If you’re a retailer who accepts EBT at your grocery store, then it’s possible have received a notice from the USDA. The notification is probably a SNAP violation letter, which is alleging you are in violation of the SNAP program. The USDA will include proof to the SNAP violation letter, and it will contain transactions which occurred at your retail store that the government is saying violates one or more groups 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 government will terminate/suspend your stores privilege to accept EBT payments.
About The Program
The SNAP program helps families with money each month. The SNAP program benefits are distributed to consumers via an EBT card. The benefits on the EBT card cannot be used for general usage, and they cannot be used for cash back transactions. The cards took over for food stamps in the 1990’s and are issued in the state where the consumer lives. This program is run on a nationwide level by the government.
The SNAP federal and it’s parameters 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 occur when a grocery store is in violation of the rules below.
The store took part intrafficking SNAP benefits. This can mean fraudulently accepting benefits, or theft of the benefits.
The retail store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false info on the retail stores application to accept EBT benefits.
The grocery store took money for more coupons than food sales at the same time.
Your employees accepted 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 handling SNAP violations letters. Our law firm can handle your SNAP Violation appeal in all phases of a SNAP action.
Sending the letter is the first step taken by the USDA to take away your EBT license. This comes with no warning can come at any time. The violation letter will have allegations in it, but most of them will detail violations, with an attachment of details. Your response to the SNAP violation letter is due within 10 days. After you hire our law firm, we take into their hands 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 violation letter, the USDA might still believe that your store has violated the rules. If this happens, the USDA will 100% issue a second letter that outlines the governments legal verdict to suspend or disqualify the store based on the alleged violations. You have 10 days to appeal this. If you don’t, you’ll be unable to protest the USDA decision. Once you hire our law firm, we file the necessary paperwork and notify the government appeal the decision. Our lawyers collect necessary evidence, and our team will draft an appellate brief which contains all of the legal laws, legal evidence, etc. which is needed to fix the outcome.
In the event the USDA refuses to overturn the legal decision, in the Administrative Review, we will file a Judicial review at the local Federal Court. The Judicial Appeal is like a normal case, where you’ll have to do standard processes like discovery, file motions, and have a trial. We 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, SNAP 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 get a SNAP violation letter. Penalties of violating SNAP can result in severe fines. If you conduct a major violation, then you might end up with either a permanent or temporary disqualification. In most cases, owners of grocery stores don’t even know the violations are even happening. In many situations, unethical employees are misusing the SNAP program. It’s helpful to discuss your case with a SNAP violation lawyer to make sure you don’t have your benefits revoked.
When a charge letter is delivered to your store, you only have 10 days to respond to the violations. Failure to respond to the violations will permanently crush your store. In addition, the USDA will make a verdict even if you don’t respond to the allegations. Without legal experience, you cannot defend your store. Hiring a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers can fight the decision of the USDA and appeal any decision. The penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully does large fines to curb violations. The USDA look to see if you have a store compliance policy. It has to be in writing and the policy must be at the time the violations were filed.
The store owner also has to be able to prove the above mentioned policy was in place before the charge, and wasn’t drafted after the violation was made. The USDA typically also looks in order to see if the owners benefited in any way from the fraud, or if the owners were aware of the fraud. If the management was involved it can lead to disqualification.
It’s highly recommended any owner that gets a violation 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