If you’re a retailer who accepts EBT at your retail store, then may have been the recipient of a a official warning from the USDA. The notification is most likely a SNAP violation notice, which is alleging you have violated the SNAP program. The government will include proof to the SNAP violation letter, which will contain records of transactions which occurred at your grocery store that the USDA is saying is in violation of one or more categories 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 don’t respond, the government will suspend your stores ability to accept EBT.
About The SNAP Program
This program provides families with a certain amount of money each month. These benefits are distributed to consumers via an EBT card. The benefits on the EBT card are not for general usage, 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 in the state where the recipient lives. The SNAP program is operated on a nationwide level by the government.
The program and the benefits that come with it 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 counts as a SNAP violation
Snap violations occur if and when a store is in violation of the rules below.
The store is accused ofthe trafficking of SNAP benefits. Examples of this is fraudulently accepting the benefits, or stealing the benefits.
The grocery store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false info on your grocery stores application to accept EBT benefits.
Your store took money for more coupons than actual food sales during the same period.
The employees of the store accepted SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
How we can help defend you against a SNAP violation notice
Our law firm has experience managing SNAP violations letters. Our team of attorneys can handle your SNAP violation process in all phases of a SNAP Violation action.
Sending the violation letter is the first step which is taken by the USDA USDA to remove your right to take EBT benefits. The letter can come with no warning and can appear at any time. The SNAP violation letter contain details about alleged violations, but most letters will outline violations, with an attachment of details. You have only 10 days to respond. After 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.
Once the USDA reviews your answer to the violation letter, the USDA might still decide that your store has violated the rules. If this happens, the USDA will issue a second letter which specifically states the governments decision 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 choose not to, then you’ll be unable to protest the USDA decision. After you hire our lawyers, we file the legal papers and notify them appeal the decision. Our lawyers gather necessary evidence, and we will draft draft the necessary appeals briefs containing all of the legal laws, legal evidence, etc. which is critical to fix the outcome.
In the event the USDA refuses to change the violation claim, in the Administrative Review, we will file a Judicial review at the local Federal District Court. This process is like a normal 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 grocery store retailer, there are many laws you have to adhere to for EBT. In most normal situations, 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 limitations. For example, SNAP recipients cant purchase electronic goods. If you violate the laws, you should expect getting a SNAP violation letter. Penalties of violating SNAP can result in severe fines. If it’s believed you did a major SNAP violation, then you might end up with a temporary or permanent disqualification. In most cases, owners of grocery stores don’t even know SNAP violations are even happening. In many situations, unethical employees who are misusing the SNAP program. If you’re accused of a SNAP violation to consult with a SNAP violation appeals lawyer in order to make sure you don’t have your benefits revoked.
When a charge letter is delivered to your retail store, you have only 10 days to respond to the claims. Your failure to respond to the allegations will permanently crush your store. If you don’t respond the USDA will deliver a verdict even if you choose not to respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you a fighting change. Our lawyers can challenge the decision of the USDA and fight any penalties. The financial penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully imposes huge fines to in order to curb future violations. The USDA will look to see if you have a store compliance policy in place. It has to be in writing and in effect when 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 grocery store owners benefited in any way from the fraud, or if the business owners were aware of the fraud. Any involvement of the management can lead to disqualification.
It’s highly recommended any store owner that gets a violation 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