If you accept EBT at your grocery store, then you might have gotten a official notice from the USDA. The letter is probably a SNAP violation letter, which is alleging you are in violation of the SNAP program. The USDA will include proof to the SNAP violation notice, which will have transactions that happened at your grocery store that the USDA is saying violates one or more genres of violations.
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 choose to ignore, the USDA will suspend your stores privilege to accept EBT.
About The SNAP Program
This program helps families with funds to buy food each month. The SNAP program benefits are distributed to consumers through an EBT card. The benefits on the EBT card cannot legally be used for general usage, and they can’t be used for fraudulent 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. This program is operated on a nationwide 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 counts as a SNAP violation
Snap violations happen if and when a grocery store violates any of the following rules.
The grocery store took part intrafficking SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or stealing the benefits.
The grocery store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false information on the grocery stores application to accept EBT benefits.
Your grocery store took money for more EBT food stamps than sale of actual food over the same period.
The employees of the store have taken SNAP benefits from someone who isn’t allowed to use them.
How we can help defend you against a SNAP violation notice
Our law firm has immense experience handling SNAP violations letters. Our law firm can handle your SNAP Violation appeal in all 3 phases of a SNAP action.
Sending the violation letter is the initial step taken by the USDA to take away your right to take EBT benefits. This letter may come with, or without, prior warnings and can appear at any time. The SNAP violation letter will contain allegations, but most of them will lay out serious allegations, and have attached documents detailing the violations. You have only 10 days to respond. After 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 SNAP violation letter, the USDA might still decide that a violation has occurred. If that happens, the USDA will definitely send a second letter which outlines their decision to suspend or disqualify the grocery store based on the accusations previously mentioned. Like before, you have ten days to appeal the verdict. If you choose not to, you’ll be unable to protest the USDA decision. After you hire our law firm, we file the necessary paperwork to notify the USDA appeal the decision. Our lawyers gather necessary evidence, and we will draft generate an appellate brief which contains all of the legal laws, legal evidence, etc. which is needed to overturn the decision.
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 District Court. This process is like a normal 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’s a lot of rules and regulations have to obey in order to accept EBT. In most cases, many retail store owners don’t run into problems. However, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. 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 fines, and 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, owners of grocery stores don’t know the violations were even happening. In many situations, dishonest employees who are misusing the SNAP program. It’s helpful to discuss your case with a SNAP violation appeals lawyer to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your store, you only have 10 days to respond to the claims. Failure to respond to the violations will permanently crush your store. In addition, the USDA will deliver a verdict even if you choose not to respond to the allegations. Without legal experience, you cannot defend your store. Hiring a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers can discredit the findings of the USDA and fight any penalties. The penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose imposes large fines to in order to curb future violations. The USDA look to see if you have a store compliance policy. The policy has to be in writing at the store and the policy must be when the allegations were filed.
The retailer also has to 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 to see if the retail store owners benefited in any way from the fraud, or if the owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
It’s highly recommended any owner that gets a violation 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