If you accept EBT at your grocery store, then may have gotten a letter of warning from the USDA. This notification is most likely a SNAP violation letter, which is claiming you violated the SNAP program. The government will attach a number of pages to the SNAP violation letter, and it will contain transactions which happened at your store that the USDA is saying is in violation of one or more groups of violations.
After you get a SNAP violation notice, you should contact our legal team. Remember, you have only ten days to respond to the letter. If you choose to ignore, the government will suspend your stores ability to accept EBT.
About The SNAP Program
The SNAP program helps families with get food each month. These benefits are distributed with an EBT card. The benefits on the card are not 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 in the state which the SNAP participant lives. The SNAP program is operated on a nationwide level by the federal government.
This government and it’s benefits are under handled 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 violations happen if and when a grocery store violates any of the rules below.
The retail store is accused ofthe trafficking of SNAP benefits. This can mean fraudulently accepting benefits, or theft of the benefits.
Your grocery store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect information on your store’s application to accept EBT benefits.
The store took money for more coupons than sale of actual food over the same period.
Your employees have taken SNAP benefits from someone who isn’t allowed to use them.
How to defend your store against a SNAP violation
Our law firm has experience managing SNAP violations letters. We can handle your SNAP violation process in all 3 phases of a SNAP action.
The charging 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 appear at any time. The charging letter will have allegations in it, but most of them will outline violations, have evidence attached proving 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 SNAP violation letter, the USDA may still decide that a violation has occurred. If that happens, the USDA will issue another letter that specifically states their decision to suspend or disqualify the grocery store based on the allegations set forth. Like before, you have ten days to appeal the decision. If you choose not to, then you’ll be stuck with the USDA decision. After you hire our lawyers, our team the appeal and notify the USDA we are going to appeal their decision. We’ll collect necessary evidence, and we will draft generate the necessary appeals briefs which contains all of the case law, legal evidence, etc. which is critical to overturn the decision.
In the event the USDA refuses to override the decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal Court. This process is like a normal federal court 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 food store retailer, there’s a lot of rules and regulations which you have to adhere to for EBT. In most normal situations, 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 buy electronic goods. If, and when, you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can result in fines, and penalties. If it’s believed you did a serious SNAP violation, then you might end up with either a permanent or temporary disqualification. In many situations, store owners didn’t even know the violations were even occurring. Often, 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 SNAP violation letter is sent to your store, you have only ten days to respond to the allegations. Your failure to respond to the violations will permanently harm your store. In addition, the USDA will make a verdict even though 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 lawyers will discredit the findings of the USDA and appeal any decision. The penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully imposes huge fines to in order to curb future violations. The USDA look to see if you have a store compliance policy. The policy has to be in writing at the store and the policy must be at the time the violations were filed.
The store owner must 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 typically also looks to see if the retail store owners benefited in any way from the fraud, or were aware of the violation. Any involvement of the management can lead to disqualification.
We highly recommend any grocery store owner that receives 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