If you accept EBT at your grocery store, then it’s possible have been the recipient of a a letter of warning from the USDA. The notice is probably a SNAP violation letter, which is alleging you are in violation of the SNAP program. The government will attach a number of pages to the SNAP violation notice, and it will contain records of transactions that occurred at your retail store that the USDA is saying is in violation of one or more groups of violations.
The first thing after you get a SNAP violation notice, you should definitely speak to our our legal team. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the USDA will suspend your stores privilege to accept EBT payments.
About The SNAP Program
This program provides families with funds to buy food each month. These benefits are given with an EBT card. The funds on the EBT card are not for general use, and they can’t be used for cash back services. 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 national level by the federal government.
The SNAP program and it’s benefits are under handled by the US 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 following rules.
The grocery store was involved intrafficking SNAP benefits. This can mean fraudulently accepting taking the benefits, or stealing 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 store’s application to accept EBT benefits.
The store took money for more EBT food stamps than sale of actual food during the same period.
The employees of the store took SNAP benefits from someone who shouldn’t be allowed to use the benefits.
How we can help defend you against a SNAP violation notice
Our law firm has immense experience managing SNAP appeals letters. We can handle your SNAP violation process in all 3 phases of a SNAP Violation action.
The charging letter is the first step which is taken by the USDA USDA to remove your right to take EBT benefits. This letter may come with, or without, prior warnings and can happen at any time. The violation letter will have allegations in it, but most letters will mention serious allegations, and have attached documents detailing the violations. You have only 10 days to respond. 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.
After reviewing the store’s answer to the violation letter, the USDA might still believe that your store has violated the rules. If this happens, they’ll will issue a second letter which specifically states the governments legal verdict to suspend or disqualify the retail store based on the allegations set forth. Like before, you have ten days to appeal the decision. If you choose not to, you’ll be stuck with the USDA decision. Once you hire our law firm, our team the necessary paperwork to notify the government we are going to appeal their decision. Our lawyers collect necessary evidence, and our team will generate an appellate brief containing all of the legal laws, legal evidence, etc. which is critical to fix the outcome.
If the USDA refuses to overturn the decision, in the Administrative Review, we’ll file a Judicial review at the local Federal Court. This process is like a normal 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’s a lot of rules and regulations have to obey in order to accept EBT. In most cases, many grocery store owners don’t run into problems. However, SNAP 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 get a SNAP violation letter. Snap violation penalties can result in fines, and penalties. If it’s believed you did a major SNAP violation, then you might end up with either a permanent or temporary disqualification. In most cases, owners of grocery stores didn’t even know SNAP violations were even occurring. In many situations, it’s dishonest employees are misusing the SNAP program. It’s helpful to speak with a SNAP violation lawyer to ensure sure you don’t have your benefits revoked.
When a charge letter is presented to your store, you have only 10 days to respond to the violations. Your failure to respond 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 won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers can discredit the decision 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 does huge fines to curb violations. The USDA look to see if you have a store compliance policy. It must be in writing and the policy must be when the violations were filed.
The grocery store must be able to prove the above mentioned policy was in place before the charge, 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 were aware of the violation. Any involvement of the management can lead to disqualification.
It’s highly recommended any grocery store owner that receives a violation 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