If you accept EBT at your grocery store, then may have received a letter of warning from the USDA. The notification is most likely a SNAP violation letter, which is claiming you have violated the SNAP program. The government will attach a number of pages to the SNAP violation notice, which will contain transactions which happened at your grocery 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 letter, you must 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.
About The Program
The SNAP program provides families with a certain amount of money each month. These benefits are distributed to consumers with an EBT card. The benefits on the card cannot be used for general use, and they cannot be used for cash back services. The EBT cards took over for food stamps in the 1990’s and are issued in the state where the consumer lives. This program is run on a nationwide level by the federal government.
The SNAP program and it’s parameters 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 retail store is in violation of the following rules.
The store is accused ofthe trafficking of SNAP benefits. This can mean fraudulently accepting taking the benefits, or theft of the benefits.
The grocery store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false information on the store’s application to accept EBT benefits.
Your store redeemed more EBT food stamps than actual food sales during the same period.
The employees of the store have taken SNAP benefits from someone who isn’t eligible to use the benefits.
How we can help defend you against a SNAP violation notice
Spodek Law Group has immense experience managing SNAP violation letters. We can handle your SNAP violation process in all 3 phases of a SNAP violation action.
The charging letter is the first step taken by the USDA to take away your EBT license. This letter may come with no warning can come at any time. The SNAP violation letter will have allegations in it, but most letters will lay out serious allegations, and have attached documents detailing 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 SNAP violation letter, the USDA might still decide that your store has violated the rules. If this happens, the USDA will 100% issue another letter which specifically states their 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 unable to protest the USDA decision. Once you hire our lawyers, we’ll file the legal papers and notify the government we are going to appeal their decision. Our lawyers collect necessary evidence, and we will draft draft the necessary appeals briefs which contains all of the legal laws, legal evidence, etc. which is needed to change the outcome of the violations.
In the event the USDA refuses to overturn the legal decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal District Court. This process is like a normal court 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 you have to adhere to for EBT. In most cases, many grocery store owners don’t run into problems. However, USDA’s 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 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 might end up with either a permanent or temporary disqualification. In most cases, owners of grocery stores didn’t even know the violations were even happening. Often, dishonest employees are misusing the SNAP EBT program. It’s helpful to consult with a SNAP violation appeals lawyer to make sure you don’t have your benefits revoked.
When a SNAP violation letter is delivered to your grocery store, you have only 10 days to respond to the violations. Failure to respond to the violations will permanently harm your store. In addition, the USDA will deliver a verdict even if you don’t 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 will discredit the findings of the USDA and appeal any penalties. The financial penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose does large fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. The policy has to be in writing and the policy must be at the time the allegations were filed.
The retailer also be able to prove the compliance policy was in place before the charge, and was not drafted after the violation letter. The USDA will also look in order to check if the grocery store owners benefited in any way from the fraud, or if the owners were aware of the fraud. If the management was involved it can lead to disqualification.
We highly recommend any owner that receives a violation letter consult 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