If you’re a retailer who accepts EBT at your grocery store, then it’s possible have gotten a letter of warning from the USDA. The notice is probably a SNAP violation notice, which is alleging you have violated the SNAP program. The USDA will attach a number of pages to the SNAP violation notice, which will contain transactions which occurred at your retail store which the government claims violates one or more genres of violations.
The first thing after you get a SNAP violation notice, you must contact our law firm. Remember, you have only ten days to respond to the letter. If you choose to ignore, the USDA will suspend your stores ability to accept EBT.
About The Program
The SNAP program helps families with get food each month. The SNAP program benefits are distributed via an EBT card. The benefits on the EBT card cannot be used for general usage, and they cannot be used for fraudulent cash back services. The cards took the place of food stamps in the 1990’s and are issued in the state where the recipient lives. This program is operated on a national level by the government.
This government and it’s parameters 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 occur if and when a store is in violation of the rules below.
The store was involved inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting the benefits, or theft of the benefits.
The retail store took SNAP benefits 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.
The store redeemed more EBT food stamps than food sales at the same time.
The employees of the store accepted SNAP benefits from someone who shouldn’t be allowed to use the benefits.
Defending against a SNAP Violation Letter
Spodek Law Group has experience handling SNAP violation 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 taken by the USDA to take away your right to take EBT benefits. The letter can come with, or without, prior warnings can come at any time. The SNAP violation letter will have allegations in it, but most of them will mention serious allegations, have evidence attached proving the violations. Your response to the SNAP violation letter is due within 10 days. After you hire Spodek Law Group, we take into their hands 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 notice of violation, the USDA might still feel that your store has violated the rules. If this happens, they’ll will 100% issue another letter that specifically states the agencies legal verdict to suspend or disqualify the retail store based on the allegations set forth. You have 10 days to appeal this. If you don’t, you’ll be unable to protest the USDA decision. Once you hire our law firm, we’ll file the necessary paperwork to notify the government we are going to appeal their decision. Our lawyers collect necessary evidence, and we will draft generate the necessary appeals briefs containing all of the legal laws, evidence, etc. which is critical to fix the outcome.
In the event the USDA refuses to override the legal decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal Court. The Judicial Appeal 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’s a lot of rules and regulations which you have to adhere to for EBT. In most normal situations, many retail store owners have no problems 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, and when, you violate the laws, you’ll get a SNAP violation letter. Snap violation penalties can include fines and penalties. If it’s believed you did a major violation, then you may end up with either a permanent or temporary disqualification. In most cases, store owners didn’t even know the violations were even happening. Often, unethical employees are misusing the SNAP EBT program. If you’re accused of a SNAP violation to consult 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 retail store, you have only ten days to respond to the claims by the USDA. Failure to respond to the violations will permanently crush your store. If you don’t respond the USDA will deliver a verdict even if you don’t respond to the allegations. In the absence of a SNAP violation attorney, you won’t be able to retain EBT benefits. Hiring 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 purposefully does large fines to curb 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 allegations were filed.
The grocery store must 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 to see if the grocery store owners benefited in any way from the fraud, or if the owners were aware of the fraud. Any involvement of the management can lead to disqualification.
We highly recommend any store owner that receives 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