If you’re a retailer who accepts EBT at your grocery store, then you might have received a official warning from the USDA. This notice is most likely a SNAP violation notice, which is claiming you have violated the SNAP program. The USDA will attach a number of pages to the SNAP violation letter, and it will contain records of transactions that happened at your retail store which the USDA is saying violates one or more genres of violations.
After you get a SNAP violation notice, you should definitely contact our law firm. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the USDA will suspend your grocery store’s ability to take EBT.
About The Program
The SNAP program helps families with money each month. These benefits are distributed to consumers via an EBT card. The SNAP benefits on this card aren’t for general usage, and they cannot be used for cash back transactions. The EBT cards took the place of food stamps in the 1990’s and the card is issued by each state individually which the SNAP participant lives. This program is run on a nationwide level by the federal government.
The federal and it’s benefits 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 violations happen if and when a store violates any of the rules below.
The retail store took part inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting 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 incorrect information on your retail stores application to accept EBT benefits.
Your store took money for more coupons than actual food sales at the same time.
The employees of the store took SNAP benefits from someone who isn’t eligible to use the benefits.
How to defend your store against a SNAP violation
Spodek Law Group has experience handling SNAP violations 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 going to be taken by USDA to take away your right to take EBT benefits. This letter may come with, or without, prior warnings and can appear at any time. The SNAP violation letter will contain allegations, but most letters will lay out violations, have evidence attached proving the violations. Your response to the SNAP violation letter is due within 10 days. 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 notice of violation, the USDA may still feel that a violation has occurred. If this happens, they’ll will definitely send a second letter that specifically states their decision to suspend or disqualify the store based on the alleged violations. You have 10 days to appeal this. If you choose not to, then you’ll be stuck with the USDA decision. After you hire our lawyers, we file the appeal to notify the government appeal the decision. Our lawyers collect necessary evidence, and we will draft generate the necessary appeals briefs which contains all of the legal laws, evidence, etc. which is needed to change the outcome of the violations.
In the event the USDA refuses to change the binding decision, in the Administrative Review, we will file a Judicial review at the local Federal District Court. This process is like a normal court case, where you’ll have to do standard processes like discovery, file motions, and have a trial. Our lawyers 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 cases, many retail store owners don’t run into problems. However, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limits on how the funds can be used. 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 may end up with either a permanent or temporary disqualification. In most cases, owners of grocery stores don’t even know SNAP violations were even happening. In many situations, unethical employees who are misusing the SNAP EBT program. If you’re accused of a SNAP violation to speak with a SNAP violation attorney in order to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your retail store, you only have ten days to respond to the allegations. Your failure to respond will permanently crush your store. If you don’t respond the USDA will make a verdict even though you don’t respond to the allegations. In the absence of a SNAP violation attorney, you cannot defend your store. Retaining a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers can challenge 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 chooses to impose huge fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. It must be in writing and in effect when the allegations were filed.
The retailer must 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 check if the grocery store 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.
We highly recommend any owner 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.
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