If you’re a retailer who accepts EBT at your grocery store, then you might have been the recipient of a a letter of warning from the USDA. This letter is probably a SNAP violation letter, which is stating you are in violation of the SNAP program. The USDA will include proof to the SNAP violation notice, which will contain transactions which occurred at your grocery store which the USDA is saying is in violation of one or more groups of violations.
The first thing after you get a SNAP violation notice, you should definitely speak to our our law firm. Remember, you have only ten days to respond to the letter. If you don’t respond, the USDA will terminate/suspend your stores ability to take EBT.
About The SNAP Program
This program helps families with money each month. These benefits are distributed via an EBT card. The benefits on this card aren’t for general usage, and they cannot be used for cash back transactions. The cards took the place of food stamps in the 1990’s and the card is issued by each state individually where the recipient lives. The SNAP program is run on a nationwide level by the government.
The SNAP program 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’s a SNAP Violation
Snap violations happen when a grocery store is in violation of the following rules.
The retail store took part intrafficking SNAP benefits. Examples of this is fraudulently accepting the 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 the grocery stores application to accept EBT benefits.
Your store redeemed more EBT food stamps than sale of actual food at the same time.
The employees of the store have taken SNAP benefits from someone who isn’t eligible to use the benefits.
How we can help defend you against a SNAP violation notice
Spodek Law Group has immense experience managing SNAP violations letters. We can handle your SNAP Violation appeal in all 3 phases of a SNAP action.
The charging letter is the initial step which is going to be taken by USDA to remove your EBT license. This comes with, or without, prior warnings and can appear at any time. The charging letter will have allegations in it, but most of them will detail serious allegations, and have attached documents detailing the violations. Your response to the SNAP violation letter is due within 10 days. Once 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.
After reviewing the store’s answer to the notice of violation, the USDA might still decide that a violation has occurred. If that happens, the USDA will 100% issue a second letter which specifically states the governments legal verdict to suspend or disqualify the grocery store based on the allegations set forth. Like before, you have ten days to appeal this decision. If you choose not to, then you’ll be unable to protest the USDA decision. Once you hire our lawyers, our team the necessary paperwork and notify the government appeal the decision. Our lawyers collect necessary evidence, and our team will generate the necessary appeals briefs which contains all of the case law, evidence, etc. which is needed to fix the outcome.
In the event the USDA refuses to override the decision, in the Administrative Review, we will file a Judicial review at the local Federal 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 grocery store retailer, there’s a lot of rules and regulations which you have to adhere to for EBT. In most normal situations, many grocery store owners have no issues adhering to them. However, USDA’s SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limits on how the funds can be used. For example, people getting SNAP benefits cant get electronic goods. If you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can result in severe fines. If you conduct a serious SNAP violation, then you might end up with either a permanent or temporary disqualification. In many situations, owners of grocery stores don’t know SNAP violations were even happening. Often, unethical employees are misusing the SNAP EBT program. It’s helpful to discuss your case with a SNAP violation appeals lawyer to make sure you don’t have your benefits revoked.
When a SNAP violation letter is presented to your store, you only have ten days to respond to the allegations. Failure to respond to the allegations will permanently harm your store. If you don’t respond the USDA will deliver a verdict even though you don’t respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers will fight the decision of the USDA and fight any penalties. The financial penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose imposes huge fines to in order to curb future violations. The USDA will typically look to see if you have a compliance policy in place. The policy must be in writing and in effect when the allegations were filed.
The retailer also be able to prove the compliance policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA typically also looks in order to check if the owners benefited from the violations, or were aware of the violation. If the managers were involved, it can lead to disqualification.
We highly recommend any owner that gets 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