If you’re a retailer who accepts EBT at your grocery store, then you might have been the recipient of a a official warning from the USDA. The notice is most likely a SNAP violation notice, which is claiming you have violated the SNAP program. The USDA will include proof to the SNAP violation letter, and it will contain records of transactions which occurred at your grocery store that the government is saying violates one or more genres of violations.
The first thing after you get a SNAP violation letter, you should speak to our our legal team. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the USDA will suspend your grocery store’s ability to accept EBT.
About The SNAP Program
This program provides families with get food each month. These benefits are distributed through an EBT card. The SNAP benefits on the EBT card cannot legally be used for general usage, and they cannot be used for cash back transactions. The EBT cards took the place of food stamps in the 1990’s and the card is issued in the state which the SNAP participant lives. The SNAP program is operated on a nationwide level by the government.
The federal 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 retail store violates any of the rules below.
The store took part intrafficking SNAP benefits. This can mean fraudulently accepting taking the benefits, or theft of the benefits.
Your retail store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false info on the grocery stores application to accept EBT benefits.
Your grocery store redeemed more EBT food stamps than sale of actual food at the same time.
The employees of the store accepted SNAP benefits from someone who isn’t allowed to use them.
How to defend your store against a SNAP violation
Our law firm has experience handling SNAP violations letters. We can handle your SNAP Violation appeal in all phases of a SNAP violation action.
Sending the letter is the first step which is going to be taken by USDA to take away your right to take EBT benefits. This letter may come with, or without, prior warnings and can happen at any time. The SNAP violation letter will have allegations in it, but most of them will detail violations, with an attachment of details. Your response to the SNAP violation letter is due within 10 days. Once 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.
Once the USDA reviews your answer to the violation letter, the USDA might still believe that a violation has occurred. If this happens, they’ll will definitely send another letter that specifically states their legal verdict to suspend or disqualify the store based on the alleged violations. You have 10 days to appeal this. If you don’t, then you’ll be stuck with the USDA decision. Once you hire our firm, our team the necessary paperwork and notify the USDA we are going to appeal their decision. We’ll collect necessary evidence, and our team will draft an appellate brief which contains all of the case law, legal evidence, etc. which is necessary to overturn the decision.
If the USDA refuses to override the legal decision, in the Administrative Review, we will file a Judicial review at the local Federal Court. This process is like a normal federal court case, where you’ll have to do standard processes like discovery, file motions, and have a trial. We can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there’s a lot of rules and regulations have to obey in order to accept EBT. In most normal situations, many retail store owners have no issues adhering to them. However, the SNAP program 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 should expect getting a SNAP violation letter. Snap violation penalties can result in severe fines. If it’s believed you did a serious violation, then you might end up with either a permanent or temporary disqualification. In most cases, owners of grocery stores don’t even know SNAP violations are even happening. Often, dishonest employees who are misusing the SNAP program. It’s helpful to speak with a SNAP violation appeals lawyer in order to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is presented to your store, you only have 10 days to respond to the claims by the USDA. Failure to respond to the allegations will permanently crush your store. If you don’t respond the USDA will generate a verdict even though you don’t respond to the allegations. Without legal experience, you cannot defend your store. Retaining a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers can discredit the decision of the USDA and appeal any decision. The fines imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose does large fines to in order to curb future violations. The USDA look to see if you have a store compliance policy. The policy has to be in writing at the store and in effect at the time the allegations were filed.
The grocery store also be able to prove the compliance 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.
It’s highly recommended any store owner that gets 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