If you’re a retailer who accepts EBT at your retail store, then you might have received a official notice from the USDA. The letter is most likely a SNAP violation notice, which is stating you violated the SNAP program. The USDA will attach a number of pages to the SNAP violation letter, which will have records of transactions that occurred at your retail store that the USDA is saying violates one or more groups of violations.
After you get a SNAP violation letter, you should definitely contact our legal team. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the USDA will terminate/suspend your grocery store’s ability to accept EBT payments.
About The SNAP Program
The SNAP program helps families with get food each month. These benefits are distributed to consumers with an EBT card. The SNAP benefits on this card cannot legally be used for general use, 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 by each state individually where the recipient lives. This program is run on a national level by the federal government.
This federal and the benefits that come with it 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 counts as a SNAP violation
SNAP legal violations happen when a grocery store is in violation of the rules below.
The store took part intrafficking SNAP benefits. This can mean fraudulently accepting 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 information on the store’s application to accept EBT benefits.
The store took money for more coupons than food sales at the same time.
The employees of the store have taken SNAP benefits from someone who isn’t allowed to use them.
How to defend your store against a SNAP violation
Spodek Law Group has immense experience managing SNAP violations letters. We can handle your SNAP violation process in all 3 phases of a SNAP Violation action.
Sending the violation letter is the initial step taken by the USDA to remove your right to take EBT benefits. The letter can come with no warning and can appear at any time. The violation letter has a variety of allegations, but most of them will outline violations, have evidence attached proving the violations. You have only 10 days to respond. After you hire our law firm, our lawyers 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 may still believe that a violation has occurred. If that happens, they’ll will 100% issue another letter that outlines the governments decision to suspend or disqualify the store based on the allegations set forth. You have 10 days to appeal this. If you choose not to, then you’ll be unable to protest the USDA decision. After you hire our lawyers, we file the legal papers to notify them appeal the decision. Our lawyers collect necessary evidence, and we will draft generate an appellate brief which contains all of the case law, legal evidence, etc. which is critical to overturn the decision.
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 Court. The Judicial Appeal is like a normal 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 food store retailer, there’s a lot of rules and regulations 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 limitations. For example, people getting SNAP benefits cant get electronic goods. If, and when, you violate the laws, you should expect getting a SNAP violation letter. Penalties of violating SNAP can result in severe fines. If it’s believed you did a major violation, then you might end up with either a permanent or temporary disqualification. In most cases, store owners don’t know the violations are even happening. In many situations, dishonest employees who are misusing the SNAP program. It’s helpful to consult with a SNAP violation appeals lawyer in order to make sure you don’t have your benefits revoked.
When a SNAP violation letter is presented to your grocery store, you only have 10 days to respond to the violations. Failure to respond to the violations will permanently harm your store. In addition, the USDA will deliver a verdict even though you choose not to respond to the allegations. In the absence of a SNAP violation attorney, you cannot defend your store. Hiring a SNAP violation lawyer gives you a fighting change. Our lawyers will challenge the findings of the USDA and fight any penalties. The penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully imposes huge fines to curb violations. The USDA will look to see if you have a store compliance policy in place. It has to be in writing and the policy must be when the allegations were filed.
The grocery store also be able to prove the compliance policy was in place before the charge, and was not drafted after the violation letter. The USDA will also look in order to check if the grocery store owners benefited from the violations, or were aware of the violation. If the management was involved it can lead to disqualification.
It’s highly recommended any grocery store owner that gets a violation letter speak to with a SNAP violation attorney. Failure can result 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