations, store owners didn’t even know SNAP violations are even occurring. Often, it’s dishonest employees are misusing the SNAP EBT program. It’s helpful to consult with a SNAP violation attorney to ensure sure you don’t have your benefits revoked.
When a charge letter is sent to your retail store, you only have ten days to respond to the allegations. Your failure to respond to the violations will permanently harm your store. If you don’t respond the USDA will make a verdict even though you don’t respond to the allegations. Without legal experience, you cannot defend your store. Retaining a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers can discredit the decision of the USDA and fight any penalties. The fines imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose does large fines to in order to curb future violations. The USDA will look to see if you have a store compliance policy in place. It must be in writing at the store and the policy must be when the allegations 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 will also look to see if the 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.
We highly recommend 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