If you’re a retailer who accepts EBT at your grocery store, then you might have gotten a letter from the USDA. The notification is probably a SNAP violation notice, which is stating you violated the SNAP program. The government will attach a number of pages to the SNAP violation notice, which will contain records of transactions which occurred at your store that the USDA is saying violates one or more categories of violations.
After you get a SNAP violation letter, you must contact our legal team. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the government will terminate/suspend your stores ability to take EBT.
About The SNAP Program
The SNAP program helps families with funds to buy food each month. The SNAP program benefits are given with an EBT card. The benefits on this card are not for general use, and they can’t be used for cash back transactions. The cards took over for food stamps in the 1990’s and are issued in the state where the consumer lives. The program is run 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 grocery store violates any of the rules below.
The grocery store was involved inthe trafficking of SNAP benefits. This can mean fraudulently accepting taking the benefits, or theft of the benefits.
Your grocery store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false info on the store’s application to accept EBT benefits.
Your store took money for more coupons than actual food sales at the same time.
Your employees accepted 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 handling SNAP appeals letters. Our team of attorneys can handle your SNAP Violation appeal in all 3 phases of a SNAP violation action.
Sending the letter is the first step which is taken by the USDA USDA to remove your right to take EBT benefits. This letter may come with no warning and can appear at any time. The charging letter will have allegations in it, but most letters will outline violations, with an attachment of details. Your response to the SNAP violation letter is due within 10 days. Once 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.
Once the USDA reviews your answer to the violation letter, the USDA may still feel that your store has violated the rules. If that happens, the USDA will 100% issue a second letter which outlines the agencies decision to suspend or disqualify the retail store based on the allegations set forth. Like before, you have ten days to protest the decision. If you don’t, then you’ll be stuck with the USDA decision. After you hire our firm, our team the legal papers and notify the USDA appeal the decision. We’ll gather necessary evidence, and our team will draft an appellate brief containing all of the case law, evidence, etc. which is necessary to fix the outcome.
In the event the USDA refuses to overturn the legal decision, in the Administrative Review, we’ll file a Judicial review at the local Federal District Court. This next phase is like a normal federal court case, where you’ll have to do standard processes like 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 are many laws you have to adhere to for EBT. In most normal situations, many retail store owners have no issues adhering to them. However, USDA’s SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limits on how the funds can be used. For example, SNAP recipients cant buy electronic goods. If you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can result in severe and business crushing penalties. If it’s believed you did a serious SNAP violation, then you may end up with a temporary or permanent disqualification. In many situations, 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 consult with a SNAP violation attorney in order to ensure sure you don’t have your benefits revoked.
When a charge letter is sent to your retail store, you have only 10 days to respond to the claims. Your failure to respond to the allegations will permanently crush your store. If you don’t respond the USDA will deliver a verdict even though you don’t respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers will discredit the decision of the USDA and appeal any penalties. The fines imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose does huge fines to curb violations. The USDA will look to see if you have a store compliance policy in place. The policy must be in writing and the policy must be at the time the violations were filed.
The grocery store also be able to prove the compliance policy was in existence before the allegations, and was not drafted after the violation letter. The USDA typically also looks in order to see if the grocery store owners benefited in any way from the fraud, or if the owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
We highly recommend any owner 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