If you accept EBT at your retail store, then may have received a official warning from the USDA. This notice is probably a SNAP violation notice, which is alleging you are in violation of 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 which the government claims violates one or more genres of violations.
The first thing after you get a SNAP violation letter, you should definitely speak to our our legal team. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the USDA will suspend your stores ability to accept EBT.
About The SNAP Program
The SNAP program provides families with money each month. The SNAP program benefits are distributed to consumers with an EBT card. The SNAP benefits on this card cannot legally be used for general usage, and they cannot be used for cash back transactions. The EBT cards took the place of food stamps in the 1990’s and are issued in the state where the consumer lives. The SNAP program is run on a nationwide level by the federal government.
This federal and it’s benefits 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 violations happen when a grocery store violates any of the following rules.
The retail store was involved intrafficking SNAP benefits. This can mean fraudulently accepting benefits, or stealing the benefits.
Your grocery store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect info on your store’s application to accept EBT benefits.
The store took money for more coupons than food sales at the same time.
Your employees accepted SNAP benefits from someone who isn’t allowed to use them.
Defending against a SNAP Violation Letter
Spodek Law Group has experience managing SNAP violation letters. Our team of attorneys can handle your SNAP Violation appeal in all 3 phases of a SNAP violation action.
The charging letter is the first step which is taken by the USDA USDA to take away your EBT license. The letter can come with, or without, prior warnings can come at any time. The violation letter contain details about alleged violations, but most letters will lay out violations, and have attached documents detailing 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.
Once the USDA reviews your answer to the violation letter, the USDA may still decide that your store has violated the rules. If this happens, the USDA will 100% issue another letter that specifically states the agencies legal verdict to suspend or disqualify the grocery store based on the allegations set forth. Like before, you have 10 days to protest this decision. If you don’t, you’ll be stuck with the USDA decision. After you hire our law firm, our team the legal papers and notify the government we are going to appeal their decision. We’ll gather necessary evidence, and our team will generate the necessary appeals briefs containing all of the case law, 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 will file a Judicial review at the local Federal 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 food store retailer, there’s a lot of rules and regulations have to obey in order to accept EBT. In most normal situations, many grocery store owners don’t run into problems. 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 purchase electronic goods. If you violate the laws, you’ll 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 might end up with a temporary or permanent disqualification. In most cases, owners of grocery stores didn’t even know the violations were even occurring. In many situations, it’s dishonest employees are misusing the SNAP program. If you’re accused of a SNAP violation to discuss your case with a SNAP violation lawyer to make sure you don’t have your benefits revoked.
When a SNAP violation letter is delivered to your retail store, you only have ten days to respond to the claims by the USDA. Your failure to respond to the violations will permanently crush your store. If you don’t respond the USDA will make a verdict even if 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 lawyers can fight the findings of the USDA and fight any penalties. The fines 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 will look to see if you have a store compliance policy in place. The policy must be in writing at the store and the policy must be when 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 will also look to see if the retail store owners benefited from the violations, or were aware of the violation. If the managers were involved, it can lead to disqualification.
We highly recommend any owner that receives a letter consult 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