Nationwide SNAP Violation Lawyers

San Francisco Snap Violation Attorneys

As per the United States Department of Agriculture (USDA) the Supplemental Nutrition Assistance Program (SNAP) provides nutrition service to low income recipients and their families across the United States. The U.S. Food and Nutrition Service (FNS) works with the USDA and agencies in helping to maintain the integrity of the SNAP program. Individuals and families who receive SNAP program assistance need only present their electronic benefits transfer (EBT) card when purchasing food covered by SNAP, and the retailer is paid by SNAP for those items.

The Notice
A retailer who participate in the SNAP program might receive a USDA notice alleging that the retailer violated SNAP regulations. That notice would be accompanied by exhibits of transactions that were processed that the USDA claims were violation of one or more categories of regulations. If you receive such a notice, you only have 10 days to forward a timely response. You’ll want to contact our offices right away. Failure to forward a timely response is likely to result in immediate suspension of your store’s privilege to receive payments from SNAP. You can be disqualified from participating in the SNAP program for up to five years. For many retailers, that could result in overwhelming losses that could be impossible to recover from.

What’s an EBT card?
EBT cards replaced food stamps about 20 years ago. A sum of money is set aside by the USDA for participating individuals or families. Participants can then use that money through their EBT cards to buy food and other nutritional products.

Snap Violations
In order for retailers to maintain their involvement with the SNAP program, complicated rules and regulations must be complied with. Use of benefits and EBT cards come with restrictions. For example, SNAP benefit recipients cannot buy alcohol or cigarettes with EBT cards. Constant audits are performed by the USDA, and if you’re accepting SNAP payments for those items, you can expect to receive a violation notice in the future. If you’re found to be in violation of SNAP rules and regulations, the consequences can be devastating to you and your retail store. Major violations can result in suspension or revocation of your SNAP privileges. In many cases, the retailer doesn’t even know that employees have been abusing the program. If you’re one of those retailers, you’ll want to speak with us immediately.

Examples of Common Snap Violations
A retailer must apply to participate in the SNAP program. All information on the application must be true and correct. The general rule is that a store is in violation of USDA rules and regulations when it participates in fraudulent acceptance of SNAP benefits or the theft of them. Retailers involved with SNAP cannot accept SNAP benefits for goods like electronics or decorations. They cannot accept more EBT benefits than food sales, and a store’s employees are not prohibited from accepting SNAP benefits from a person who isn’t allowed to use them.

Defense of SNAP Violation Allegations
Our law firm has vast experience in efficiently and effectively representing retailers from thee time of receipt of the violation letter to conclusion of any due process hearings. After we’re retained by a retailer, we gather all relevant and material evidence, draft all necessary pleadings and responses and communicate directly with the USDA. Should the USDA persist in its allegations, another letter will be sent by it advising of its decision to suspend or disqualify the retailer from the SNAP program. Another 10 days is allowed to respond to that letter and seek administrative review of it. Should it refuse to reverse its decision after administrative review, judicial review can be sought in the federal court system.

We’re available to defend alleged SNAP violations in all 50 states. Given the short 10 day period to file a response to SNAP violation allegations, you’ll need to contact us immediately after receiving a letter detailing any alleged violations. Don’t sit on your rights. If you’re a retailer in the SNAP program, and you receive notice of an alleged violation of its rules and regulations, contact us immediately. You don’t want your privileges to participate in the program suspended or revoked.