If you’re a retailer who accepts EBT at your retail store, then you might have been the recipient of a a letter of warning from the USDA. The notification is probably a SNAP violation notice, which is claiming you violated the SNAP program. The government will include proof to the SNAP violation notice, which will have records of transactions that occurred at your grocery store which the government is saying is in violation of one or more categories of violations.
The first thing after you get a SNAP violation notice, you must contact 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 stores ability to take EBT.
About The Program
The SNAP program provides families with a certain amount of money each month. The SNAP program benefits are given with an EBT card. The benefits on this card cannot legally be used for general usage, and they can’t be used for fraudulent cash back services. The EBT cards took over for food stamps in the 1990’s and the card is issued in the state where the recipient lives. This program is operated on a nationwide level by the government.
The SNAP government and the benefits that come with it 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 counts as a SNAP violation
SNAP legal violations happen when a store violates any of the following rules.
The grocery store was involved inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting the benefits, or stealing the benefits.
Your retail store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect information on the grocery stores application to accept EBT benefits.
Your grocery store took money for more EBT food stamps than actual food sales at the same time.
Your employees accepted SNAP benefits from someone who isn’t eligible to use the benefits.
Defending against a SNAP Violation Letter
Our law firm has immense experience managing SNAP appeals letters. Our law firm can handle your SNAP Violation appeal in all 3 phases of a SNAP action.
Sending the violation letter is the initial step which is going to be taken by USDA to remove your right to take EBT benefits. The letter can come with, or without, prior warnings and can happen at any time. The violation letter contain details about alleged violations, but most letters will detail violations, and have attached documents detailing the violations. You have only 10 days to respond. After 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 violation letter, the USDA might still decide that your store has violated the rules. If that happens, they’ll will 100% issue another letter that outlines the agencies decision to suspend or disqualify the retail store based on the allegations set forth. You have 10 days to appeal this. If you don’t, you’ll be stuck with the USDA decision. After you hire our lawyers, our team the necessary paperwork to notify them we are going to appeal their decision. Our lawyers collect necessary evidence, and we will draft generate an appellate brief 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 District Court. This next phase is like a normal case, where you’ll have to do standard processes like discovery, file motions, and have a trial. Our lawyers can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there are many laws you have to adhere to for EBT. In most normal situations, many grocery store owners don’t run into problems. However, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant buy electronic goods. As a retailer, if you violate the laws, you should expect getting a SNAP violation letter. Penalties of violating SNAP can result in fines, and penalties. If you conduct a major SNAP violation, then you might end up with either a permanent or temporary disqualification. In most cases, owners of grocery stores 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 to make sure you don’t have your benefits revoked.
When a charge letter is sent to your retail store, you only have ten days to respond to the violations. Your failure to respond will permanently harm 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 cannot defend your store. Retaining a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers can fight the findings of the USDA and fight any decision. The penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully does huge fines to curb violations. The USDA look to see if you have a store compliance policy. It must be in writing and the policy must be when the allegations were filed.
The grocery store also has to be able to prove the above mentioned policy was in place before the charge, and wasn’t drafted after the violation was made. The USDA will also look in order to see if the owners benefited from the violations, or were aware of the violation. If the management was involved it can lead to disqualification.
We highly recommend any owner that receives a 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