If you accept EBT at your grocery store, then it’s possible have gotten a official notice from the USDA. The notification is probably a SNAP violation letter, which is alleging you violated the SNAP program. The government will include proof to the SNAP violation notice, which will contain records of transactions that occurred at your grocery store which the USDA is saying is in violation of one or more groups of violations.
The first thing after you get a SNAP violation letter, you should definitely contact our legal team. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the USDA will suspend your stores privilege to accept EBT payments.
About The SNAP Program
The SNAP program helps families with a certain amount of money each month. The SNAP program benefits are given via an EBT card. The SNAP benefits on the EBT card are not 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 the card is issued by each state individually where the consumer lives. The SNAP program is run on a nationwide level by the federal government.
The federal and it’s benefits 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’s a SNAP Violation
Snap violations happen if and when a store is in violation of the rules below.
The retail store was involved intrafficking SNAP benefits. Examples of this is fraudulently accepting benefits, or stealing the benefits.
The retail store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect information on your grocery stores application to accept EBT benefits.
The store redeemed more coupons than sale of actual food over the same period.
The employees of the store have taken SNAP benefits from someone who isn’t allowed to use them.
How we can help defend you against a SNAP violation notice
Spodek Law Group has experience handling SNAP appeals letters. Our team of attorneys can handle your SNAP Violation appeal in all phases of a SNAP action.
Sending the violation letter is the first step which is taken by the USDA USDA to remove your EBT license. This comes with, or without, prior warnings and can appear at any time. The violation letter has a variety of allegations, but most of them will mention violations, with an attachment of details. You have only 10 days to respond. 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.
After reviewing the store’s answer to the violation letter, the USDA might still believe that a violation has occurred. If that happens, the USDA will 100% issue a second letter which specifically states the agencies legal verdict to suspend or disqualify the grocery store based on the accusations previously mentioned. Like before, you have ten days to appeal this decision. If you don’t, you’ll be stuck with the USDA decision. Once you hire our firm, we file the appeal and notify the USDA appeal the decision. Our lawyers gather necessary evidence, and we will draft draft an appellate brief containing all of the legal laws, legal evidence, etc. which is critical to overturn the decision.
If the USDA refuses to overturn the violation claim, in the Administrative Review, we’ll file a Judicial review at the local Federal Court. The Judicial Appeal is like a normal court case, where you’ll have to do standard processes like discovery, file motions, and have a trial. Our law firm 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 cases, many retail 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 you violate the laws, you’ll get a SNAP violation letter. Penalties of violating SNAP can result in fines, and penalties. If it’s believed you did a major violation, then you might end up with a temporary or permanent disqualification. In most cases, owners of grocery stores don’t know the violations were even happening. Often, unethical employees are misusing the SNAP program. It’s helpful to speak with a SNAP violation lawyer in order to ensure sure you don’t have your benefits revoked.
When a charge letter is sent to your store, you only have 10 days to respond to the claims. Failure to respond to the violations will permanently harm your store. If you don’t respond the USDA will generate a verdict even if you don’t 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 discredit the findings of the USDA and fight any penalties. The financial penalties imposed can be huge – 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 look to see if you have a store compliance policy. It has to be in writing and in effect at the time the allegations were filed.
The retailer must be able to prove the compliance policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA will also look to see if the retail store owners benefited in any way from the fraud, or were aware of the violation. If the managers were involved, it can lead to disqualification.
It’s highly recommended any store that receives a allegation 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