For many grocery retailers, accepting EBT payments from customers enrolled in SNAP constitutes a major part of their business. Thus, when they receive a letter from the USDA stating SNAP violations have occurred at their store, severe consequences could follow. Whether that involves fines, disqualification of their ability to accept EBT payments, of a combination of the two, this is an issue that should never be underestimated. Instead, upon being made aware of the allegations, it’s vital you contact a SNAP violation lawyer who has handled numerous cases of this nature. By doing so, you’ll not only have an experienced and knowledgeable legal expert in your corner, but you’ll also gain a better understanding of the allegations levied against you.
Understanding SNAP
While many people remember the traditional food stamps from two decades ago, some are unclear of how SNAP works. By replacing paper food stamps with an EBT debit card, consumers simply use these cards that have an allotted amount of money loaded on them each month to purchase food. However, they are to be used for food purchases only, and thus not for general usage. Yet many customers attempt to use them to get cash back services, which is a clear violation of USDA policy. If this is found to have happened at your store, expect to hear from the USDA in the form of a violation letter. Having only 10 days to reply to the letter, it’s imperative you waste no time in speaking with an attorney, since failing to respond to these letters is basically an admission of guilt, and can result in large fines and other penalties.
Describing SNAP Violations
Because there are numerous people using EBT benefits, that unfortunately creates many opportunities for fraud and other violations to take place. In most grocery stores, the most common SNAP violations are:
–Fraudulent acceptance or theft of EBT benefits
–Submitting false information on an application to accept EBT payments
–Accepting EBT payments in exchange for tobacco or alcohol
–Accepting EBT payments from those not allowed to use an EBT card
–Redeeming EBT payments totaling more than the amount of food sold
Whether you have been alleged to have had only one or perhaps all of these violations happen at your place of business, don’t stand still and let much time pass. Instead, schedule a meeting with an attorney at your earliest possible convenience, since you will need time to explain your situation and have the attorney decide on a proper course of action.
Defenses to SNAP Violations
When it comes to these violations, the USDA does not let those they have targeted have much time to respond. With the initial letter, there are only 10 days to respond to the allegations. If you have a lawyer handling your case, they will gather evidence to support your case, then draft and send a response to the USDA. Most of the time, the initial response will be denied by the USDA, which then gives you another 10 days to appeal the decision. If you so choose, your lawyer will again gather evidence and submit another response. However, don’t be surprised to have the appeal denied. But rather than having that be the end, your attorney will then submit a request for a Judicial Review, meaning your case will be heard in federal court. By doing this, your SNAP violation lawyer will perform discovery, file various motions, and develop a strategy that could prove beneficial to your case.
Violation Consequences
If you are found to have committed SNAP violations, be prepared to suffer extreme consequences. For starters, your store will face hefty fines that total tens of thousands of dollars. Along with this, your store will be either temporarily or permanently disqualified from accepting EBT payments for as long as five years, severely impacting your profits. Either way, your store could potentially be forced out of business.
Hiring an Attorney
To ensure you are able to navigate this complex legal process and come out on the winning side, hire a SNAP violation lawyer immediately. In doing so, you will gain peace of mind, as well as a qualified legal professional who can take on the federal government and win