If you’re a retailer who accepts EBT at your grocery store, then it’s possible have been the recipient of a a notice from the USDA. The letter is probably a SNAP violation notice, which is alleging you violated the SNAP program. The USDA will include proof to the SNAP violation letter, and it will have transactions which 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 notice, you should definitely speak to our our law firm. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the government will terminate/suspend your grocery store’s ability to accept EBT.
About The Program
The SNAP program helps families with money each month. These benefits are distributed to consumers via an EBT card. The benefits on this card cannot be used for general use, and they can’t 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 by each state individually where the recipient lives. The program is run on a national level by the federal government.
The program and it’s benefits 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 happen when a grocery store is in violation of the following rules.
The store is accused oftrafficking SNAP benefits. This can mean fraudulently accepting taking the benefits, or theft of the benefits.
The retail store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect information on your retail stores application to accept EBT benefits.
Your grocery store took money for more coupons than food sales over the same period.
Your employees took SNAP benefits from someone who isn’t eligible to use the benefits.
Defending against a SNAP Violation Letter
Spodek Law Group has experience managing SNAP violations letters. We can handle your SNAP Violation appeal in all phases of a SNAP Violation action.
Sending the letter is the initial step which is going to be taken by USDA to take away your right to take EBT benefits. This comes with, or without, prior warnings and can happen at any time. The violation letter has a variety of allegations, but most of them will mention violations, and have attached documents detailing the violations. You have only 10 days to respond. Once you hire our law firm, our lawyers 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 violation letter, the USDA may still feel that your store has violated the rules. If this happens, they’ll will issue another letter which outlines the agencies legal verdict to suspend or disqualify the store based on the alleged violations. Like before, you have 10 days to protest this verdict. If you choose not to, then you’ll be unable to protest the USDA decision. After you hire our lawyers, our team the appeal to notify the USDA appeal the decision. We’ll collect necessary evidence, and our team will generate the necessary appeals briefs containing all of the case law, evidence, etc. which is critical to fix the outcome.
In the event the USDA refuses to override the decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal Court. The Judicial Appeal is like a normal court case, where you’ll have to do standard processes like discovery, file motions, and have a trial. We 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 normal situations, many retail store owners don’t run into problems. However, USDA’s 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 buy electronic goods. As a retailer, if you violate the laws, you’ll probably get a SNAP violation letter. Penalties of violating SNAP can include fines and penalties. If you conduct a serious 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. In many situations, dishonest employees are misusing the SNAP EBT program. If you’re accused of a SNAP violation to discuss your case with a SNAP violation attorney to make sure you don’t have your benefits revoked.
When a SNAP violation letter is delivered to your retail store, you have only ten days to respond to the allegations. Failure to respond will permanently harm your store. In addition, the USDA will deliver a verdict even though you choose not to respond to the allegations. Without legal experience, you cannot defend your store. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers can fight the findings of the USDA and appeal any penalties. The penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully imposes large fines to curb violations. The USDA will look to see if you have a store compliance policy in place. The policy has to be in writing at the store and in effect at the time the allegations were filed.
The grocery store must be able to prove the compliance 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 owners benefited in any way from the fraud, or if the business owners were aware of the fraud. Any involvement of the management can lead to disqualification.
It’s highly recommended any store owner that receives a 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