If you accept EBT at your grocery store, then it’s possible have been the recipient of a a official warning from the USDA. The letter is most likely a SNAP violation letter, which is alleging you are in violation of the SNAP program. The USDA will include proof to the SNAP violation notice, which will contain transactions that occurred at your grocery store which the USDA claims is in violation of one or more groups of violations.
After you get a SNAP violation notice, you must contact our legal team. Remember, you have only ten days to respond to the letter. If you don’t respond, the USDA will terminate/suspend your stores ability to take EBT.
About The SNAP Program
The SNAP program helps families with get food each month. The SNAP program benefits are given via an EBT card. The benefits on the EBT card cannot legally be used for general usage, and they can’t be used for fraudulent cash back transactions. The cards took over for food stamps in the 1990’s and are issued by each state individually where the recipient lives. The SNAP program is run on a nationwide level by the government.
The 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 does it mean to have a SNAP violation
Snap violations happen if and when a store is in violation of the following rules.
The store was involved intrafficking SNAP benefits. Examples of this is fraudulently accepting 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 incorrect information on your retail stores application to accept EBT benefits.
The grocery store redeemed more coupons than actual food sales over the same period.
Your employees took SNAP benefits from someone who isn’t allowed to use them.
Defending against a SNAP Violation Letter
Our law firm has experience handling SNAP violation letters. We can handle your SNAP violation process in all phases of a SNAP action.
The charging letter is the initial step which is taken by the USDA USDA to take away your EBT license. This letter may come with, or without, prior warnings and can appear at any time. The charging letter will have allegations in it, but most letters will outline serious allegations, 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 notice of violation, the USDA may still feel that a violation has occurred. If that happens, they’ll will issue a second letter that outlines the governments decision to suspend or disqualify the grocery store based on the allegations set forth. You have 10 days to appeal this. If you don’t, then you’ll be stuck with the USDA decision. After you hire our firm, we’ll file the necessary paperwork and notify the government appeal the decision. Our lawyers collect necessary evidence, and our team will draft an appellate brief containing all of the case law, legal evidence, etc. which is needed to fix the outcome.
In the event the USDA refuses to overturn the decision, in the Administrative Review, we will file a Judicial review at the local Federal Court. The Judicial Appeal is like a normal federal court case, where you’ll be able to do discovery, file motions, and have a trial. We 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 cases, many retail store owners don’t run into problems. However, SNAP 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, and when, you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can result in severe and business crushing penalties. If it’s believed you did a serious violation, then you may end up with a temporary or permanent disqualification. In most cases, store owners don’t even know SNAP violations were even happening. In many situations, dishonest employees who are misusing the SNAP EBT 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 presented to your retail store, you only have 10 days to respond to the claims by the USDA. Your failure to respond 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. 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 can discredit the findings of the USDA and fight 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. It has to be in writing at the store and the policy must be when the violations were filed.
The retailer also has to be able to prove the above mentioned policy was in existence before the allegations, and was not drafted after the violation letter. The USDA typically also looks in order to see if the 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 grocery 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