If you accept EBT at your grocery 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 stating you are in violation of the SNAP program. The government will attach a number of pages to the SNAP violation notice, and it will have records of transactions that occurred at your store which the USDA claims is in violation of one or more categories of violations.
After you get a SNAP violation letter, you should definitely speak to our our law firm. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the USDA will terminate/suspend your stores ability to accept EBT payments.
About The SNAP Program
The SNAP program helps families with get food each month. These benefits are given through an EBT card. The funds on the card aren’t for general use, and they can’t be used for cash back transactions. The cards took the place of 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 nationwide level by the federal government.
The program and it’s parameters are governed by the United States Code and the Code of Federal Regulations. The USDA FNS agency enforces the regulations and runs the program.
What counts as a SNAP violation
Snap violations happen when a retail store violates any of the following rules.
The retail store is accused oftrafficking SNAP benefits. This can mean fraudulently accepting benefits, or stealing the benefits.
Your grocery store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect information on the store’s application to accept EBT benefits.
The grocery store redeemed more coupons than food sales at the same time.
The employees of the store have taken SNAP benefits from someone who shouldn’t be allowed to use the benefits.
How to defend your store against a SNAP violation
Our law firm has immense experience managing SNAP violations letters. We can handle your SNAP Violation appeal in all 3 phases of a SNAP action.
The charging letter is the initial step which is taken by the USDA USDA to remove your EBT license. This comes with no warning and can appear at any time. The SNAP violation letter contain details about alleged violations, but most of them will detail serious allegations, and have attached documents detailing the violations. Your response to the SNAP violation letter is due within 10 days. Once you hire our law firm, we handle all of the communicationswith the USDA and for compiling all the necessary evidence, and drafting a response to the USDA.
After reviewing the store’s answer to the notice of violation, the USDA might still feel that a violation has occurred. If this happens, the USDA will issue a second letter that specifically states the agencies legal verdict to suspend or disqualify the grocery store based on the accusations previously mentioned. Like before, you have 10 days to appeal the verdict. If you choose not to, then you’ll be stuck with the USDA decision. After you hire our firm, our team the appeal and notify the government appeal the decision. We’ll collect necessary evidence, and our team will draft the necessary appeals briefs which contains all of the case law, evidence, etc. which is critical to overturn the decision.
In the event the USDA refuses to override the binding decision, in the Administrative Review, we will file a Judicial review at the local Federal Court. The Judicial Appeal is like a normal court case, where you’ll have to do standard processes like 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 cases, many retail store owners have no issues adhering to them. However, USDA’s 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 purchase electronic goods. If you violate the laws, you should expect getting a SNAP violation letter. Penalties of violating SNAP can result in severe fines. If you conduct a serious violation, then you might end up with either a permanent or temporary disqualification. In many situations, owners of grocery stores don’t know the violations are even happening. Often, unethical employees are misusing the SNAP program. If you’re accused of a SNAP violation to speak with a SNAP violation appeals lawyer to make sure you don’t have your benefits revoked.
When a charge letter is delivered to your store, you have only 10 days to respond to the violations. Failure to respond to the allegations will permanently crush your store. In addition, the USDA will make a verdict even if you choose not to respond to the allegations. Without legal experience, 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 can fight the decision of the USDA and fight any decision. The fines imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully chooses to impose large fines to in order to curb future violations. The USDA will look to see if you have a store compliance policy in place. The policy has to be in writing and in effect at the time the violations were filed.
The store owner also has to be able to prove the compliance policy was in place before the charge, and was not drafted after the violation letter. The USDA will also look in order 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.
It’s highly recommended any store that receives a violation 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