If you’re a retailer who accepts EBT at your grocery store, then it’s possible have gotten a letter of warning from the USDA. This notification is probably a SNAP violation letter, which is stating you are in violation of the SNAP program. The government will include proof to the SNAP violation notice, and it will have records of transactions which occurred at your grocery store which the USDA is saying violates one or more groups of violations.
After you get a SNAP violation letter, you should definitely speak to our our law firm. Remember, you have only ten days to respond to the letter. If you don’t respond, the USDA will suspend your grocery store’s ability to accept EBT.
About The SNAP Program
The SNAP program helps families with funds to buy food each month. The SNAP program benefits are distributed through an EBT card. The SNAP benefits on the EBT card are not for general use, and they cannot be used for fraudulent cash back transactions. The EBT cards took the place of food stamps in the 1990’s and the card is issued in the state which the SNAP participant lives. The SNAP program is operated on a national level by the federal government.
The government and it’s benefits are governed by the US 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 retail store violates any of the rules below.
The grocery store was involved inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting the benefits, or stealing the benefits.
The grocery store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false info on the store’s application to accept EBT benefits.
Your store took money for more coupons than sale of actual food over the same period.
The employees of the store took SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
Defending against a SNAP Violation Letter
Our law firm has experience managing SNAP violation letters. Our team of attorneys can handle your SNAP violation process in all 3 phases of a SNAP action.
The charging letter is the initial step taken by the 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 lay out serious allegations, and have attached documents detailing the violations. You have only 10 days to respond. After you hire Spodek Law Group, 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 might still feel that your store has violated the rules. If that happens, they’ll will 100% issue a second letter that specifically states their legal verdict to suspend or disqualify the retail store based on the alleged violations. You have 10 days to appeal this. If you don’t, you’ll be stuck with the USDA decision. After you hire our firm, our team the necessary paperwork and notify them we are going to appeal their decision. We’ll collect necessary evidence, and we will draft generate an appellate brief containing all of the case law, legal evidence, etc. which is necessary to change the outcome of the violations.
If the USDA refuses to override the legal decision, in the Administrative Review, we will file a Judicial review at the local Federal District Court. The Judicial Appeal is like a normal federal 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 grocery store retailer, there’s a lot of rules and regulations have to obey in order to accept EBT. In most normal situations, many retail 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 should expect getting a SNAP violation letter. Penalties of violating SNAP can include fines and penalties. If you conduct a serious violation, then you might end up with either a permanent or temporary disqualification. In most cases, store owners don’t even know the violations are even happening. In many situations, it’s dishonest employees are misusing the SNAP EBT program. It’s helpful to consult with a SNAP violation appeals lawyer in order to make sure you don’t have your benefits revoked.
When a SNAP violation letter is presented to your retail store, you have only 10 days to respond to the violations. Your failure to respond to the violations will permanently crush your store. If you don’t respond the USDA will generate a verdict even if you choose not to respond to the allegations. In the absence of a SNAP violation attorney, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers will challenge the decision of the USDA and appeal any decision. The financial penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose imposes huge fines to in order to curb future violations. The USDA will look to see if you have a store compliance policy in place. It must be in writing and the policy must be at the time the violations were filed.
The grocery store 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 typically also looks to check if the retail store owners benefited from the violations, or if the business owners were aware of the fraud. Any involvement of the management can lead to disqualification.
We highly recommend any grocery store owner that gets a allegation 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