If you’re a retailer who accepts EBT at your retail store, then may have received a notice from the USDA. This notice is probably a SNAP violation letter, which is alleging you violated the SNAP program. The USDA will include proof to the SNAP violation letter, and it will contain records of transactions that happened at your retail store that the government claims violates one or more genres of violations.
The first thing after you get a SNAP violation letter, you must speak to our our law firm. Remember, you have only ten days to respond to the letter. If you don’t respond, the government will suspend your stores privilege to accept EBT payments.
About The Program
This program provides families with money each month. The SNAP program benefits are distributed to consumers through an EBT card. The benefits on the card cannot be used for general use, and they can’t be used for fraudulent 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 run on a nationwide level by the federal government.
This federal and it’s benefits 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 occur if and when a store is in violation of the following rules.
The store was involved intrafficking SNAP benefits. Examples of this is fraudulently accepting the benefits, or stealing the benefits.
The grocery store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false info on the grocery stores application to accept EBT benefits.
The grocery store took money for more coupons than sale of actual food at the same time.
Your employees have taken SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
How to defend your store against a SNAP violation
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 which is taken by the USDA USDA to take away your right to take EBT benefits. The letter can come with no warning and can appear at any time. The violation letter has a variety of allegations, but most of them will detail violations, have evidence attached proving the violations. Your response to the SNAP violation letter is due within 10 days. Once you hire Spodek Law Group, we 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 violation letter, the USDA may still feel that your store has violated the rules. If this happens, the USDA will issue another letter which specifically states the agencies legal verdict to suspend or disqualify the 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. Once you hire our lawyers, we file the necessary paperwork to notify the USDA we are going to appeal their decision. We’ll gather necessary evidence, and our team will generate an appellate brief containing all of the legal laws, legal evidence, etc. which is necessary to fix the outcome.
If the USDA refuses to overturn the decision, in the Administrative Review, we will file a Judicial review at the local Federal District Court. The Judicial Appeal is like a normal court case, where you’ll be able to do 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 are many laws you have to adhere to for EBT. In most normal situations, many grocery store owners have no problems 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, people getting SNAP benefits cant buy electronic goods. If you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can include fines and penalties. If it’s believed you did a serious SNAP violation, then you might end up with either a permanent or temporary disqualification. In most cases, store owners don’t even know the violations are even happening. In many situations, dishonest employees are misusing the SNAP program. If you’re accused of a SNAP violation to consult with a SNAP violation attorney in order to make sure you don’t have your benefits revoked.
When a charge letter is presented to your store, you only have ten days to respond to the claims. Your failure to respond to the allegations will permanently crush your store. In addition, the USDA will generate a verdict even though you don’t respond to the allegations. In the absence of a SNAP violation attorney, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you a fighting change. Our lawyers can discredit the findings of the USDA and fight any penalties. The penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully chooses to impose large fines to curb violations. The USDA will look to see if you have a store compliance policy in place. It must be in writing at the store and the policy must be at the time the violations were filed.
The grocery store also 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 in order to check if the retail store owners benefited from the violations, or if the owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
It’s highly recommended any store that gets a 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