If you accept EBT at your grocery store, then you might have received a letter of warning from the USDA. The letter is probably a SNAP violation notice, which is claiming you are in violation of the SNAP program. The USDA will attach a number of pages to the SNAP violation letter, and it will have transactions that happened at your store which the USDA claims is in violation of one or more groups of violations.
After you get a SNAP violation letter, you must speak to our our legal team. Remember, you have only ten days to respond to the letter. If you choose to ignore, the government will suspend your stores ability to accept EBT.
About The Program
This program helps families with get food each month. The SNAP program benefits are distributed to consumers via an EBT card. The funds on this card cannot be used for general usage, and they can’t be used for fraudulent cash back transactions. The EBT cards took over for food stamps in the 1990’s and are issued by each state individually where the consumer lives. The program is operated on a national level by the federal government.
The SNAP federal and it’s benefits 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 does it mean to have a SNAP violation
Snap violations happen if and when a grocery store is in violation of the following rules.
The retail store was involved inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or stealing the benefits.
The grocery store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect information on your store’s application to accept EBT benefits.
The grocery store took money for more coupons than food sales during the same period.
Your employees accepted SNAP benefits from someone who shouldn’t be allowed to use the benefits.
How we can help defend you against a SNAP violation notice
Spodek Law Group has immense experience handling SNAP appeals letters. Our team of attorneys can handle your SNAP violation process in all 3 phases of a SNAP violation action.
Sending the letter is the initial step taken by the USDA to remove your right to take EBT benefits. This letter may come with no warning can come at any time. The charging letter has a variety of allegations, but most letters will mention serious allegations, have evidence attached proving the violations. Your response to the SNAP violation letter is due within 10 days. Once you hire Spodek Law Group, we 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 SNAP violation letter, the USDA may still believe that a violation has occurred. If this happens, the USDA will definitely send another letter which specifically states the governments decision to suspend or disqualify the retail store based on the allegations set forth. Like before, you have 10 days to appeal the verdict. If you don’t, you’ll be unable to protest the USDA decision. After you hire our lawyers, we file the legal papers and notify them we are going to appeal their decision. Our lawyers gather necessary evidence, and our team will generate the necessary appeals briefs 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. This next phase is like a normal case, where you’ll have to do standard processes like discovery, file motions, and have a trial. Our attorneys can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there are many laws which you have to adhere to for EBT. In most cases, many retail store owners don’t run into problems. 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, SNAP recipients cant get electronic goods. If you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can result in severe and business crushing penalties. If you conduct a major SNAP violation, then you may end up with a temporary or permanent disqualification. In most cases, store owners don’t know the violations were even occurring. Often, it’s dishonest employees are misusing the SNAP program. It’s helpful to speak with a SNAP violation attorney to ensure sure you don’t have your benefits revoked.
When a charge letter is sent to your grocery store, you only have 10 days to respond to the claims. Your failure to respond will permanently harm your store. If you don’t respond 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 cannot defend your store. Retaining a SNAP violation lawyer gives you a fighting change. Our lawyers will discredit the findings of the USDA and appeal any penalties. The penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose imposes huge fines to in order to curb future violations. The USDA look to see if you have a store compliance policy. The policy must be in writing at the store and the policy must be when the violations were filed.
The store owner also has to 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 in order to see if the owners benefited from the violations, or if the owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
It’s highly recommended any grocery 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