If you accept EBT at your retail store, then you might have gotten a letter from the USDA. The letter is probably a SNAP violation notice, which is claiming you violated the SNAP program. The USDA will include proof to the SNAP violation letter, which will contain transactions which happened at your store which the government claims is in violation of one or more categories of violations.
After you get a SNAP violation notice, you should speak to our our legal team. Remember, you have only ten days to respond to the letter. If you choose to ignore, the government will suspend your grocery store’s ability to take EBT.
About The Program
The SNAP program helps families with funds to buy food each month. These benefits are given via an EBT card. The benefits on the EBT card cannot be used for general usage, and they can’t be used for cash back services. The cards took the place of food stamps in the 1990’s and are issued by each state individually which the SNAP participant lives. The program is operated on a nationwide level by the federal government.
This 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’s a SNAP Violation
SNAP legal violations occur when a retail store violates any of the following rules.
The store took part inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or theft of the benefits.
The grocery store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false information on the retail stores application to accept EBT benefits.
The grocery store took money for more coupons than sale of actual food at the same time.
The employees of the store have taken SNAP benefits from someone who isn’t allowed to use them.
How we can help defend you against a SNAP violation notice
Spodek Law Group has experience handling SNAP violations letters. We can handle your SNAP Violation appeal in all phases of a SNAP Violation action.
The charging letter is the initial step taken by the USDA to remove your right to take EBT benefits. The letter can come with no warning and can happen at any time. The SNAP violation letter has a variety of allegations, but most of them will detail violations, with an attachment of details. You have only 10 days to respond. Once you hire our law firm, our lawyers 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 SNAP violation letter, the USDA may still feel that your store has violated the rules. If this happens, the USDA will issue another letter that specifically states the agencies legal verdict to suspend or disqualify the retail store based on the allegations set forth. You have 10 days to appeal this. If you don’t, then you’ll be unable to protest the USDA decision. Once you hire our law firm, our team the appeal to notify the government we are going to appeal their decision. We’ll 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.
If the USDA refuses to override the decision, in the Administrative Review, we will file a Judicial review at the local Federal Court. This process is like a normal 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 retail store owners don’t run into problems. However, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant purchase electronic goods. If, and when, you violate the laws, you’ll get a SNAP violation letter. Penalties of violating SNAP can result in severe fines. If you conduct a serious SNAP violation, then you might end up with a temporary or permanent disqualification. In most cases, store owners don’t know the violations are even occurring. Often, unethical employees are misusing the SNAP EBT program. If you’re accused of a SNAP violation to speak with a SNAP violation attorney 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 allegations. Failure to respond to the allegations will permanently crush your store. In addition, the USDA will generate a verdict even if you don’t respond to the allegations. In the absence of a SNAP violation attorney, you won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you a fighting change. Our lawyers will fight the decision of the USDA and fight 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 huge fines to in order to curb future violations. The USDA look to see if you have a store compliance policy. The policy has to be in writing at the store and in effect when the allegations were filed.
The retailer also be able to prove the compliance policy was in place before the charge, and was not drafted after the violation letter. The USDA will also look in order to see if the retail store owners benefited in any way from the fraud, 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 receives 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.
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