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. The notice is most likely a SNAP violation letter, which is stating you have violated the SNAP program. The government will include proof to the SNAP violation notice, which will have records of transactions that occurred at your retail store which the government is saying violates one or more groups of violations.
The first thing after you get a SNAP violation letter, you should contact our legal team. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the USDA will terminate/suspend your stores ability to accept EBT payments.
About The SNAP Program
This program helps families with money each month. These benefits are distributed through an EBT card. The benefits on the EBT card cannot 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 which the SNAP participant lives. The SNAP program is run on a nationwide level by the federal government.
The SNAP program 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’s a SNAP Violation
SNAP legal violations occur if and when a retail store violates any of the rules below.
The store is accused oftrafficking SNAP benefits. Examples of this is fraudulently accepting 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 incorrect information on your store’s application to accept EBT benefits.
The store redeemed more EBT food stamps than sale of actual food over the same period.
The employees of the store accepted SNAP benefits from someone who shouldn’t be allowed to use the benefits.
How to defend your store against a SNAP violation
Our law firm has immense experience handling SNAP violations letters. Our law firm can handle your SNAP violation process in all 3 phases of a SNAP violation action.
Sending the letter is the initial step which is taken by the USDA USDA to remove your EBT license. This letter may come with, or without, prior warnings can come at any time. The charging letter will contain allegations, but most letters will mention serious allegations, and have attached documents detailing the violations. Your response to the SNAP violation letter is due within 10 days. Once you hire Spodek Law Group, our lawyers 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 SNAP violation letter, the USDA might still believe that your store has violated the rules. If that happens, they’ll will 100% issue another 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 lawyers, we file the appeal to notify the USDA appeal the decision. We’ll gather necessary evidence, and our team will draft an appellate brief which contains all of the legal laws, legal evidence, etc. which is necessary to change the outcome of the violations.
In the event the USDA refuses to change the decision, in the Administrative Review, we will file a Judicial review at the local Federal Court. The Judicial Appeal is like a normal 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 have to obey in order to accept EBT. In most cases, 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, SNAP recipients cant get electronic goods. If, and when, you violate the laws, you’ll get a SNAP violation letter. Penalties of violating SNAP can include fines and penalties. If it’s believed you did a serious SNAP violation, then you may end up with either a permanent or temporary disqualification. In many situations, owners of grocery stores don’t know SNAP violations are even occurring. Often, dishonest employees who are misusing the SNAP program. It’s helpful to speak with a SNAP violation appeals lawyer in order to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your grocery store, you have only 10 days to respond to the violations. Your failure to respond will permanently harm your store. In addition, the USDA will make a verdict even though you choose not to respond to the allegations. In the absence of a SNAP violation attorney, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers can fight the findings of the USDA and appeal any decision. The financial penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose chooses to impose huge fines to curb violations. The USDA look to see if you have a store compliance policy. It has to be in writing at the store and in effect when the violations were filed.
The grocery store also has to be able to prove the compliance policy was in place before the charge, and was not drafted after the violation letter. The USDA typically also looks in order to check if the owners benefited in any way from the fraud, or if the business owners were aware of the fraud. Any involvement of the management can lead to disqualification.
We highly recommend any owner that receives a allegation 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