If you accept EBT at your grocery store, then you might have received a official warning from the USDA. This notification is most likely a SNAP violation notice, which is claiming you have violated the SNAP program. The USDA will include proof to the SNAP violation notice, and it will have records of transactions that happened at your retail store which the USDA claims is in violation of one or more categories of violations.
After you get a SNAP violation letter, you should definitely contact our law firm. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the government will terminate/suspend your grocery store’s ability to accept EBT.
About The Program
The SNAP program helps families with a certain amount of money each month. The SNAP program benefits are distributed through an EBT card. The SNAP benefits on the EBT card cannot be used for general use, and they cannot be used for cash back services. The cards took over for food stamps in the 1990’s and are issued in the state where the recipient lives. This program is run on a national level by the government.
This government and it’s benefits 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 occur when a retail store violates any of the rules below.
The store took part intrafficking SNAP benefits. This can mean fraudulently accepting 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 information on the retail stores application to accept EBT benefits.
Your store took money for more EBT food stamps than sale of actual food at the same time.
The employees of the store took 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 immense experience handling SNAP violations letters. We can handle your SNAP Violation appeal in all 3 phases of a SNAP action.
Sending the violation letter is the first step taken by the USDA to remove your right to take EBT benefits. The letter can come with no warning and can appear at any time. The SNAP violation letter will have allegations in it, but most of them will detail serious allegations, with an attachment of details. You have only 10 days to respond. 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.
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, they’ll will 100% issue another letter that specifically states the agencies legal verdict to suspend or disqualify the store based on the allegations set forth. Like before, you have 10 days to protest the decision. If you choose not to, then you’ll be stuck with the USDA decision. Once you hire our firm, we file the appeal to notify them we are going to appeal their decision. We’ll collect necessary evidence, and our team will 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 legal decision, in the Administrative Review, we’ll file a Judicial review at the local Federal District Court. The Judicial Appeal is like a normal 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 are many laws you have to adhere to for EBT. In most normal situations, many retail store owners don’t run into problems. However, USDA’s SNAP program 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 purchase electronic goods. As a retailer, if you violate the laws, you’ll get a SNAP violation letter. Penalties of violating SNAP can result in fines, and penalties. If it’s believed you did a serious violation, then you may end up with either a permanent or temporary disqualification. In most cases, owners of grocery stores don’t know SNAP violations are even happening. Often, unethical employees are misusing the SNAP EBT program. If you’re accused of a SNAP violation to discuss your case with a SNAP violation attorney in order to make 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 allegations. 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. Without legal experience, you won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers can discredit the findings of the USDA and appeal any penalties. The financial penalties 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. The policy must be in writing at the store and in effect at the time the allegations were filed.
The retailer must be able to prove the above mentioned policy was in existence before the allegations, and was not drafted after the violation letter. The USDA typically also looks to check if the grocery store owners benefited from the violations, or were aware of the violation. Any involvement of the management can lead to disqualification.
It’s highly recommended any store 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