If you’re a retailer who accepts EBT at your retail store, then you might have gotten a official warning from the USDA. This notice is most likely a SNAP violation notice, which is claiming you are in violation of the SNAP program. The USDA will include proof to the SNAP violation notice, which will contain records of transactions that occurred at your grocery store that the government is saying violates one or more genres of violations.
After you get a SNAP violation letter, you should definitely contact our law firm. Remember, you have only ten days to respond to the letter. If you choose to ignore, the USDA will terminate/suspend your stores ability to take EBT.
About The Program
This program helps families with get food each month. The SNAP program benefits are given via an EBT card. The funds on the EBT card cannot legally be used for general use, and they cannot be used for cash back services. The cards took the place of food stamps in the 1990’s and the card is issued by each state individually which the SNAP participant lives. This program is operated on a nationwide level by the government.
The federal and it’s benefits are under handled 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 when a grocery store violates any of the rules below.
The retail store took part inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting benefits, or stealing the benefits.
The retail store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false info on the retail stores application to accept EBT benefits.
The grocery store took money for more coupons than sale of actual food during the same period.
Your employees 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
Spodek Law Group has immense experience handling SNAP violations letters. Our team of attorneys can handle your SNAP Violation appeal in all 3 phases of a SNAP action.
Sending the violation letter is the initial step taken by the USDA to remove your right to take EBT benefits. The letter can come with, or without, prior warnings can come at any time. The charging letter will have allegations in it, but most of them will lay out violations, have evidence attached proving the violations. You have only 10 days to respond. After you hire our law firm, 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 notice of violation, the USDA may still decide that your store has violated the rules. If this happens, they’ll will 100% issue a second letter that specifically states their decision to suspend or disqualify the grocery store based on the alleged violations. Like before, you have ten days to protest the verdict. If you choose not to, you’ll be stuck with the USDA decision. Once 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 generate the necessary appeals briefs containing all of the case law, evidence, etc. which is critical to change the outcome of the violations.
If the USDA refuses to change the binding decision, in the Administrative Review, we’ll file a Judicial review at the local Federal Court. This next phase is like a normal 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 which 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 buy 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 SNAP violation, then you may end up with either a permanent or temporary disqualification. In many situations, store owners didn’t even know SNAP violations are even occurring. In many situations, unethical employees who are misusing the SNAP program. If you’re accused of a SNAP violation to speak with a SNAP violation lawyer to make sure you don’t have your benefits revoked.
When a SNAP violation letter is delivered to your grocery store, you only have ten days to respond to the violations. Failure to respond will permanently harm your store. In addition, the USDA will make a verdict even though you don’t respond to the allegations. In the absence of a SNAP violation attorney, you won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers will discredit the decision of the USDA and fight any penalties. The penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully imposes huge fines to curb violations. The USDA look to see if you have a store compliance policy. It has to be in writing and in effect when the violations were filed.
The store owner must be able to prove the above mentioned policy was in existence before the allegations, and was not drafted after the violation letter. The USDA will also look to check if the owners benefited in any way from the fraud, or were aware of the violation. Any involvement of the management can lead to disqualification.
We highly recommend any owner that gets a allegation 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