If you’re a retailer who accepts EBT at your grocery store, then may have received a letter of warning from the USDA. The letter is most likely a SNAP violation letter, which is claiming you are in violation of the SNAP program. The USDA will attach a number of pages to the SNAP violation letter, which will have records of transactions that happened at your retail store that the USDA is saying violates one or more categories of violations.
The first thing after you get a SNAP violation letter, you must contact our law firm. Remember, you have only ten days to respond to the letter. If you don’t respond, the government will suspend your stores ability to take EBT.
About The Program
The SNAP program helps families with money each month. The SNAP program benefits are distributed through an EBT card. The SNAP benefits on the card aren’t for general usage, and they can’t be used for fraudulent cash back services. The cards took over for food stamps in the 1990’s and are issued in the state where the recipient lives. The program is operated on a national level by the federal government.
The SNAP government 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 violations occur if and when a store violates any of the rules below.
The store was involved intrafficking SNAP benefits. This can mean fraudulently accepting taking the benefits, or stealing the benefits.
Your grocery store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect info on your retail stores application to accept EBT benefits.
The store took money for more EBT food stamps than actual food sales over the same period.
Your employees 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 immense experience managing SNAP violations letters. Our law firm can handle your SNAP Violation appeal in all 3 phases of a SNAP action.
Sending the violation letter is the first step taken by the USDA to remove your right to take EBT benefits. This letter may come with, or without, prior warnings and can happen at any time. The charging letter will contain allegations, but most of them will mention serious allegations, and have attached documents detailing the violations. Your response to the SNAP violation letter is due within 10 days. Once you hire Spodek Law Group, we handle 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 decide that a violation has occurred. If that happens, the USDA will issue a second letter that outlines the agencies decision to suspend or disqualify the retail store based on the accusations previously mentioned. Like before, you have ten days to appeal this verdict. If you choose not to, you’ll be stuck with the USDA decision. After you hire our law firm, we file the appeal to notify them appeal the decision. We’ll collect necessary evidence, and our team will generate an appellate brief containing all of the case law, legal evidence, etc. which is necessary to overturn the decision.
If the USDA refuses to override the decision, in the Administrative Review, we’ll file a Judicial review at the local Federal District Court. The Judicial Appeal is like a normal 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 food store retailer, there’s a lot of rules and regulations which you have to adhere to for EBT. In most cases, many grocery 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, SNAP recipients cant get electronic goods. If you violate the laws, you’ll get a SNAP violation letter. Penalties of violating SNAP can result in fines, and penalties. If you conduct a major violation, then you may end up with a temporary or permanent disqualification. In many situations, store owners don’t know the violations are even occurring. Often, unethical employees who are misusing the SNAP EBT program. If you’re accused of a SNAP violation to speak with a SNAP violation lawyer in order to make sure you don’t have your benefits revoked.
When a charge letter is presented to your retail store, you only have ten days to respond to the claims. Failure to respond will permanently harm your store. If you don’t respond the USDA will make a verdict even if you choose not to respond to the allegations. Without legal experience, you cannot defend your store. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers can challenge the decision of the USDA and fight any decision. The penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully chooses to impose large fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. It has to be in writing and in effect when the allegations were filed.
The retailer must has to be able to prove the compliance policy was in existence before the allegations, and was not drafted after the violation letter. The USDA typically also looks in order to see if the owners benefited in any way from the fraud, or if the business owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
It’s highly recommended any owner that receives a 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