If you accept EBT at your retail store, then you might have received a official notice from the USDA. This letter is most likely a SNAP violation letter, which is stating you violated the SNAP program. The USDA will include proof to the SNAP violation notice, and it will have records of transactions which occurred at your grocery store that the government claims is in violation of one or more groups of violations.
The first thing after you get a SNAP violation letter, you should speak to our our law firm. Remember, you have only ten days to respond to the letter. If you don’t respond, the USDA will suspend your stores ability to accept EBT payments.
About The SNAP Program
The SNAP program helps families with funds to buy food each month. These benefits are distributed via an EBT card. The benefits on the card cannot be used for general use, and they can’t be used for cash back transactions. The cards took the place of food stamps in the 1990’s and are issued by each state individually where the recipient lives. This program is operated on a nationwide level by the government.
The SNAP program and it’s parameters are governed by the United States Code and the Code of Federal Regulations. The USDA FNS agency enforces the regulations and runs the program.
What does it mean to have a SNAP violation
Snap violations happen if and when a retail store is in violation of the rules below.
The store took part inthe trafficking of SNAP benefits. This can mean fraudulently accepting the benefits, or stealing the benefits.
The retail store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false information on your retail stores application to accept EBT benefits.
Your store redeemed more coupons than food sales during the same period.
Your employees accepted SNAP benefits from someone who isn’t allowed to use them.
How we can help defend you against a SNAP violation notice
Spodek Law Group has immense experience managing SNAP violations letters. We can handle your SNAP Violation appeal in all 3 phases of a SNAP action.
Sending the letter is the first step taken by the USDA to remove your right to take EBT benefits. The letter can come with no warning can come at any time. The violation letter will have allegations in it, but most of them will lay out violations, and have attached documents detailing 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, the USDA will 100% issue a second letter that specifically states the agencies decision to suspend or disqualify the grocery store based on the accusations previously mentioned. Like before, you have 10 days to protest this decision. If you don’t, then you’ll be stuck with the USDA decision. After you hire our lawyers, we’ll file the legal papers and notify the government appeal the decision. We’ll collect necessary evidence, and we will draft draft an appellate brief which contains all of the case law, legal evidence, etc. which is necessary to overturn the decision.
In the event the USDA refuses to overturn the decision, in the Administrative Review, we’ll file a Judicial review at the local Federal District Court. This process is like a normal court case, where you’ll have to do standard processes like discovery, file motions, and have a trial. Our law firm can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there are many laws you have to adhere to for EBT. In most cases, many retail store owners have no issues adhering to them. However, the SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limits on how the funds can be used. For example, people getting SNAP benefits cant buy electronic goods. If you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can include fines and penalties. If you conduct a major violation, then you may end up with a temporary or permanent disqualification. In most cases, store owners don’t know SNAP violations are even occurring. Often, dishonest employees are misusing the SNAP program. It’s helpful to discuss your case with a SNAP violation appeals lawyer to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your store, you only have ten days to respond to the violations. Your failure to respond to the violations will permanently harm your store. If you don’t respond the USDA will deliver a verdict even though you don’t respond to the allegations. In the absence of a SNAP violation attorney, you cannot defend your store. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers can challenge the decision of the USDA and fight any penalties. The fines imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose chooses to impose huge fines to in order to curb future violations. The USDA will look to see if you have a store compliance policy in place. It must be in writing at the store and the policy must be at the time the violations were filed.
The retailer also be able to prove the compliance policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA typically also looks in order to check if the grocery store owners benefited from the violations, or if the business owners were aware of the fraud. If the management was involved it can lead to disqualification.
It’s highly recommended any store that gets 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