If you accept EBT at your grocery store, then may have been the recipient of a a letter from the USDA. This letter is most likely a SNAP violation notice, which is claiming you have violated the SNAP program. The government will include proof to the SNAP violation letter, which will contain records of transactions which occurred at your store which the USDA claims violates one or more categories of violations.
After you get a SNAP violation notice, you should 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. The SNAP program benefits are distributed to consumers via an EBT card. The SNAP benefits on the card cannot legally be used for general use, and they can’t be used for 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 national level by the federal government.
The SNAP 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’s a SNAP Violation
SNAP legal violations occur if and when a grocery store violates any of the following rules.
The store took part intrafficking SNAP benefits. Examples of this is fraudulently accepting the benefits, or theft of the benefits.
Your retail store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect information on the grocery stores application to accept EBT benefits.
Your store took money for more coupons than actual food sales over the same period.
Your employees took SNAP benefits from someone who shouldn’t be allowed to use the benefits.
How to defend your store against a SNAP violation
Spodek Law Group has experience handling SNAP appeals letters. Our law firm can handle your SNAP violation process in all 3 phases of a SNAP action.
Sending the letter is the first step which is going to be taken by USDA to remove your right to take EBT benefits. This comes with no warning can come at any time. The charging letter has a variety of allegations, but most letters will outline violations, and have attached documents detailing the violations. You have only 10 days to respond. After you hire our law firm, 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 violation letter, the USDA might still decide that your store has violated the rules. If this happens, the USDA will definitely send a second letter which specifically states their decision to suspend or disqualify the store based on the accusations previously mentioned. You have 10 days to appeal this. If you don’t, then you’ll be stuck with the USDA decision. Once you hire our law firm, we’ll file the appeal and notify them we are going to appeal their decision. Our lawyers collect necessary evidence, and we will draft generate an appellate brief containing all of the case law, evidence, etc. which is critical to change the outcome of the violations.
In the event the USDA refuses to change the legal decision, in the Administrative Review, we will file a Judicial review at the local Federal 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. We can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there’s a lot of rules and regulations you have to adhere to for EBT. In most normal situations, 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 get electronic goods. If you violate the laws, you’ll probably get a SNAP violation letter. Penalties of violating SNAP can result in severe fines. If it’s believed you did a serious violation, then you may end up with a temporary or permanent disqualification. In most cases, store owners didn’t know SNAP violations were even occurring. Often, it’s dishonest employees are misusing the SNAP EBT program. If you’re accused of a SNAP violation to speak with a SNAP violation appeals lawyer in order to ensure sure you don’t have your benefits revoked.
When a charge letter is presented to your store, you have only ten days to respond to the claims by the USDA. Failure to respond to the violations will permanently crush your store. In addition, the USDA will deliver a verdict even if 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 SNAP appeals lawyers can challenge the findings of the USDA and appeal any penalties. The financial penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose chooses to impose huge fines to in order to curb future violations. The USDA look to see if you have a store compliance policy. The policy must be in writing and the policy must be when the violations were filed.
The store owner must has to be able to prove the compliance policy was in place before the charge, and was not drafted after the violation letter. The USDA typically also looks to see if the grocery store owners benefited from the violations, 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 store owner that gets a letter consult 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