If you’re a retailer who accepts EBT at your retail store, then you might have received a official notice from the USDA. The notice is probably a SNAP violation letter, which is stating you have violated the SNAP program. The government will include proof to the SNAP violation letter, and it will contain transactions that occurred at your retail store which the government is saying is in violation of one or more genres of violations.
The first thing after you get a SNAP violation letter, you must contact our legal team. Remember, you have only ten days to respond to the letter. If you choose to ignore, the USDA will terminate/suspend your grocery store’s ability to take EBT.
About The SNAP Program
The SNAP program helps families with a certain amount of money each month. The SNAP program benefits are distributed via an EBT card. The benefits on the card aren’t for general usage, and they can’t be used for fraudulent cash back transactions. The EBT cards took the place of food stamps in the 1990’s and are issued in the state where the recipient lives. The SNAP program is run on a national level by the government.
The SNAP government and the benefits that come with it are governed 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 when a retail store is in violation of the following rules.
The grocery store took part inthe trafficking of SNAP benefits. This can mean fraudulently accepting taking the benefits, or stealing the benefits.
Your grocery store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect info on your store’s application to accept EBT benefits.
The store redeemed more coupons than sale of actual food during the same period.
The employees of the store have taken SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
Defending against a SNAP Violation Letter
Spodek Law Group has immense experience handling SNAP violation letters. Our team of attorneys can handle your SNAP Violation appeal in all phases of a SNAP violation action.
The charging letter is the first step taken by the USDA to take away your EBT license. This comes with, or without, prior warnings can come at any time. The SNAP violation letter will contain allegations, but most of them will outline serious allegations, and have attached documents detailing the violations. You have only 10 days to respond. 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.
Once the USDA reviews your answer to the violation letter, the USDA might still decide that a violation has occurred. If that happens, they’ll will issue a second letter which outlines the agencies legal verdict to suspend or disqualify the grocery store based on the alleged violations. You have 10 days to appeal this. If you choose not to, then you’ll be stuck with the USDA decision. After you hire our firm, we’ll file the legal papers to notify the government appeal the decision. We’ll gather necessary evidence, and we will draft generate the necessary appeals briefs which contains all of the case law, legal evidence, etc. which is needed to fix the outcome.
In the event the USDA refuses to change the binding decision, in the Administrative Review, we’ll file a Judicial review at the local Federal District 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 attorneys can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there are many laws have to obey in order to accept EBT. In most normal situations, many grocery 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, people getting SNAP benefits cant purchase electronic goods. If, and when, you violate the laws, you should expect getting a SNAP violation letter. Penalties of violating SNAP 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, owners of grocery stores don’t even know the violations were even occurring. Often, dishonest 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 charge letter is delivered to your store, you only have 10 days to respond to the claims. Your failure to respond will permanently harm your store. In addition, 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. Hiring 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 decision. The fines imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully imposes large 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 at the store and in effect when the violations were filed.
The retailer also be able to prove the compliance policy was in place before the charge, and wasn’t drafted after the violation was made. The USDA typically also looks to see if the owners benefited from the violations, or if the business owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
It’s highly recommended 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