If you’re a retailer who accepts EBT at your retail store, then may have received a notice from the USDA. This letter is probably a SNAP violation notice, which is stating you violated the SNAP program. The government will include proof to the SNAP violation letter, which will have transactions which happened at your grocery store which the government claims violates one or more categories of violations.
After you get a SNAP violation letter, you must speak to our our legal team. Remember, you have only ten days to respond to the letter. If you choose to ignore, the USDA will terminate/suspend your grocery store’s ability to accept EBT.
About The SNAP Program
The SNAP program helps families with a certain amount of money each month. These benefits are distributed with an EBT card. The benefits on the card cannot be used for general use, and they can’t be used for fraudulent cash back transactions. The EBT cards took over for food stamps in the 1990’s and the card is issued in the state which the SNAP participant lives. This program is run on a national level by the federal government.
The program and the benefits that come with it are under handled by the United States 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 store was involved intrafficking SNAP benefits. Examples of this is fraudulently accepting the benefits, or stealing the benefits.
Your grocery store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false info on the retail stores application to accept EBT benefits.
The store redeemed more coupons than sale of actual food at the same time.
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. Our law firm can handle your SNAP Violation appeal in all phases of a SNAP violation action.
Sending the violation letter is the initial step taken by the USDA to remove your right to take EBT benefits. This letter may come with no warning and can appear at any time. The SNAP violation letter has a variety of allegations, but most letters will mention serious allegations, have evidence attached proving the violations. You have only 10 days to respond. After 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 SNAP violation letter, the USDA might still believe that a violation has occurred. If that happens, the USDA will issue a second letter which outlines the governments decision to suspend or disqualify the retail store based on the alleged violations. Like before, you have 10 days to appeal this verdict. If you choose not to, you’ll be unable to protest the USDA decision. After you hire our law firm, our team the necessary paperwork and notify them we are going to appeal their decision. Our lawyers gather necessary evidence, and our team will generate the necessary appeals briefs containing all of the case law, legal evidence, etc. which is necessary to change the outcome of the violations.
In the event the USDA refuses to change the binding decision, in the Administrative Review, we’ll file a Judicial review at the local Federal District Court. The Judicial Appeal is like a normal 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’s a lot of rules and regulations have to obey in order to accept EBT. In most cases, many grocery store owners have no problems adhering to them. However, SNAP 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, and when, you violate the laws, you should expect getting a SNAP violation letter. Penalties of violating SNAP can include fines and penalties. If you conduct a major SNAP violation, then you may end up with either a permanent or temporary disqualification. In most cases, store owners don’t know the violations are even occurring. In many situations, dishonest employees who are misusing the SNAP program. It’s helpful to discuss your case with a SNAP violation appeals lawyer in order to make sure you don’t have your benefits revoked.
When a charge letter is sent to your retail store, you have only ten days to respond to the allegations. Failure to respond to the allegations will permanently crush your store. If you don’t respond the USDA will make a verdict even if 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. Retaining a SNAP violation lawyer gives you a fighting change. Our lawyers can fight the findings of the USDA and fight any decision. The financial penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully does huge 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 in effect at the time the violations were filed.
The grocery store also has to be able to prove the compliance policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA typically also looks in order to check if the retail store owners benefited from the violations, or if the business owners were aware of the fraud. If the management was involved it can lead to disqualification.
It’s highly recommended any grocery store owner that receives a allegation 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