If you’re a retailer who accepts EBT at your retail store, then it’s possible have been the recipient of a a letter from the USDA. The notice 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, and it will contain records of transactions that happened at your grocery store which the government claims violates one or more categories of violations.
The first thing after you get a SNAP violation letter, you should speak to our our law firm. Remember, you have only ten days to respond to the letter. If you choose to ignore, the government will suspend your stores privilege to take EBT.
About The Program
The SNAP program provides families with funds to buy food each month. These benefits are given via an EBT card. The benefits on this card are not for general usage, and they cannot be used for fraudulent cash back transactions. The cards took over for food stamps in the 1990’s and the card is issued in the state where the recipient lives. The SNAP program is operated on a nationwide level by the federal 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’s a SNAP Violation
SNAP legal violations happen when a store violates any of the following rules.
The retail store is accused ofthe trafficking of SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or theft of the benefits.
The grocery store took SNAP benefits 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.
Your grocery store redeemed more EBT food stamps than sale of actual food during the same period.
Your employees accepted SNAP benefits from someone who shouldn’t be allowed to use the benefits.
How we can help defend you against a SNAP violation notice
Our law firm has experience handling SNAP appeals letters. Our team of attorneys can handle your SNAP Violation appeal in all phases of a SNAP Violation action.
Sending the violation letter is the initial step which is taken by the USDA USDA to take away your EBT license. The letter can come with no warning and can appear at any time. The violation letter will contain allegations, but most of them will lay out serious allegations, have evidence attached proving the violations. Your response to the SNAP violation letter is due within 10 days. After you hire Spodek Law Group, we 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 SNAP violation letter, the USDA may still decide that a violation has occurred. If that happens, the USDA will 100% issue another letter that outlines their legal verdict to suspend or disqualify the store based on the alleged violations. You have 10 days to appeal this. If you don’t, then you’ll be unable to protest the USDA decision. After you hire our law firm, our team the necessary paperwork and notify them we are going to appeal their decision. Our lawyers collect necessary evidence, and our team will generate the necessary appeals briefs which contains all of the case law, legal evidence, etc. which is critical to change the outcome of the violations.
If the USDA refuses to change the legal decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal Court. The Judicial Appeal is like a normal federal court case, where you’ll have to do standard processes like discovery, file motions, and have a trial. We can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there’s a lot of rules and regulations 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 limitations. For example, people getting SNAP benefits cant buy 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 fines. If it’s believed you did a serious violation, then you might end up with either a permanent or temporary disqualification. In many situations, store owners don’t know the violations were even occurring. In many situations, it’s dishonest employees are misusing the SNAP EBT program. It’s helpful to speak with a SNAP violation lawyer to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your grocery store, you have only ten days to respond to the violations. Failure to respond will permanently harm your store. If you don’t respond the USDA will deliver a verdict even if you don’t respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers can discredit the decision of the USDA and fight any decision. The financial penalties imposed can be huge – 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. It must be in writing and in effect at the time the allegations were filed.
The grocery store must has to be able to prove the above mentioned policy was in place before the charge, and wasn’t drafted after the violation was made. The USDA will also look to see if the grocery store owners benefited in any way from the fraud, or if the owners were aware of the fraud. Any involvement of the management can lead to disqualification.
We highly recommend any owner that receives a allegation 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