If you accept EBT at your retail store, then it’s possible have been the recipient of a a letter of warning from the USDA. This notification is most likely a SNAP violation letter, which is alleging you have violated the SNAP program. The USDA will include proof to the SNAP violation notice, and it will contain transactions which happened at your retail store that the USDA is saying is in violation of one or more categories of violations.
The first thing after you get a SNAP violation letter, you must contact our law firm. Remember, you have only ten days to respond to the letter. If you choose to ignore, the USDA will suspend your stores privilege to take EBT.
About The Program
The SNAP program helps families with money each month. The SNAP program benefits are distributed through an EBT card. The SNAP benefits on the card cannot legally be used for general usage, and they can’t be used for cash back services. The cards took the place of food stamps in the 1990’s and are issued by each state individually which the SNAP participant lives. The SNAP program is run on a national level by the government.
The SNAP program and it’s benefits 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’s a SNAP Violation
Snap violations happen when a grocery store violates any of the following rules.
The retail store took part intrafficking SNAP benefits. This can mean fraudulently accepting the benefits, or theft of the benefits.
Your retail store took SNAP benefits 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 grocery store took money for more coupons than actual food sales at the same time.
Your employees have taken SNAP benefits from someone who isn’t eligible to use the benefits.
How we can help defend you against a SNAP violation notice
Spodek Law Group has experience handling SNAP appeals letters. We can handle your SNAP Violation appeal in all phases of a SNAP violation action.
Sending the violation 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 violation letter contain details about alleged violations, but most of them will detail violations, have evidence attached proving the violations. Your response to the SNAP violation letter is due within 10 days. After you hire Spodek Law Group, 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 decide that your store has violated the rules. If this happens, they’ll will definitely send a second letter which specifically states the agencies legal verdict to suspend or disqualify the retail store based on the allegations set forth. You have 10 days to appeal this. If you choose not to, you’ll be unable to protest the USDA decision. After you hire our firm, our team the legal papers and notify the government appeal the decision. We’ll gather necessary evidence, and we will draft generate an appellate brief containing all of the case law, legal evidence, etc. which is needed to change the outcome of the violations.
If the USDA refuses to change the decision, in the Administrative Review, we’ll file a Judicial review at the local Federal District Court. The Judicial Appeal is like a normal federal 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 have to obey in order to accept EBT. In most normal situations, many grocery 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 purchase electronic goods. As a retailer, if you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can result in severe and business crushing penalties. If it’s believed you did a major SNAP violation, then you might end up with a temporary or permanent disqualification. In most cases, store owners don’t know the violations were even occurring. In many situations, it’s dishonest employees are misusing the SNAP EBT program. It’s helpful to consult with a SNAP violation lawyer in order to make sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your retail store, you have only ten days to respond to the violations. Your failure to respond to the allegations will permanently crush your store. If you don’t respond the USDA will deliver a verdict even if 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 discredit the findings of the USDA and appeal any penalties. The penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose does large fines to in order to curb future violations. The USDA will typically look to see if you have a compliance policy in place. It 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 check if the retail store owners benefited in any way from the fraud, or were aware of the violation. If the managers were 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