If you accept EBT at your grocery store, then you might have been the recipient of a a notice from the USDA. This notification is most likely 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 letter, which will contain records of transactions which occurred at your grocery store which the USDA claims violates one or more categories of violations.
The first thing after you get a SNAP violation letter, you should contact our law firm. Remember, you have only ten days to respond to the letter. If you don’t respond, the government will terminate/suspend your stores ability to take EBT.
About The Program
The SNAP program provides families with money each month. The SNAP program benefits are distributed to consumers with an EBT card. The SNAP benefits on the card are not for general usage, and they cannot be used for cash back transactions. The EBT cards took over for food stamps in the 1990’s and the card is issued by each state individually where the consumer lives. This program is operated on a nationwide level by the government.
The 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 does it mean to have a SNAP violation
SNAP legal violations happen if and when a grocery store violates any of the following rules.
The retail store was involved intrafficking SNAP benefits. This can mean fraudulently accepting taking the benefits, or stealing the benefits.
The grocery store accepted SNAP benefits 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.
Your store took money for more EBT food stamps than sale of actual food during the same period.
The employees of the store took SNAP benefits from someone who isn’t allowed to use them.
How to defend your store against a SNAP violation
Our law firm has experience handling SNAP violations letters. Our law firm can handle your SNAP Violation appeal in all 3 phases of a SNAP violation action.
Sending the letter is the initial step which is taken by the USDA USDA to take away your EBT license. The letter can come with, or without, prior warnings and can appear at any time. The SNAP violation letter contain details about alleged violations, but most of them will lay out serious allegations, and have attached documents detailing the violations. Your response to the SNAP violation letter is due within 10 days. Once 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 violation letter, the USDA may still feel that a violation has occurred. If that happens, the USDA will 100% issue another letter which outlines the agencies legal verdict to suspend or disqualify the store based on the accusations previously mentioned. Like before, you have ten days to protest the decision. If you choose not to, then you’ll be unable to protest the USDA decision. After you hire our lawyers, our team the legal papers to notify the government we are going to appeal their decision. We’ll collect necessary evidence, and our team will draft an appellate brief containing all of the legal laws, 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 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 attorneys can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there’s a lot of rules and regulations have to obey in order to accept EBT. In most cases, many grocery store owners have no issues adhering to them. 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’ll probably get a SNAP violation letter. Penalties of violating SNAP can result in fines, and penalties. If you conduct a major violation, then you might end up with either a permanent or temporary disqualification. In most cases, store owners don’t know the violations were even occurring. Often, dishonest employees who are misusing the SNAP EBT program. If you’re accused of a SNAP violation to speak with a SNAP violation appeals lawyer in order to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your retail store, you only have ten days to respond to the violations. Your failure to respond to the violations will permanently crush 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 a fighting change. Our lawyers will challenge the findings of the USDA and appeal any decision. The financial penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose does large fines to in order to curb future violations. The USDA look to see if you have a store compliance policy. The policy has to be in writing at the store and the policy must be when the allegations were filed.
The retailer must be able to prove the above mentioned 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 owners benefited from the violations, or if the owners were aware of the fraud. If the management was involved it can lead to disqualification.
It’s highly recommended any store owner that gets a letter consult 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