If you’re a retailer who accepts EBT at your grocery store, then you might have gotten a letter of warning from the USDA. The notification is probably a SNAP violation letter, which is claiming you are in violation of the SNAP program. The government will include proof to the SNAP violation letter, which will contain records of transactions that occurred at your grocery store which the government claims is in violation of one or more genres of violations.
After you get a SNAP violation notice, you must contact our law firm. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the government will suspend your stores privilege to accept EBT payments.
About The SNAP Program
This program helps families with funds to buy food each month. The SNAP program benefits are distributed via an EBT card. The SNAP benefits on the card cannot be used for general usage, and they can’t be used for fraudulent 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 SNAP program is operated on a national level by the federal government.
This program and it’s parameters 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’s a SNAP Violation
Snap violations occur if and when a grocery store violates any of the rules below.
The retail store took part inthe trafficking of 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.
Your store submitted incorrect information on the grocery stores application to accept EBT benefits.
The store redeemed more EBT food stamps than sale of actual food over the same period.
Your employees accepted 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 appeals letters. Our team of attorneys can handle your SNAP violation process in all 3 phases of a SNAP Violation action.
The charging letter is the initial step which is taken by the USDA USDA to take away your right to take EBT benefits. This comes with, or without, prior warnings and can happen at any time. The SNAP violation letter contain details about alleged violations, but most of them will outline violations, have evidence attached proving the violations. You have only 10 days to respond. Once 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.
After reviewing the store’s answer to the notice of violation, the USDA may still believe that a violation has occurred. If that happens, they’ll will issue another letter which outlines their decision to suspend or disqualify the store based on the accusations previously mentioned. Like before, you have ten days to protest this decision. If you choose not to, then you’ll be unable to protest the USDA decision. After you hire our law firm, our team the necessary paperwork and notify them appeal the decision. Our lawyers gather necessary evidence, and our team will generate the necessary appeals briefs which contains all of the legal laws, evidence, etc. which is critical to change the outcome of the violations.
In the event the USDA refuses to overturn the decision, in the Administrative Review, we 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 attorneys can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there’s a lot of rules and regulations which you have to adhere to for EBT. In most normal situations, many grocery store owners have no problems adhering to them. However, USDA’s SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant purchase electronic goods. As a retailer, if you violate the laws, you’ll get a SNAP violation letter. Penalties of violating SNAP can result in severe and business crushing penalties. If it’s believed you did a serious SNAP violation, then you may end up with either a permanent or temporary disqualification. In many situations, owners of grocery stores don’t know the violations were even happening. In many situations, dishonest employees who are misusing the SNAP EBT program. If you’re accused of a SNAP violation to discuss your case with a SNAP violation attorney to ensure sure you don’t have your benefits revoked.
When a charge letter is sent to your store, you have only 10 days to respond to the claims by the USDA. Your failure to respond to the violations will permanently harm your store. In addition, the USDA will make a verdict even though you don’t respond to the allegations. Without legal experience, you cannot defend your store. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers can challenge the decision 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 imposes large fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. The policy must be in writing at the store and in effect when the violations were filed.
The store owner must has to be able to prove the compliance 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 grocery store owners benefited from the violations, or if the owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
It’s highly recommended any store that receives a violation 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