If you accept EBT at your retail store, then may have gotten a notice from the USDA. The letter is probably a SNAP violation letter, which is claiming you have violated the SNAP program. The government will attach a number of pages to the SNAP violation notice, and it will have transactions that happened at your grocery store which the USDA claims is in violation of one or more genres 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 choose to ignore, the government will suspend your stores privilege to accept EBT.
About The SNAP Program
The SNAP program provides families with get food each month. The SNAP program benefits are given through an EBT card. The funds on the card cannot be used for general use, and they cannot be used for fraudulent cash back transactions. The cards took over for food stamps in the 1990’s and the card is issued by each state individually which the SNAP participant lives. The program is run on a national level by the government.
The government 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 legal violations happen when a store is in violation of the rules below.
The retail store is accused oftrafficking 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.
The store submitted false information on your store’s application to accept EBT benefits.
The grocery store took money for more EBT food stamps than actual food sales over the same period.
The employees of the store have taken SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
How we can help defend you against a SNAP violation notice
Our law firm has immense experience managing SNAP appeals letters. We can handle your SNAP Violation appeal 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. The letter can come with, or without, prior warnings and can appear at any time. The charging letter contain details about alleged violations, but most letters will outline violations, with an attachment of details. Your response to the SNAP violation letter is due within 10 days. After you hire Spodek Law Group, we 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 may still believe that your store has violated the rules. If that happens, they’ll will issue a second letter which specifically states their legal verdict to suspend or disqualify the grocery store based on the allegations set forth. Like before, you have 10 days to protest this verdict. If you choose not to, you’ll be unable to protest the USDA decision. After you hire our lawyers, our team the necessary paperwork and notify them appeal the decision. We’ll gather necessary evidence, and our team will draft an appellate brief which contains all of the case law, evidence, etc. which is critical to fix the outcome.
In the event the USDA refuses to override the binding decision, in the Administrative Review, we’ll file a Judicial review at the local Federal 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 attorneys can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there’s a lot of rules and regulations you have to adhere to for 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, SNAP recipients cant buy electronic goods. If you violate the laws, you’ll probably get a SNAP violation letter. Penalties of violating SNAP can result in severe fines. If it’s believed you did a serious violation, then you might end up with a temporary or permanent disqualification. In many situations, store owners don’t know the violations are even happening. Often, dishonest employees are misusing the SNAP EBT program. If you’re accused of a SNAP violation to discuss your case with a SNAP violation lawyer to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your store, you have only ten days to respond to the claims by the USDA. Your failure to respond to the violations will permanently crush your store. In addition, the USDA will generate 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. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals 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 on purpose does large fines to curb violations. The USDA will look to see if you have a store compliance policy in place. It must be in writing and in effect when the violations were filed.
The grocery store also has to be able to prove the compliance policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA will also look in order to see if the owners benefited in any way from the fraud, or were aware of the violation. If the management was involved it can lead to disqualification.
We highly recommend any owner that gets a allegation letter consult 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