If you accept EBT at your retail store, then it’s possible have received a official notice from the USDA. This letter is most likely a SNAP violation letter, which is claiming you have violated the SNAP program. The government will include proof to the SNAP violation letter, which will contain records of transactions that happened at your grocery store that the USDA claims is in violation of one or more categories of violations.
The first thing after you get a SNAP violation letter, you should contact our legal team. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the government will terminate/suspend your grocery store’s ability to accept EBT.
About The Program
This program helps families with money each month. These benefits are distributed via an EBT card. The benefits on this card are not for general use, and they cannot be used for fraudulent cash back transactions. The cards took the place of food stamps in the 1990’s and the card is issued by each state individually where the recipient lives. This program is run on a national level by the federal government.
This program 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’s a SNAP Violation
Snap violations occur if and when a grocery store is in violation of the following rules.
The store was involved intrafficking SNAP benefits. This can mean fraudulently accepting benefits, or theft of the benefits.
The grocery store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect information on your retail stores application to accept EBT benefits.
The store took money for 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 allowed to use them.
Defending against a SNAP Violation Letter
Spodek Law Group has experience handling SNAP violations letters. Our team of attorneys can handle your SNAP Violation appeal in all phases of a SNAP violation action.
The charging letter is the first step which is going to be taken by USDA to take away your EBT license. This comes with no warning and can happen at any time. The SNAP violation letter has a variety of allegations, but most letters will mention serious allegations, with an attachment of details. You have only 10 days to respond. Once you hire our law firm, we handle 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 might still feel that a violation has occurred. If that happens, the USDA will 100% issue a second letter which specifically states their decision to suspend or disqualify the retail store based on the alleged violations. Like before, you have ten days to protest the verdict. If you choose not to, then you’ll be unable to protest the USDA decision. After you hire our lawyers, we’ll file the necessary paperwork to notify them appeal the decision. We’ll gather necessary evidence, and our team will generate an appellate brief which contains all of the legal laws, evidence, etc. which is necessary to fix the outcome.
In the event the USDA refuses to overturn the legal decision, in the Administrative Review, we will file a Judicial review at the local Federal District Court. This next phase is like a normal federal court case, where you’ll be able to do discovery, file motions, and have a trial. We can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there are many laws you have to adhere to for EBT. In most normal situations, many grocery store owners don’t run into problems. 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, people getting SNAP benefits cant purchase electronic goods. If, and when, you violate the laws, you’ll probably get a SNAP violation letter. Penalties of violating SNAP can include fines and penalties. If you conduct 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 were even occurring. Often, dishonest employees who are misusing the SNAP EBT program. If you’re accused of a SNAP violation to speak with a SNAP violation lawyer in order to make sure you don’t have your benefits revoked.
When a charge letter is sent to your grocery store, you only have ten days to respond to the allegations. Your failure to respond to the allegations will permanently harm your store. In addition, the USDA will make a verdict even though you choose not to respond to the allegations. Without legal experience, you cannot defend your store. Hiring a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers will fight the findings of the USDA and appeal any decision. The financial penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose does large fines to curb violations. The USDA will look to see if you have a store compliance policy in place. The policy must be in writing and in effect when the violations were filed.
The grocery store must has to be able to prove the compliance policy was in existence before the allegations, and was not drafted after the violation letter. The USDA typically also looks in order to check if the grocery store owners benefited from the violations, or if the owners were aware of the fraud. If the management was involved it can lead to disqualification.
It’s highly recommended any store that gets a allegation 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