If you accept EBT at your retail store, then may have gotten a official notice from the USDA. This letter is probably a SNAP violation letter, which is alleging you violated the SNAP program. The government will include proof to the SNAP violation notice, and it will contain transactions which occurred at your 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 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 accept EBT.
About The Program
This program helps families with get food each month. The SNAP program benefits are distributed to consumers with an EBT card. The SNAP benefits on the EBT card cannot be used for general usage, and they cannot be used for cash back services. The EBT cards took the place of food stamps in the 1990’s and are issued by each state individually which the SNAP participant lives. The SNAP program is operated on a nationwide level by the government.
This program 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 does it mean to have a SNAP violation
SNAP legal violations happen if and when a store is in violation of the rules below.
The store is accused oftrafficking SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or theft of the benefits.
The retail store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect information on the store’s application to accept EBT benefits.
Your store took money for more coupons than sale of actual food at the same time.
Your employees 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 managing SNAP appeals letters. We can handle your SNAP Violation appeal in all 3 phases of a SNAP Violation action.
Sending the letter is the first step which is going to be taken by USDA to remove your right to take EBT benefits. The letter can come with, or without, prior warnings and can appear at any time. The violation letter will have allegations in it, but most of them will mention 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, our lawyers take into their hands 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 feel that a violation has occurred. If that happens, they’ll will definitely send another letter which specifically states the governments legal verdict to suspend or disqualify the store based on the allegations set forth. You have 10 days to appeal this. If you choose not to, you’ll be stuck with the USDA decision. Once you hire our firm, we file the necessary paperwork and notify them appeal the decision. Our lawyers gather necessary evidence, and we will draft draft an appellate brief containing all of the case law, evidence, etc. which is critical to overturn the decision.
In the event the USDA refuses to overturn the legal decision, in the Administrative Review, we’ll file a Judicial review at the local Federal Court. This next phase is like a normal 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 have to obey in order to accept EBT. In most normal situations, many grocery store owners have no issues adhering to them. 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 get electronic goods. If, and when, 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 a temporary or permanent disqualification. In most cases, owners of grocery stores didn’t know SNAP violations are even happening. In many situations, it’s dishonest employees who are misusing the SNAP program. If you’re accused of a SNAP violation to discuss your case with a SNAP violation appeals lawyer in order to make sure you don’t have your benefits revoked.
When a charge letter is sent to your store, you have only 10 days to respond to the claims. Your failure to respond will permanently harm your store. If you don’t respond the USDA will deliver a verdict even though 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 the ability to fight for your rights. Our lawyers will challenge the findings of the USDA and appeal any penalties. The financial penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully imposes huge fines to curb violations. The USDA look to see if you have a store compliance policy. The policy has to be in writing at the store and the policy must be at the time the allegations were filed.
The grocery store also be able to prove the compliance 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 in any way from the fraud, or if the business owners were aware of the fraud. Any involvement of the management can lead to disqualification.
It’s highly recommended any 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