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If you’re a retailer who accepts EBT at your retail store, then you might have received a official notice from the USDA. The letter is probably a SNAP violation notice, which is alleging you are in violation of the SNAP program. The USDA will include proof to the SNAP violation letter, and it will have transactions which happened at your retail store which the USDA claims violates one or more genres of violations.

After you get a SNAP violation letter, you should contact our legal team. 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 accept EBT payments.

About The SNAP Program

The SNAP program helps families with get food each month. These benefits are distributed to consumers with an EBT card. The SNAP benefits on the card are not 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 are issued in the state where the recipient lives. This program is operated on a national level by the federal government.

The SNAP government and the benefits that come with it are governed by the United States 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 legal violations happen when a grocery store is in violation of the following rules.

The store was involved intrafficking SNAP benefits. Examples of this is fraudulently accepting taking the 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 false information on your retail stores application to accept EBT benefits.

The grocery store redeemed more EBT food stamps than sale of actual food during the same period.

The employees of the store accepted 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 managing SNAP violation letters. Our team of attorneys can handle your SNAP Violation appeal 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 remove your EBT license. The letter can come with, or without, prior warnings and can appear at any time. The SNAP violation letter will contain allegations, but most letters will detail serious allegations, with an attachment of details. You have only 10 days to respond. 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.

After reviewing the store’s answer to the SNAP violation letter, the USDA may still decide that a violation has occurred. If this happens, they’ll will definitely send another letter which outlines their decision to suspend or disqualify the grocery store based on the alleged violations. You have 10 days to appeal this. If you choose not to, then you’ll be unable to protest the USDA decision. After you hire our law firm, our team the legal papers to notify the government we are going to appeal their decision. Our lawyers gather necessary evidence, and we will draft draft an appellate brief which contains all of the case law, legal evidence, etc. which is necessary to fix the outcome.

In the event the USDA refuses to change the binding decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal District Court. The Judicial Appeal is like a normal 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 food store retailer, there’s a lot of rules and regulations you have to adhere to for EBT. In most cases, many grocery store owners have no issues adhering to them. However, the 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 purchase electronic goods. If you violate the laws, you’ll probably get a SNAP violation letter. Penalties of violating SNAP can include fines and penalties. If you conduct a major SNAP violation, then you may end up with a temporary or permanent disqualification. In most cases, owners of grocery stores didn’t even know SNAP violations were even happening. In many situations, unethical employees are misusing the SNAP EBT program. It’s helpful to speak with a SNAP violation appeals lawyer to make sure you don’t have your benefits revoked.

When a charge letter is delivered to your store, you have only 10 days to respond to the claims by the USDA. Your failure to respond to the allegations will permanently harm your store. If you don’t respond the USDA will generate a verdict even though you don’t respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you a fighting change. Our lawyers will fight the decision of the USDA and fight any penalties. The financial penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully chooses to impose large fines to in order to curb future violations. The USDA look to see if you have a store compliance policy. It has to be in writing at the store and in effect when the violations were filed.

The grocery store must 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 owners benefited in any way from the fraud, 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 violation 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.

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