If you’re a retailer who accepts EBT at your grocery store, then may have received a letter of warning from the USDA. The notice is most likely a SNAP violation notice, which is alleging you are in violation of the SNAP program. The USDA will attach a number of pages to the SNAP violation letter, which will have records of transactions which happened at your grocery store which the government claims violates one or more categories of violations.
After you get a SNAP violation notice, you should definitely contact our legal team. Remember, you have only ten days to respond to the letter. If you choose to ignore, the government will suspend your stores ability to accept EBT payments.
About The Program
This program helps families with get food each month. The SNAP program benefits are distributed with an EBT card. The benefits on the EBT card cannot be used for general use, and they can’t be used for cash back transactions. The EBT cards took over for food stamps in the 1990’s and are issued in the state where the recipient lives. This program is operated on a nationwide level by the federal government.
The SNAP program and the benefits that come with it are governed 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 occur when a grocery store is in violation of the following rules.
The retail store was involved intrafficking SNAP benefits. This can mean fraudulently accepting benefits, or stealing the benefits.
The retail store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect information on your store’s application to accept EBT benefits.
The store redeemed more EBT food stamps than sale of actual food at the same time.
Your employees accepted SNAP benefits from someone who isn’t allowed to use them.
Defending against a SNAP Violation Letter
Spodek Law Group has immense experience managing SNAP violations letters. Our law firm can handle your SNAP violation process in all phases of a SNAP violation action.
The charging letter is the initial step which is going to be taken by USDA to take away your EBT license. This comes with no warning can come at any time. The SNAP violation letter will contain allegations, but most of them will lay out serious allegations, with an attachment of details. Your response to the SNAP violation letter is due within 10 days. Once you hire Spodek Law Group, our lawyers handle 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 decide that your store has violated the rules. If this happens, the USDA will definitely send a second letter that specifically states the governments decision to suspend or disqualify the grocery store based on the allegations set forth. You have 10 days to appeal this. If you don’t, you’ll be unable to protest the USDA decision. After you hire our law firm, we’ll file the appeal and notify the USDA we are going to appeal their decision. Our lawyers gather necessary evidence, and our team will generate an appellate brief containing all of the case law, evidence, etc. which is critical to overturn the decision.
In the event the USDA refuses to change the violation claim, in the Administrative Review, we’ll file a Judicial review at the local Federal District Court. This next phase is like a normal court case, where you’ll be able to do discovery, file motions, and have a trial. Our attorneys can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there are many laws you have to adhere to for EBT. In most cases, 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, people getting SNAP benefits cant purchase electronic goods. If you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can result in fines, and penalties. If you conduct a serious SNAP violation, then you may end up with a temporary or permanent disqualification. In many situations, owners of grocery stores didn’t even know SNAP 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 attorney 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 allegations. 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. In the absence of a SNAP violation attorney, you cannot defend your store. Retaining a SNAP violation lawyer gives you a fighting change. Our lawyers can fight the findings of the USDA and appeal any penalties. The penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose chooses to impose large fines to in order to curb future violations. The USDA look to see if you have a store compliance policy. The policy must be in writing at the store and the policy must be at the time the allegations were filed.
The grocery store also has to be able to prove the above mentioned policy was in place before the charge, and was not drafted after the violation letter. The USDA typically also looks to see if the grocery store owners benefited from the violations, or were aware of the violation. If the management was involved it can lead to disqualification.
It’s highly recommended any store owner that receives a allegation letter speak to 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