If you’re a retailer who accepts EBT at your grocery store, then it’s possible have been the recipient of a a letter of warning from the USDA. This letter is probably a SNAP violation letter, which is alleging you violated the SNAP program. The government will include proof to the SNAP violation notice, and it will contain records of transactions which happened at your retail store which the government is saying violates one or more genres of violations.
After you get a SNAP violation letter, you should definitely 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 ability to take EBT.
About The Program
The SNAP program provides families with get food each month. The SNAP program benefits are distributed with an EBT card. The funds on the EBT card are not for general usage, and they cannot 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 where the recipient lives. The SNAP program is operated on a national level by the federal government.
This federal and it’s parameters are governed by the US Code and the Code of Federal Regulations. The USDA FNS agency enforces the regulations and runs the program.
What does it mean to have a SNAP violation
Snap violations happen when a grocery store is in violation of the rules below.
The grocery store was involved intrafficking SNAP benefits. Examples of this is fraudulently accepting benefits, or theft of the benefits.
Your grocery store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect info on the grocery stores application to accept EBT benefits.
Your store took money for more coupons than actual food sales over the same period.
Your employees have taken SNAP benefits from someone who isn’t allowed to use them.
How we can help defend you against a SNAP violation notice
Spodek Law Group has immense experience handling SNAP violation letters. Our team of attorneys can handle your SNAP violation process in all 3 phases of a SNAP violation action.
Sending the violation letter is the first step taken by the USDA to take away your right to take EBT benefits. This comes with no warning and can appear at any time. The charging letter will have allegations in it, but most letters will lay out serious allegations, have evidence attached proving the violations. Your response to the SNAP violation letter is due within 10 days. After you hire our law firm, 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 decide that a violation has occurred. If that happens, the USDA will definitely send another letter which specifically states the governments legal verdict to suspend or disqualify the store based on the accusations previously mentioned. You have 10 days to appeal this. If you don’t, then you’ll be stuck with the USDA decision. Once you hire our law firm, we file the legal papers to notify the government appeal the decision. We’ll collect necessary evidence, and our team will generate the necessary appeals briefs which contains all of the legal laws, legal evidence, etc. which is needed to overturn the decision.
If the USDA refuses to overturn the violation claim, in the Administrative Review, our lawyers will file a Judicial review at the local Federal Court. The Judicial Appeal is like a normal federal court 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 grocery store retailer, there’s a lot of rules and regulations you have to adhere to for EBT. In most cases, many retail store owners have no issues adhering to them. However, SNAP 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 purchase electronic goods. As a retailer, if you violate the laws, you’ll probably get a SNAP violation letter. Penalties of violating SNAP can result in fines, and penalties. If it’s believed you did a major SNAP violation, then you may end up with a temporary or permanent disqualification. In many situations, store owners don’t even know the violations were even happening. In many situations, unethical employees who are misusing the SNAP program. If you’re accused of a SNAP violation to speak with a SNAP violation lawyer in order to ensure sure you don’t have your benefits revoked.
When a charge letter is presented to your grocery store, you only have ten days to respond to the violations. Failure to respond to the violations will permanently crush your store. In addition, the USDA will deliver 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 lawyers will fight the decision of the USDA and fight any penalties. The penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose does huge fines to in order to curb future violations. The USDA will look to see if you have a store compliance policy in place. It has to be in writing and the policy must be when the allegations were filed.
The grocery store must 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 check if the retail store owners benefited from the violations, or were aware of the violation. If the managers were involved, it can lead to disqualification.
It’s highly recommended any store 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