If you accept EBT at your grocery store, then it’s possible have received a official warning from the USDA. This letter is most likely a SNAP violation notice, which is stating you are in violation of the SNAP program. The USDA will attach a number of pages to the SNAP violation letter, which will contain transactions which happened at your retail store that the government is saying violates one or more categories of violations.
After you get a SNAP violation letter, you must contact our legal team. Remember, you have only ten days to respond to the letter. If you don’t respond, the government will suspend your grocery store’s ability to accept EBT.
About The Program
This program provides families with a certain amount of money each month. These benefits are distributed to consumers through an EBT card. The SNAP benefits on this card aren’t for general use, and they cannot be used for cash back transactions. The EBT cards took over for food stamps in the 1990’s and the card is issued in the state where the consumer lives. The program is operated on a national level by the federal government.
This program and it’s parameters are governed by the US 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 grocery store is in violation of the rules below.
The retail store took part intrafficking SNAP benefits. This can mean fraudulently accepting taking the benefits, or stealing the benefits.
The retail store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect info on your retail stores application to accept EBT benefits.
The store took money for more coupons than food sales during the same period.
Your employees have taken 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 managing SNAP violation letters. We can handle your SNAP Violation appeal in all 3 phases of a SNAP Violation action.
Sending the violation letter is the first step which is going to be taken by USDA to remove your EBT license. The letter can come with, or without, prior warnings and can happen at any time. The charging letter has a variety of allegations, but most letters will outline violations, with an attachment of details. Your response to the SNAP violation letter is due within 10 days. 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 violation letter, the USDA may still decide that a violation has occurred. If that happens, they’ll will definitely send another letter which specifically states the governments decision to suspend or disqualify the retail store based on the accusations previously mentioned. Like before, you have 10 days to appeal the verdict. If you choose not to, you’ll be stuck with the USDA decision. Once you hire our lawyers, we file the necessary paperwork to notify the USDA appeal the decision. Our lawyers collect necessary evidence, and our team will draft the necessary appeals briefs which contains all of the case law, evidence, etc. which is critical to change the outcome of the violations.
In the event the USDA refuses to overturn the violation claim, in the Administrative Review, our lawyers will file a Judicial review at the local Federal District Court. This next phase is like a normal case, where you’ll be able to do discovery, file motions, and have a trial. We can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there’s a lot of rules and regulations you have to adhere to for EBT. In most cases, many grocery store owners have no problems adhering to them. However, SNAP 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, and when, you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties 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 are even occurring. Often, dishonest employees are misusing the SNAP EBT program. If you’re accused of a SNAP violation to speak with a SNAP violation lawyer to make sure you don’t have your benefits revoked.
When a SNAP violation letter is delivered to your store, you only have 10 days to respond to the violations. Failure to respond to the allegations will permanently crush your store. If you don’t respond the USDA will generate a verdict even though you choose not to respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you a fighting change. Our lawyers can fight the findings of the USDA and appeal any decision. The financial penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose imposes large fines to curb violations. The USDA look to see if you have a store compliance policy. The policy must 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 above mentioned policy was in place before the charge, and was not drafted after the violation letter. The USDA typically also looks in order to check 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 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