If you’re a retailer who accepts EBT at your retail store, then may have gotten a letter from the USDA. The notice is most likely a SNAP violation letter, which is claiming you violated the SNAP program. The USDA will include proof to the SNAP violation notice, which will have records of transactions which occurred at your retail store that the USDA claims violates one or more groups of violations.
The first thing after you get a SNAP violation notice, you must contact our law firm. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the government will terminate/suspend your grocery store’s ability to take EBT.
About The Program
This program provides families with funds to buy food each month. These benefits are distributed via an EBT card. The SNAP benefits on the card aren’t for general usage, and they cannot be used for fraudulent cash back services. The EBT cards took over for food stamps in the 1990’s and the card is issued in the state where the consumer lives. The SNAP program is run on a national level by the federal government.
This government and the benefits that come with it are under handled 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 when a retail store violates any of the rules below.
The store is accused ofthe trafficking of SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or theft of the benefits.
Your grocery store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false information on your store’s application to accept EBT benefits.
Your grocery store took money for more EBT food stamps than food sales over the same period.
Your employees took SNAP benefits from someone who shouldn’t be allowed 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 team of attorneys can handle your SNAP Violation appeal in all phases of a SNAP violation action.
The charging letter is the first step taken by the USDA to remove your right to take EBT benefits. This letter may come with no warning can come at any time. The SNAP violation letter will contain allegations, but most of them will mention violations, and have attached documents detailing the violations. Your response to the SNAP violation letter is due within 10 days. After you hire Spodek Law Group, 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.
Once the USDA reviews your answer to the notice of violation, the USDA may still decide that a violation has occurred. If that happens, the USDA will definitely send another letter which specifically states the agencies legal verdict to suspend or disqualify the retail store based on the allegations set forth. Like before, you have ten days to protest this verdict. If you choose not to, you’ll be stuck with the USDA decision. After you hire our firm, we file the appeal to notify the USDA appeal the decision. We’ll collect necessary evidence, and we will draft generate the necessary appeals briefs which contains all of the legal laws, legal evidence, etc. which is critical to change the outcome of the violations.
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. This next phase is like a normal federal 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 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, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant get electronic goods. If, and when, you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can result in fines, and penalties. If you conduct a major SNAP violation, then you might end up with either a permanent or temporary disqualification. In many situations, store owners don’t know the violations are even occurring. Often, dishonest employees are misusing the SNAP EBT program. It’s helpful to consult with a SNAP violation attorney to make sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your grocery store, you only have ten days to respond to the violations. Failure to respond will permanently harm your store. If you don’t respond the USDA will make a verdict even though you choose not to respond to the allegations. In the absence of a SNAP violation attorney, you cannot defend your store. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers can fight the decision of the USDA and appeal any decision. The fines imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully does large 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 store owner also be able to prove the above mentioned policy was in place before the charge, and was not drafted after the violation letter. The USDA will also look to check if the owners benefited from the violations, or if the business owners were aware of the fraud. If the management was involved it can lead to disqualification.
It’s highly recommended any store owner that receives a allegation letter consult 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