If you’re a retailer who accepts EBT at your retail store, then may have been the recipient of a a official warning from the USDA. This notification is most likely a SNAP violation notice, which is claiming you are in violation of the SNAP program. The USDA will include proof to the SNAP violation notice, which will have records of transactions that occurred at your retail store that the USDA is saying is in violation of one or more groups of violations.
The first thing after you get a SNAP violation notice, you should definitely contact our legal team. Remember, you have only ten days to respond to the letter. If you don’t respond, the government will suspend your stores ability to accept EBT payments.
About The SNAP Program
The SNAP program provides families with a certain amount of money each month. The SNAP program benefits are distributed to consumers via an EBT card. The SNAP benefits on the EBT card cannot legally be used for general usage, and they can’t be used for fraudulent cash back transactions. The cards took over for food stamps in the 1990’s and the card is issued in the state where the consumer lives. The SNAP program is operated on a national level by the government.
This program and it’s parameters are governed by the US 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 occur if and when a retail store is in violation of the rules below.
The grocery store was involved intrafficking SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or stealing the benefits.
The grocery store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false information on the store’s application to accept EBT benefits.
The store took money for more coupons than food sales during the same period.
Your employees took SNAP benefits from someone who isn’t allowed to use them.
How we can help defend you against a SNAP violation notice
Our law firm has experience handling SNAP appeals letters. Our team of attorneys can handle your SNAP violation process in all 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 will have allegations in it, but most letters will mention violations, have evidence attached proving the violations. You have only 10 days to respond. Once 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 feel that a violation has occurred. If that happens, the USDA will definitely send a second letter that outlines the governments legal verdict to suspend or disqualify the retail store based on the allegations set forth. Like before, you have 10 days to protest this decision. If you don’t, you’ll be stuck with the USDA decision. Once you hire our lawyers, we file the necessary paperwork and notify the government appeal the decision. Our lawyers collect necessary evidence, and our team will generate the necessary appeals briefs containing all of the legal laws, evidence, etc. which is needed to fix the outcome.
If the USDA refuses to overturn the decision, in the Administrative Review, our lawyers will 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 law firm can handle these cases in all 50 states.
SNAP Violations
As a grocery 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 don’t run into problems. However, USDA’s SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant get 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 you conduct a major violation, then you might end up with a temporary or permanent disqualification. In most cases, store owners didn’t even know SNAP violations are even happening. Often, it’s dishonest employees are misusing the SNAP program. It’s helpful to speak with a SNAP violation appeals lawyer to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your store, you only have 10 days to respond to the claims. Failure to respond to the allegations will permanently harm your store. In addition, the USDA will generate a verdict even though you don’t respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers will discredit the findings of the USDA and appeal any penalties. The financial penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully 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 and the policy must be when the violations were filed.
The retailer also has to 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 owners benefited in any way from the fraud, or if the owners were aware of the fraud. If the management was involved it can lead to disqualification.
We highly recommend any grocery store owner that receives a allegation letter speak to 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