If you’re a retailer who accepts EBT at your grocery store, then may have gotten a official warning from the USDA. This notification is probably a SNAP violation letter, which is claiming you violated the SNAP program. The government will include proof to the SNAP violation letter, and it will have transactions that happened at your retail store which the USDA is saying is in violation of one or more genres of violations.
The first thing after you get a SNAP violation notice, you should definitely contact our legal team. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the government will suspend your stores ability to take EBT.
About The Program
The SNAP program provides families with a certain amount of money each month. These benefits are given via an EBT card. The SNAP benefits on the EBT card cannot legally be used for general usage, and they cannot be used for cash back services. The EBT cards took the place of food stamps in the 1990’s and the card is issued in the state where the consumer lives. The program is operated on a nationwide level by the government.
The SNAP federal and it’s parameters 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 counts as a SNAP violation
SNAP legal violations occur if and when a retail store violates any of the following rules.
The retail store is accused oftrafficking SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or theft of the benefits.
The retail store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false information on the retail stores application to accept EBT benefits.
Your store took money for more coupons than sale of actual food over the same period.
Your employees took SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
Defending against a SNAP Violation Letter
Spodek Law Group has immense experience managing SNAP appeals letters. Our team of attorneys can handle your SNAP Violation appeal in all phases of a SNAP action.
Sending the letter is the first step taken by the USDA to take away your EBT license. This comes with no warning and can appear at any time. The violation letter contain details about alleged violations, but most letters will outline serious allegations, and have attached documents detailing the violations. Your response to the SNAP violation letter is due within 10 days. Once you hire Spodek Law Group, 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 SNAP violation letter, the USDA may still decide that your store has violated the rules. If this happens, they’ll will issue another letter which outlines the governments decision to suspend or disqualify the store based on the alleged violations. Like before, you have ten days to protest this verdict. If you don’t, you’ll be stuck with the USDA decision. After you hire our firm, our team the legal papers to notify them appeal the decision. Our lawyers collect necessary evidence, and we will draft generate an appellate brief containing all of the legal laws, legal evidence, etc. which is needed to change the outcome of the violations.
In the event the USDA refuses to change the legal decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal District Court. This process is like a normal case, where you’ll be able to do discovery, file motions, and have a trial. Our lawyers can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there are many laws have to obey in order to accept EBT. In most normal situations, many retail store owners don’t run into problems. However, SNAP 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. Snap violation penalties can result in severe fines. If it’s believed you did a major SNAP violation, then you may end up with either a permanent or temporary disqualification. In many situations, store owners didn’t even know the violations are even happening. Often, it’s dishonest employees who are misusing the SNAP EBT program. It’s helpful to speak with a SNAP violation attorney in order to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is presented to your retail store, you only have ten days to respond to the claims by the USDA. Your failure to respond to the allegations will permanently harm your store. If you don’t respond 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 a fighting change. Our SNAP appeals lawyers will fight the decision of the USDA and fight any decision. The fines imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose does huge fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. It has to be in writing and in effect at the time the allegations were filed.
The store owner also 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 to see if the owners benefited from the violations, or if the owners were aware of the fraud. If the management was involved it can lead to disqualification.
It’s highly recommended any grocery store owner that receives a allegation 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