If you’re a retailer who accepts EBT at your retail store, then you might have received a letter of warning from the USDA. This notice is probably a SNAP violation letter, which is claiming you have violated the SNAP program. The USDA will attach a number of pages to the SNAP violation letter, which will contain transactions which happened at your retail store which the government is saying violates one or more genres of violations.
After you get a SNAP violation letter, you must speak to our our law firm. Remember, you have only ten days to respond to the letter. If you don’t respond, the USDA will suspend your grocery store’s ability to take EBT.
About The Program
This program helps families with money each month. The SNAP program benefits are distributed to consumers with an EBT card. The SNAP benefits on this card are not for general use, and they cannot be used for cash back transactions. The EBT cards took the place of food stamps in the 1990’s and the card is issued by each state individually where the recipient lives. The program is run on a nationwide level by the government.
The 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 does it mean to have a SNAP violation
Snap violations occur if and when a store is in violation of the rules below.
The grocery store was involved intrafficking SNAP benefits. This can mean fraudulently accepting taking the benefits, or theft of the benefits.
The grocery store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect information on your store’s application to accept EBT benefits.
The grocery store took money for more coupons than sale of actual food at the same time.
Your employees took SNAP benefits from someone who shouldn’t be allowed to use the benefits.
How to defend your store against a SNAP violation
Our law firm has experience managing SNAP violation letters. Our team of attorneys can handle your SNAP Violation appeal in all phases of a SNAP violation action.
Sending the letter is the first step taken by the USDA to take away your EBT license. This comes with no warning can come at any time. The SNAP violation letter will contain allegations, but most of them will lay out serious allegations, with an attachment of details. You have only 10 days to respond. After you hire Spodek Law Group, 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 notice of violation, the USDA might still decide that your store has violated the rules. If this happens, the USDA will issue another letter that specifically states the agencies legal verdict to suspend or disqualify the store based on the alleged violations. You have 10 days to appeal this. If you choose not to, then you’ll be stuck with the USDA decision. Once you hire our firm, we’ll file the necessary paperwork and notify the USDA appeal the decision. We’ll gather necessary evidence, and our team will generate an appellate brief containing all of the legal laws, legal evidence, etc. which is necessary to change the outcome of the violations.
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 District Court. This process is like a normal court case, where you’ll be able to do 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 are many laws you have to adhere to for EBT. In most normal situations, many retail store owners don’t run into problems. However, the SNAP program 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 get a SNAP violation letter. Penalties of violating SNAP can result in severe fines. If you conduct a serious violation, then you might end up with a temporary or permanent disqualification. In many situations, 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 ensure sure you don’t have your benefits revoked.
When a charge letter is presented to your store, you only have ten days to respond to the claims by the USDA. Failure to respond to the allegations will permanently crush your store. If you don’t respond 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 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 challenge the decision of the USDA and fight any penalties. The penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose does huge fines to curb violations. The USDA will look to see if you have a store compliance policy in place. It must be in writing and the policy must be when the violations were filed.
The retailer must be able to prove the compliance 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 retail store owners benefited in any way from the fraud, or if the business owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
It’s highly recommended any owner that gets a violation 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