If you’re a retailer who accepts EBT at your retail store, then it’s possible have gotten a letter of warning from the USDA. This letter is most likely a SNAP violation notice, which is claiming you violated the SNAP program. The government will include proof to the SNAP violation letter, which will contain transactions which occurred at your grocery store which the government claims is in violation of one or more groups of violations.
The first thing after you get a SNAP violation letter, you should contact our law firm. Remember, you have only ten days to respond to the letter. If you choose to ignore, the USDA will suspend your stores privilege to take EBT.
About The SNAP Program
This program helps families with get food each month. These benefits are distributed via an EBT card. The benefits on the card aren’t for general use, and they can’t be used for cash back transactions. The cards took the place of food stamps in the 1990’s and are issued in the state where the consumer lives. This program is run on a national level by the government.
The SNAP program and the benefits that come with it 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 happen when a grocery store violates any of the following rules.
The retail store took part inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting the benefits, or stealing the benefits.
Your retail store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false information on the store’s application to accept EBT benefits.
Your grocery store redeemed more EBT food stamps than food sales during the same period.
Your employees accepted SNAP benefits from someone who isn’t allowed to use them.
How to defend your store against a SNAP violation
Spodek Law Group has immense experience managing SNAP violation letters. We can handle your SNAP violation process in all 3 phases of a SNAP action.
Sending the violation letter is the first step taken by the USDA to take away your EBT license. This letter may come with, or without, prior warnings can come at any time. The SNAP violation letter will have allegations in it, but most of them will lay out violations, and have attached documents detailing the violations. You have only 10 days to respond. Once you hire our law firm, 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 notice of violation, the USDA might still believe that a violation has occurred. If this happens, they’ll will definitely send a second letter which specifically states their decision to suspend or disqualify the retail store based on the accusations previously mentioned. You have 10 days to appeal this. If you choose not to, you’ll be unable to protest the USDA decision. After you hire our firm, our team the appeal to notify the USDA we are going to appeal their decision. We’ll collect necessary evidence, and our team will generate an appellate brief which contains all of the case law, evidence, etc. which is critical to overturn the decision.
If the USDA refuses to overturn the decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal District Court. The Judicial Appeal is like a normal court 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 are many laws which you have to adhere to for EBT. In most cases, many retail store owners don’t run into problems. However, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant purchase electronic goods. As a retailer, if you violate the laws, you’ll get a SNAP violation letter. Penalties of violating SNAP can result in severe fines. If you conduct a major SNAP violation, then you might end up with either a permanent or temporary disqualification. In many situations, owners of grocery stores didn’t know SNAP violations were even happening. In many situations, it’s dishonest employees are misusing the SNAP EBT program. If you’re accused of a SNAP violation to consult with a SNAP violation lawyer in order to make sure you don’t have your benefits revoked.
When a charge letter is presented to your grocery store, you have only ten days to respond to the violations. Failure to respond to the violations will permanently crush your store. In addition, the USDA will generate 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 will fight the findings of the USDA and fight any decision. The financial penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully does large fines to in order to curb future violations. The USDA will typically look to see if you have a compliance policy in place. It must be in writing and in effect when the violations were filed.
The retailer also 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 in order to check if the grocery store owners benefited from the violations, or were aware of the violation. If the managers were involved, it can lead to disqualification.
It’s highly recommended any grocery store owner that receives a violation 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