If you accept EBT at your retail store, then you might have been the recipient of a a official notice from the USDA. This notice is probably a SNAP violation notice, which is stating you violated the SNAP program. The government will attach a number of pages to the SNAP violation notice, and it will have transactions that occurred at your retail store that 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 speak to our our law firm. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the government will terminate/suspend your stores ability to accept EBT.
About The SNAP Program
This program helps families with get food each month. These benefits are distributed through an EBT card. The funds on the EBT card aren’t for general usage, and they cannot be used for fraudulent cash back services. The EBT cards took over for food stamps in the 1990’s and the card is issued by each state individually where the recipient lives. The program is operated on a nationwide level by the federal government.
The SNAP government and it’s parameters 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 violations happen if and when a store violates any of the rules below.
The retail store took part intrafficking SNAP benefits. Examples of this is fraudulently accepting the benefits, or theft of the benefits.
The grocery store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false info on the retail stores application to accept EBT benefits.
The grocery 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 to defend your store against a SNAP violation
Spodek Law Group has experience handling SNAP violations letters. Our law firm can handle your SNAP violation process in all 3 phases of a SNAP violation action.
Sending the violation letter is the initial step which is taken by the USDA USDA to remove your EBT license. This letter may come with no warning can come at any time. The SNAP violation letter will contain allegations, but most letters will lay out serious allegations, with an attachment of details. Your response to the SNAP violation letter is due within 10 days. After 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.
After reviewing the store’s answer to the violation letter, the USDA may still feel that a violation has occurred. If that happens, they’ll will 100% issue another letter that outlines their decision to suspend or disqualify the retail store based on the alleged violations. You have 10 days to appeal this. If you don’t, then you’ll be unable to protest the USDA decision. After you hire our lawyers, we’ll file the legal papers and notify the government appeal the decision. We’ll gather necessary evidence, and we will draft draft an appellate brief containing all of the legal laws, legal evidence, etc. which is necessary to fix the outcome.
In the event the USDA refuses to change the decision, in the Administrative Review, we’ll file a Judicial review at the local Federal District 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. Our attorneys 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 have no issues adhering to them. However, USDA’s SNAP program 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 probably get a SNAP violation letter. Penalties of violating SNAP can result in severe fines. If you conduct a major SNAP violation, then you may end up with either a permanent or temporary disqualification. In many situations, store owners didn’t know the violations were even happening. Often, unethical employees who are misusing the SNAP EBT program. If you’re accused of a SNAP violation to discuss your case with a SNAP violation attorney to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your store, you only have 10 days to respond to the claims by the USDA. Failure to respond to the allegations will permanently harm your store. In addition, the USDA will make a verdict even though you don’t respond to the allegations. In the absence of a SNAP violation attorney, you won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you a fighting change. Our lawyers will fight the findings of the USDA and appeal any penalties. The fines imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose chooses to impose huge fines to in order to curb future violations. The USDA look to see if you have a store compliance policy. It must be in writing at the store and the policy must be at the time the allegations were filed.
The grocery store 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 to check if the owners benefited in any way from the fraud, or if the owners were aware of the fraud. If the management was involved it can lead to disqualification.
We highly recommend any store owner that receives a allegation 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