If you’re a retailer who accepts EBT at your retail store, then it’s possible have been the recipient of a a letter of warning from the USDA. The notification is probably a SNAP violation letter, which is stating you have violated the SNAP program. The USDA will attach a number of pages to the SNAP violation letter, and it will have records of transactions which occurred at your grocery store which the government is saying is in violation of one or more groups of violations.
The first thing after you get a SNAP violation notice, you must speak to our 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 stores privilege to accept EBT payments.
About The Program
This program provides families with get food each month. These benefits are distributed to consumers via an EBT card. The benefits on the EBT card aren’t for general usage, and they cannot be used for fraudulent cash back services. The EBT cards took the place of food stamps in the 1990’s and are issued by each state individually where the recipient lives. The SNAP program is operated on a national level by the federal government.
This federal 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 counts as a SNAP violation
Snap violations happen if and when a grocery store is in violation of the rules below.
The store was involved intrafficking SNAP benefits. Examples of this is fraudulently accepting benefits, or theft of the benefits.
Your retail store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect info on the store’s application to accept EBT benefits.
The grocery store redeemed more EBT food stamps than sale of actual food over the same period.
Your employees 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
Spodek Law Group has experience managing SNAP violation letters. We can handle your SNAP Violation appeal in all phases of a SNAP action.
The charging letter is the initial step taken by the USDA to remove your EBT license. This comes with no warning and can happen at any time. The charging letter contain details about alleged violations, but most letters will outline serious allegations, with an attachment of details. Your response to the SNAP violation letter is due within 10 days. After you hire our law firm, our lawyers 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 a second letter that specifically states their decision to suspend or disqualify the grocery store based on the allegations set forth. Like before, you have 10 days to appeal this decision. If you don’t, you’ll be stuck with the USDA decision. Once you hire our lawyers, our team the appeal to notify the government appeal the decision. We’ll collect necessary evidence, and our team will generate the necessary appeals briefs containing all of the legal laws, evidence, etc. which is needed to overturn the decision.
In the event the USDA refuses to overturn the violation claim, in the Administrative Review, we’ll 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. Our lawyers 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 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, people getting SNAP benefits cant get electronic goods. If 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 major violation, then you may end up with a temporary or permanent disqualification. In most cases, store owners didn’t even know the violations were even happening. In many situations, dishonest employees who are misusing the SNAP program. If you’re accused of a SNAP violation to discuss your case with a SNAP violation lawyer to make sure you don’t have your benefits revoked.
When a charge letter is sent to your store, you only have 10 days to respond to the claims by the USDA. Failure to respond to the allegations will permanently crush your store. In addition, the USDA will make a verdict even if you choose not to respond to the allegations. In the absence of a SNAP violation attorney, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers will discredit the findings 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 purposefully does huge fines to curb violations. The USDA look to see if you have a store compliance policy. The policy has to be in writing and the policy must be at the time the violations were filed.
The store owner also be able to prove the above mentioned policy was in place before the charge, and was not drafted after the violation letter. The USDA typically also looks to see if the grocery store owners benefited from the violations, or if the business owners were aware of the fraud. Any involvement of the management can lead to disqualification.
It’s highly recommended any grocery 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