If you accept EBT at your retail store, then may have received a official notice from the USDA. This notice is most likely a SNAP violation letter, which is alleging you violated the SNAP program. The government will include proof to the SNAP violation notice, which will contain records of transactions that happened at your grocery store that the government is saying is in violation of one or more categories of violations.
After you get a SNAP violation letter, you should contact our law firm. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the government will terminate/suspend your grocery store’s ability to accept EBT payments.
About The Program
The SNAP program helps families with money each month. These benefits are distributed to consumers through an EBT card. The SNAP benefits on this card cannot legally be used for general usage, and they cannot be used for fraudulent cash back transactions. The EBT cards took over for food stamps in the 1990’s and are issued by each state individually where the consumer lives. The program is run on a nationwide level by the government.
The program and the benefits that come with it are under handled 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 violations happen if and when a store is in violation of the following rules.
The store was involved intrafficking SNAP benefits. Examples of this is fraudulently accepting benefits, or stealing the benefits.
The grocery store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false info on the store’s application to accept EBT benefits.
Your grocery store took money for more EBT food stamps than sale of actual food at the same time.
The employees of the store have taken SNAP benefits from someone who isn’t allowed to use them.
How we can help defend you against a SNAP violation notice
Spodek Law Group has experience handling SNAP violations letters. Our team of attorneys can handle your SNAP violation process in all phases of a SNAP Violation action.
The charging letter is the initial step which is taken by the USDA USDA to take away your right to take EBT benefits. This letter may come with, or without, prior warnings and can happen at any time. The violation letter will have allegations in it, but most letters will detail serious allegations, have evidence attached proving the violations. Your response to the SNAP violation letter is due within 10 days. 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 might still believe that your store has violated the rules. If that happens, the USDA will issue another letter which specifically states the governments legal verdict to suspend or disqualify the retail store based on the accusations previously mentioned. Like before, you have 10 days to protest this decision. If you don’t, then you’ll be stuck with the USDA decision. Once you hire our lawyers, we’ll file the legal papers to notify the USDA we are going to appeal their decision. We’ll collect necessary evidence, and our team will draft the necessary appeals briefs containing all of the case law, legal evidence, etc. which is necessary to fix the outcome.
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 federal 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 grocery store retailer, there are many laws have to obey in order to accept EBT. In most normal situations, many grocery store owners have no issues adhering to them. However, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant get electronic goods. As a retailer, if you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can result in severe fines. If it’s believed you did a major violation, then you may end up with either a permanent or temporary disqualification. In many situations, owners of grocery stores didn’t even know the violations are even happening. Often, dishonest employees who are misusing the SNAP program. It’s helpful to consult with a SNAP violation lawyer in order to make sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your grocery store, you only have 10 days to respond to the claims. Your failure to respond to the violations will permanently crush your store. In addition, the USDA will deliver a verdict even though you choose not to 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 can fight the decision of the USDA and appeal any decision. The penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully chooses to impose large fines to in order to curb future violations. The USDA will typically look to see if you have a compliance policy in place. The policy has to be in writing at the store and the policy must be when the violations were filed.
The store owner 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 typically also looks in order to check if the owners benefited in any way from the fraud, or were aware of the violation. If the managers were involved, it can lead to disqualification.
We highly recommend any grocery store owner that gets a 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