If you’re a retailer who accepts EBT at your retail store, then you might have gotten a letter 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 letter, and it will contain records of transactions which happened at your store that the government is saying is in violation of one or more groups of violations.
The first thing after you get a SNAP violation notice, you should contact our law firm. Remember, you have only ten days to respond to the letter. If you choose to ignore, the USDA will terminate/suspend your stores privilege to accept EBT.
About The Program
The SNAP program helps families with money each month. These benefits are distributed to consumers via an EBT card. The SNAP benefits on this card are not for general usage, and they can’t be used for cash back services. The cards took over for food stamps in the 1990’s and the card is issued in the state which the SNAP participant lives. The SNAP program is operated on a national level by the government.
The federal and it’s benefits 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 counts as a SNAP violation
SNAP legal violations happen when a retail store violates any of the following rules.
The grocery store was involved intrafficking 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.
Your store submitted incorrect info on the retail stores application to accept EBT benefits.
Your store redeemed more coupons than food sales at the same time.
The employees of the store took SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
How to defend your store against a SNAP violation
Spodek Law Group has immense experience handling SNAP violations letters. Our law firm can handle your SNAP violation process in all 3 phases of a SNAP action.
Sending the letter is the first step taken by the USDA to take away your right to take EBT benefits. This letter may come with, or without, prior warnings can come at any time. The violation letter contain details about alleged violations, but most of them will lay out serious allegations, with an attachment of details. You have only 10 days to respond. Once you hire Spodek Law Group, 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.
After reviewing the store’s answer to the notice of violation, the USDA may still feel that a violation has occurred. If that happens, they’ll will 100% issue a second letter that specifically states the governments legal verdict to suspend or disqualify the store based on the allegations set forth. Like before, you have ten days to protest this verdict. If you choose not to, then you’ll be unable to protest the USDA decision. Once you hire our law firm, our team the legal papers to notify the government appeal the decision. Our lawyers gather necessary evidence, and we will draft draft the necessary appeals briefs containing all of the case law, evidence, etc. which is necessary to change the outcome of the violations.
In the event the USDA refuses to overturn the violation claim, in the Administrative Review, we will file a Judicial review at the local Federal Court. This process is like a normal case, where you’ll be able to do 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 which you have to adhere to for EBT. In most normal situations, many grocery store owners have no issues adhering to them. However, the SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients 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 you conduct 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 the violations were even happening. Often, it’s dishonest employees who are misusing the SNAP EBT program. If you’re accused of a SNAP violation to discuss your case with a SNAP violation attorney to ensure sure you don’t have your benefits revoked.
When a charge letter is presented to your grocery store, you have only 10 days to respond to the claims by the USDA. Your failure to respond will permanently harm your store. If you don’t respond the USDA will deliver a verdict even if you choose not to respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers can fight the decision of the USDA and appeal any penalties. The fines imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully chooses to impose large 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 and in effect at the time the violations were filed.
The store owner also has to be able to prove the compliance policy was in place before the charge, and wasn’t drafted after the violation was made. The USDA typically also looks to see if the grocery store owners benefited in any way from the fraud, 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 receives a allegation 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