If you accept EBT at your grocery store, then it’s possible have been the recipient of a a letter of warning from the USDA. This notification is most likely a SNAP violation notice, which is stating you violated the SNAP program. The government will include proof to the SNAP violation letter, and it will have transactions that occurred at your store that the government claims is in violation of one or more genres of violations.
The first thing after you get a SNAP violation notice, you should contact our legal team. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the USDA will terminate/suspend your grocery store’s ability to take EBT.
About The Program
This program provides families with money each month. The SNAP program benefits are distributed to consumers through an EBT card. The benefits on the card cannot legally be used for general use, and they cannot be used for cash back transactions. The cards took over for food stamps in the 1990’s and the card is issued in the state where the consumer lives. This program is operated on a national level by the federal government.
This federal and it’s benefits are governed by the United States 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 legal violations occur when a store violates any of the rules below.
The store took part intrafficking SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or stealing the benefits.
The retail store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect info on the retail stores application to accept EBT benefits.
The grocery store took money for more coupons than sale of actual food over the same period.
The employees of the store have taken SNAP benefits from someone who isn’t allowed to use them.
How to defend your store against a SNAP violation
Spodek Law Group has experience managing SNAP violation letters. Our law firm can handle your SNAP violation process in all phases of a SNAP violation action.
The charging letter is the initial step taken by the USDA to remove your right to take EBT benefits. This comes with no warning can come at any time. The 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 may still believe that your store has violated the rules. If that happens, they’ll will definitely send a second letter which outlines the agencies decision to suspend or disqualify the grocery store based on the alleged violations. You have 10 days to appeal this. If you don’t, then you’ll be stuck with the USDA decision. Once you hire our law firm, we file the appeal and notify the government appeal the decision. Our lawyers collect necessary evidence, and we will draft draft the necessary appeals briefs which contains all of the case law, evidence, etc. which is needed to overturn the decision.
In the event the USDA refuses to change the legal decision, in the Administrative Review, we will file a Judicial review at the local Federal District Court. The Judicial Appeal is like a normal federal court case, where you’ll be able to do discovery, file motions, and have a trial. Our lawyers 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 retail 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 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 it’s believed you did a serious violation, then you might end up with either a permanent or temporary disqualification. In many situations, owners of grocery stores don’t know SNAP violations are even occurring. In many situations, it’s dishonest employees are misusing the SNAP EBT program. If you’re accused of a SNAP violation to discuss your case with a SNAP violation appeals lawyer in order to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is presented to your retail store, you have only ten days to respond to the violations. Your failure to respond to the allegations will permanently crush your store. If you don’t respond the USDA will make a verdict even if you don’t respond to the allegations. Without legal experience, you cannot defend your store. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers can discredit the decision 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 on purpose imposes huge fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. The policy has to be in writing and the policy must be when the allegations were filed.
The grocery store must has to be able to prove the above mentioned policy was in place before the charge, and was not drafted after the violation letter. The USDA will also look in order 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.
We highly recommend any store owner that receives a allegation 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