If you accept EBT at your retail store, then you might have received a letter of warning from the USDA. The notice is most likely a SNAP violation letter, which is alleging you violated the SNAP program. The USDA will attach a number of pages to the SNAP violation letter, and it will contain transactions which occurred at your store which the USDA is saying is in violation of one or more categories of violations.
The first thing after you get a SNAP violation notice, you should definitely speak to our our legal team. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the government will terminate/suspend your stores ability to accept EBT payments.
About The SNAP Program
The SNAP program helps families with money each month. The SNAP program benefits are given with an EBT card. The funds on the card cannot be used for general use, and they cannot be used for cash back services. The EBT cards took the place of food stamps in the 1990’s and are issued in the state where the consumer lives. The program is operated on a national level by the federal government.
The 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 counts as a SNAP violation
SNAP legal violations happen if and when a grocery store violates any of the rules below.
The retail store took part intrafficking SNAP benefits. This can mean fraudulently accepting benefits, or stealing the benefits.
Your retail store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect info on your grocery stores application to accept EBT benefits.
The grocery store redeemed more EBT food stamps than food sales at the same time.
The employees of the store accepted SNAP benefits from someone who shouldn’t be allowed to use the benefits.
How we can help defend you against a SNAP violation notice
Spodek Law Group has experience managing SNAP violation letters. We can handle your SNAP Violation appeal in all 3 phases of a SNAP action.
The charging letter is the first step which is taken by the USDA USDA to take away your EBT license. The letter can come with, or without, prior warnings and can happen at any time. The charging letter has a variety of allegations, but most letters will lay out serious allegations, with an attachment of details. You have only 10 days to respond. Once 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.
After reviewing the store’s answer to the violation letter, the USDA may still believe that your store has violated the rules. If that happens, the USDA will 100% issue a second letter that specifically states their decision to suspend or disqualify the retail store based on the allegations set forth. You have 10 days to appeal this. If you don’t, you’ll be stuck with the USDA decision. After you hire our lawyers, our team the appeal to notify the USDA we are going to appeal their decision. Our lawyers gather necessary evidence, and we will draft generate the necessary appeals briefs which contains all of the legal laws, evidence, etc. which is critical to fix the outcome.
In the event the USDA refuses to change the violation claim, in the Administrative Review, we will file a Judicial review at the local Federal Court. This next phase is like a normal case, where you’ll have to do standard processes like discovery, file motions, and have a trial. Our lawyers can handle these cases in all 50 states.
SNAP Violations
As a grocery 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, SNAP recipients cant buy electronic goods. If, and when, you violate the laws, you should expect getting a SNAP violation letter. Penalties of violating SNAP can result in severe fines. If you conduct a serious SNAP violation, then you might end up with a temporary or permanent disqualification. In most cases, store owners don’t know SNAP violations are even occurring. Often, it’s dishonest employees 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 sent to your retail store, you have only 10 days to respond to the claims by the USDA. 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. Without legal experience, you cannot defend your store. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers can discredit the decision of the USDA and appeal any penalties. The penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully does huge fines to curb violations. The USDA look to see if you have a store compliance policy. It must be in writing at the store and in effect when the violations were filed.
The retailer must be able to prove the compliance policy was in existence before the allegations, and was not drafted after the violation letter. The USDA will also look in order to check if the retail store owners benefited in any way from the fraud, or if the business owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
We highly recommend any store owner that receives 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