If you accept EBT at your retail store, then you might have been the recipient of a a official warning from the USDA. This notification is probably a SNAP violation notice, which is alleging you violated the SNAP program. The USDA will include proof to the SNAP violation letter, which will have transactions which occurred at your grocery store that the USDA is saying is in violation of one or more categories of violations.
After you get a SNAP violation letter, you must 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 terminate/suspend your grocery store’s ability to accept EBT payments.
About The SNAP Program
This program provides families with funds to buy food each month. The SNAP program benefits are distributed through an EBT card. The benefits on the card cannot be used 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 where the recipient lives. This program is run on a national 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 does it mean to have a SNAP violation
Snap violations happen if and when a grocery store violates any of the following rules.
The grocery store was involved inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting benefits, or stealing the benefits.
Your retail store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect information on your retail stores application to accept EBT benefits.
The grocery store redeemed more EBT food stamps than sale of actual food during the same period.
Your employees took SNAP benefits from someone who shouldn’t be allowed to use the benefits.
How we can help defend you against a SNAP violation notice
Spodek Law Group has experience managing SNAP violations letters. Our team of attorneys can handle your SNAP Violation appeal in all 3 phases of a SNAP Violation action.
Sending the letter is the initial step taken by the USDA to take away your EBT license. This letter may come with no warning and can appear at any time. The violation letter will contain allegations, but most letters will outline serious allegations, with an attachment of details. Your response to the SNAP violation letter is due within 10 days. Once you hire our law firm, 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 notice of violation, the USDA may still believe that a violation has occurred. If that happens, they’ll will 100% issue another letter that outlines their legal verdict to suspend or disqualify the store based on the alleged violations. Like before, you have 10 days to appeal the decision. If you don’t, then you’ll be stuck with the USDA decision. Once you hire our law firm, we file the necessary paperwork to notify the government we are going to appeal their decision. We’ll collect necessary evidence, and our team will draft an appellate brief which contains all of the case law, legal evidence, etc. which is necessary to change the outcome of the violations.
In the event the USDA refuses to override the violation claim, in the Administrative Review, we will file a Judicial review at the local Federal Court. This next phase is like a normal federal court case, where you’ll be able to do discovery, file motions, and have a trial. Our attorneys 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 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, SNAP recipients cant buy electronic goods. As a retailer, if you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can result in fines, and penalties. If you conduct a major violation, then you might end up with a temporary or permanent disqualification. In many situations, owners of grocery stores didn’t even know SNAP violations are even happening. In many situations, dishonest employees who are misusing the SNAP EBT program. If you’re accused of a SNAP violation to discuss your case with a SNAP violation lawyer in order to ensure sure you don’t have your benefits revoked.
When a charge letter is delivered to your grocery store, you have only 10 days to respond to the violations. Failure to respond to the violations will permanently harm your store. In addition, the USDA will make a verdict even though you don’t respond to the allegations. In the absence of a SNAP violation attorney, you cannot defend your store. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers will fight the decision of the USDA and appeal any penalties. The financial penalties imposed can expensive – 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 has to be in writing and the policy must be at the time the violations were filed.
The store owner must has to be able to prove the above mentioned policy was in existence before the allegations, and was not drafted after the violation letter. The USDA will also look to see if the retail store 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 owner that gets 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