If you’re a retailer who accepts EBT at your retail store, then may have received a official warning from the USDA. This notification is most likely a SNAP violation notice, which is claiming you are in violation of the SNAP program. The government will attach a number of pages to the SNAP violation notice, which will contain transactions that occurred at your store that the USDA is saying is in violation of one or more groups of violations.
After you get a SNAP violation notice, you should definitely speak to our our law firm. Remember, you have only ten days to respond to the letter. If you choose to ignore, the USDA will suspend your grocery store’s ability to accept EBT.
About The Program
This program provides families with money each month. These benefits are distributed with an EBT card. The SNAP benefits on this card cannot legally be used for general usage, and they can’t be used for fraudulent cash back services. The EBT cards took over for food stamps in the 1990’s and are issued in the state which the SNAP participant lives. The SNAP program is run on a national level by the federal government.
The government and the benefits that come with it are governed 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 store is in violation of the rules below.
The grocery store is accused oftrafficking SNAP benefits. This can mean 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.
The store submitted incorrect information on the grocery 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 someone who shouldn’t be allowed to use the benefits.
How we can help defend you against a SNAP violation notice
Our law firm has experience managing SNAP appeals letters. Our law firm can handle your SNAP Violation appeal in all phases of a SNAP action.
The charging letter is the first step which is going to be taken by USDA to take away your right to take EBT benefits. The letter can come with no warning and can happen at any time. The violation letter will contain allegations, but most of them will outline serious allegations, 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 SNAP violation letter, the USDA might still decide that a violation has occurred. If this happens, they’ll will 100% issue another letter which outlines the agencies decision to suspend or disqualify the grocery store based on the accusations previously mentioned. You have 10 days to appeal this. If you don’t, then you’ll be unable to protest the USDA decision. Once you hire our law firm, we’ll file the appeal to notify the USDA appeal the decision. We’ll gather necessary evidence, and we will draft generate an appellate brief containing all of the legal laws, legal 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, our lawyers will file a Judicial review at the local Federal Court. The Judicial Appeal is like a normal federal 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 food store retailer, there are many laws you have to adhere to for EBT. In most cases, many grocery store owners don’t run into problems. However, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, people getting SNAP benefits cant purchase electronic goods. If, and when, you violate the laws, you’ll probably get a SNAP violation letter. Penalties of violating SNAP can include fines and penalties. If you conduct a major violation, then you may end up with either a permanent or temporary disqualification. In most cases, store owners didn’t know SNAP violations were even occurring. In many situations, it’s dishonest employees who are misusing the SNAP EBT program. It’s helpful to discuss your case with a SNAP violation appeals lawyer to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your retail store, you only have 10 days to respond to the allegations. Your failure to respond will permanently crush your store. If you don’t respond the USDA will deliver a verdict even though you choose not to respond to the allegations. In the absence of a SNAP violation attorney, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers can 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 chooses to impose large fines to in order to curb future violations. The USDA will typically look to see if you have a compliance policy in place. The policy has to be in writing at the store and in effect at the time the violations were filed.
The retailer 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 will also look in order to see if the owners benefited in any way from the fraud, or if the business owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
We highly recommend any owner that gets 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