If you’re a retailer who accepts EBT at your retail store, then it’s possible have gotten a official notice from the USDA. This letter is probably a SNAP violation letter, which is claiming you violated the SNAP program. The government will include proof to the SNAP violation notice, which will contain records of transactions that occurred at your grocery store which the government is saying violates one or more genres of violations.
The first thing after you get a SNAP violation notice, you should speak to our 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 stores ability to accept EBT payments.
About The Program
This program helps families with funds to buy food each month. The SNAP program benefits are given through an EBT card. The SNAP benefits on the card cannot be used for general usage, and they can’t be used for cash back services. The cards took the place of food stamps in the 1990’s and the card is issued in the state which the SNAP participant lives. The SNAP program is run on a nationwide level by the government.
The federal and it’s parameters are governed 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 legal violations happen if and when a store violates any of the following rules.
The grocery store is accused ofthe trafficking of SNAP benefits. Examples of this is fraudulently accepting the benefits, or stealing the benefits.
The grocery store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect information on the grocery stores application to accept EBT benefits.
Your grocery store took money for more EBT food stamps than actual food sales at the same time.
The employees of the store took SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
Defending against a SNAP Violation Letter
Spodek Law Group has experience handling SNAP violation letters. Our team of attorneys can handle your SNAP violation process in all 3 phases of a SNAP action.
The charging letter is the first step taken by the USDA to take away your right to take EBT benefits. This letter may come with, or without, prior warnings can come at any time. The charging letter will contain allegations, but most letters will lay out violations, and have attached documents detailing the violations. You have only 10 days to respond. After you hire Spodek Law Group, we take into their hands 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 may still believe that your store has violated the rules. If this happens, the USDA will 100% issue another letter that outlines the agencies decision to suspend or disqualify the retail store based on the alleged violations. Like before, you have 10 days to protest the verdict. If you don’t, you’ll be unable to protest the USDA decision. After you hire our lawyers, we’ll file the appeal and notify them we are going to appeal their decision. We’ll collect necessary evidence, and our team will draft the necessary appeals briefs which contains all of the case law, legal evidence, etc. which is critical to change the outcome of the violations.
If the USDA refuses to overturn the binding decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal Court. This next phase is like a normal court case, where you’ll be able to do discovery, file motions, and have a trial. Our law firm can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there are many laws which you have to adhere to for EBT. In most normal situations, many grocery store owners don’t run into problems. However, USDA’s SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant get electronic goods. If, and when, you violate the laws, you’ll get a SNAP violation letter. Snap violation penalties can result in severe fines. If it’s believed you did a major violation, then you might end up with a temporary or permanent disqualification. In most cases, owners of grocery stores didn’t even know the violations were even happening. In many situations, unethical 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 presented to your grocery store, you have only ten days to respond to the allegations. Your failure to respond to the violations will permanently crush your store. If you don’t respond the USDA will generate a verdict even if you don’t respond to the allegations. In the absence of a SNAP violation attorney, 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 will challenge the findings of the USDA and appeal any decision. The fines imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose does huge 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 has to be in writing at the store and the policy must be when the allegations were filed.
The retailer must be able to prove the compliance policy was in place before the charge, and was not drafted after the violation letter. The USDA will also look to check if the owners benefited from the violations, or were aware of the violation. If the managers were involved, it can lead to disqualification.
We highly recommend any store owner that gets a 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