If you accept EBT at your grocery store, then you might have been the recipient of a a official warning from the USDA. This letter is probably a SNAP violation notice, which is alleging you are in violation of the SNAP program. The USDA will attach a number of pages to the SNAP violation notice, which will have records of transactions that happened at your grocery store that the USDA claims is in violation of one or more genres of violations.
The first thing after you get a SNAP violation letter, you should contact our legal team. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the government will suspend your stores ability to take EBT.
About The Program
This program provides families with money each month. These benefits are given through an EBT card. The benefits on the EBT card cannot legally be used for general usage, and they can’t be used for fraudulent 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 nationwide level by the government.
The SNAP program and it’s benefits 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 does it mean to have a SNAP violation
SNAP legal violations occur when a grocery store violates any of the rules below.
The retail store took part inthe trafficking of SNAP benefits. This can mean fraudulently accepting taking the benefits, or stealing the benefits.
The grocery store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect information on the retail stores application to accept EBT benefits.
Your store took money for more coupons than actual food sales over the same period.
Your employees accepted 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 immense experience handling SNAP violations letters. Our team of attorneys can handle your SNAP violation process in all phases of a SNAP Violation action.
Sending the letter is the initial step which is going to be taken by USDA to take away your EBT license. The letter can come with, or without, prior warnings and can appear at any time. The SNAP violation letter will have allegations in it, but most of them will mention violations, and have attached documents detailing the violations. You have only 10 days to respond. After 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 violation letter, the USDA might still decide that your store has violated the rules. If that happens, they’ll will issue another letter which outlines the governments legal verdict to suspend or disqualify the retail store based on the allegations set forth. You have 10 days to appeal this. If you choose not to, then you’ll be unable to protest the USDA decision. Once you hire our lawyers, we file the necessary paperwork to notify the USDA appeal the decision. We’ll gather necessary evidence, and we will draft generate the necessary appeals briefs which contains all of the case law, legal evidence, etc. which is necessary to change the outcome of the violations.
In the event the USDA refuses to override the binding 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 have to do standard processes like 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 grocery store owners have no issues adhering to them. However, the SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant buy electronic goods. If you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can result in severe and business crushing penalties. If you conduct a serious SNAP violation, then you might end up with either a permanent or temporary disqualification. In most cases, store owners don’t even know the violations are even occurring. In many situations, dishonest employees are misusing the SNAP EBT program. If you’re accused of a SNAP violation to speak with a SNAP violation lawyer to make sure you don’t have your benefits revoked.
When a SNAP violation letter is delivered to your retail store, you have only 10 days to respond to the claims. Your failure to respond to the violations will permanently harm your store. In addition, the USDA will generate a verdict even if 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. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers can discredit 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 imposes large fines to in order to curb future violations. The USDA will look to see if you have a store compliance policy in place. The policy has to be in writing at the store and the policy must be when the violations were filed.
The retailer must has to be able to prove the compliance policy was in place before the charge, and was not drafted after the violation letter. The USDA typically also looks in order to check if the grocery store owners benefited from the violations, or were aware of the violation. Any involvement of the management can lead to disqualification.
It’s highly recommended any store that gets a 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