If you accept EBT at your grocery store, then may have been the recipient of a a notice from the USDA. The letter is probably a SNAP violation notice, which is alleging you have violated the SNAP program. The USDA will include proof to the SNAP violation letter, and it will contain records of transactions which happened at your retail store that the government claims violates one or more categories of violations.
After you get a SNAP violation notice, you should definitely speak to our our legal team. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the USDA will suspend your grocery store’s ability to accept EBT payments.
About The SNAP Program
This program provides families with get food each month. The SNAP program benefits are distributed to consumers through an EBT card. The benefits on the card cannot legally be used for general use, and they can’t be used for fraudulent cash back transactions. The cards took over for food stamps in the 1990’s and are issued in the state which the SNAP participant lives. The program is run on a nationwide level by the government.
This government and it’s parameters are under handled 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 legal violations happen when a store violates any of the following rules.
The retail store took part intrafficking SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or theft of the benefits.
The grocery store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect information on your grocery stores application to accept EBT benefits.
The store redeemed more EBT food stamps than food sales over the same period.
The employees of the store accepted SNAP benefits from someone who shouldn’t be allowed to use the benefits.
How to defend your store against a SNAP violation
Our law firm has immense experience managing SNAP appeals letters. Our team of attorneys can handle your SNAP violation process in all phases of a SNAP action.
Sending the violation letter is the initial step which is taken by the USDA 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 have allegations in it, but most of them will outline violations, and have attached documents detailing the violations. You have only 10 days to respond. Once you hire Spodek Law Group, we 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 decide that a violation has occurred. If this happens, they’ll will definitely send another letter that specifically states the agencies legal verdict to suspend or disqualify the store based on the allegations set forth. You have 10 days to appeal this. If you don’t, you’ll be unable to protest the USDA decision. After you hire our firm, our team the legal papers and notify them appeal the decision. Our lawyers gather necessary evidence, and we will draft generate the necessary appeals briefs which contains all of the case law, legal evidence, etc. which is needed to overturn the decision.
In the event the USDA refuses to override the binding decision, in the Administrative Review, we’ll file a Judicial review at the local Federal Court. This process is like a normal court case, where you’ll be able to do discovery, file motions, and have a trial. Our law firm 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 normal situations, many grocery store owners have no problems adhering to them. However, USDA’s SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, people getting SNAP benefits cant buy electronic goods. If you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can result in severe and business crushing penalties. If it’s believed you did a major SNAP violation, then you might end up with a temporary or permanent disqualification. In many situations, store owners didn’t even know SNAP violations were even happening. Often, it’s dishonest employees who 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 charge letter is presented to your retail store, you only have 10 days to respond to the violations. Your failure to respond will permanently crush your store. If you don’t respond the USDA will deliver a verdict even though you don’t respond to the allegations. Without legal experience, 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 challenge the findings of the USDA and fight any decision. The financial penalties 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. The policy has to be in writing at the store and the policy must be when the violations were filed.
The retailer must be able to prove the above mentioned policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA typically also looks in order to see if the grocery store owners benefited from the violations, or were aware of the violation. Any involvement of the management can lead to disqualification.
It’s highly recommended any store that receives a letter consult 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