If you’re a retailer who accepts EBT at your grocery store, then may have received a notice from the USDA. This letter is probably a SNAP violation letter, which is claiming you are in violation of the SNAP program. The USDA will attach a number of pages to the SNAP violation notice, which will contain transactions which happened at your retail store that the government is saying is in violation of one or more groups of violations.
After you get a SNAP violation notice, you must contact our law firm. Remember, you have only ten days to respond to the letter. If you don’t respond, the USDA will suspend your stores ability to accept EBT payments.
About The SNAP Program
The SNAP program helps families with get food each month. The SNAP program benefits are given via an EBT card. The funds on this card cannot legally be used for general use, and they can’t be used for fraudulent cash back services. The EBT cards took over for food stamps in the 1990’s and are issued in the state which the SNAP participant lives. The SNAP program is operated on a national level by the government.
The federal and it’s benefits are governed 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 occur when a grocery store is in violation of the rules below.
The retail store is accused ofthe trafficking of SNAP benefits. This can mean fraudulently accepting benefits, or theft of the benefits.
Your retail store took SNAP benefits 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 redeemed more EBT food stamps than sale of actual food during the same period.
The employees of the store accepted SNAP benefits from someone who isn’t eligible to use the benefits.
How to defend your store against a SNAP violation
Spodek Law Group has immense experience handling SNAP violations letters. Our team of attorneys can handle your SNAP Violation appeal in all 3 phases of a SNAP Violation action.
Sending the violation letter is the first step which is taken by the USDA USDA to remove your right to take EBT benefits. This comes with no warning can come at any time. The charging letter will have allegations in it, but most of them will outline serious allegations, have evidence attached proving the violations. You have only 10 days to respond. 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 notice of violation, the USDA may still feel that your store has violated the rules. If that happens, they’ll will definitely send a second letter which outlines the governments decision to suspend or disqualify the store based on the alleged violations. You have 10 days to appeal this. If you choose not to, you’ll be stuck with the USDA decision. Once you hire our lawyers, we file the legal papers and notify the government appeal the decision. Our lawyers gather necessary evidence, and our team will generate an appellate brief containing all of the case law, evidence, etc. which is needed to fix the outcome.
If the USDA refuses to overturn the violation claim, in the Administrative Review, we will file a Judicial review at the local Federal Court. The Judicial Appeal 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’s a lot of rules and regulations have to obey in order to accept EBT. In most cases, many grocery store owners have no problems adhering to them. However, the 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 should expect getting a SNAP violation letter. Penalties of violating SNAP can result in severe fines. If it’s believed you did a serious violation, then you might end up with either a permanent or temporary disqualification. In many situations, store owners didn’t know SNAP violations are even happening. In many situations, unethical employees are misusing the SNAP program. It’s helpful to consult with a SNAP violation attorney to ensure sure you don’t have your benefits revoked.
When a charge letter is delivered to your store, you only have ten days to respond to the violations. Failure to respond to the allegations 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. In the absence of a SNAP violation attorney, you cannot defend your store. Hiring a SNAP violation lawyer gives you a fighting change. Our lawyers can discredit the decision of the USDA and fight any decision. The penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose chooses to impose large fines to in order to curb future 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 grocery store also 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 in order to see if the owners benefited in any way from the fraud, or if the owners were aware of the fraud. Any involvement of the management can lead to disqualification.
We highly recommend any store owner that gets a violation letter speak to 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