If you’re a retailer who accepts EBT at your retail store, then it’s possible have gotten a notice from the USDA. The notice is probably a SNAP violation letter, which is stating you are in violation of the SNAP program. The government will attach a number of pages to the SNAP violation notice, which will contain transactions that happened at your store that the government claims is in violation of one or more groups of violations.
The first thing after you get a SNAP violation letter, you should definitely contact our legal team. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the government will terminate/suspend your stores ability to take EBT.
About The SNAP Program
The SNAP program helps families with money each month. The SNAP program benefits are distributed to consumers through an EBT card. The SNAP benefits on the EBT card are not for general use, and they cannot be used for cash back services. The EBT cards took over for food stamps in the 1990’s and the card is issued by each state individually where the recipient lives. The program is run on a nationwide level by the federal government.
The federal and it’s parameters 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 legal violations occur if and when a store is in violation of the rules below.
The grocery store was involved intrafficking SNAP benefits. This can mean fraudulently accepting benefits, or theft of the benefits.
The retail store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false information on your grocery stores application to accept EBT benefits.
The store redeemed more EBT food stamps than food sales during the same period.
Your employees took SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
Defending against a SNAP Violation Letter
Spodek Law Group has experience managing SNAP violation letters. We can handle your SNAP violation process in all phases of a SNAP action.
Sending the letter is the initial step taken by the USDA to remove your right to take EBT benefits. This comes with no warning can come at any time. The charging letter will have allegations in it, but most of them will lay out serious allegations, have evidence attached proving the violations. Your response to the SNAP violation letter is due within 10 days. Once 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.
Once the USDA reviews your answer to the SNAP violation letter, the USDA may still believe that your store has violated the rules. If that happens, they’ll will definitely send a second letter which specifically states their legal verdict to suspend or disqualify the retail store based on the accusations previously mentioned. Like before, you have 10 days to appeal this verdict. If you choose not to, you’ll be stuck with the USDA decision. After you hire our lawyers, we’ll file the appeal and notify the USDA appeal the decision. Our lawyers collect necessary evidence, and our team will generate an appellate brief which contains all of the case law, evidence, etc. which is needed to fix the outcome.
In the event the USDA refuses to override the binding decision, in the Administrative Review, we will file a Judicial review at the local Federal District Court. This next phase is like a normal case, where you’ll have to do standard processes like discovery, file motions, and have a trial. Our attorneys can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there are many laws which you have to adhere to for EBT. In most cases, many grocery store owners don’t run into problems. 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 buy electronic goods. As a retailer, if you violate the laws, you’ll get a SNAP violation letter. Penalties of violating SNAP can result in severe and business crushing penalties. If you conduct a major SNAP violation, then you may end up with a temporary or permanent disqualification. In many situations, owners of grocery stores don’t even know the violations are even happening. Often, dishonest employees who are misusing the SNAP 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 delivered to your store, you only have 10 days to respond to the violations. Your failure to respond will permanently crush your store. In addition, the USDA will generate a verdict even though 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 the ability to fight for your rights. Our SNAP appeals lawyers will discredit the decision of the USDA and fight any decision. The fines imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose chooses to impose large fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. The policy has to be in writing and in effect at the time the violations were filed.
The store owner must be able to prove the compliance policy was in existence before the allegations, and was not drafted after the violation letter. The USDA will also look to see if the grocery store owners benefited from the violations, 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. 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