If you accept EBT at your grocery store, then it’s possible have gotten a notice from the USDA. This letter is probably a SNAP violation letter, which is stating you have violated the SNAP program. The USDA will attach a number of pages to the SNAP violation notice, which will have transactions which occurred at your retail store that the government is saying is in violation of one or more categories of violations.
The first thing after you get a SNAP violation letter, you must contact our legal team. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the government will suspend your grocery store’s ability to take EBT.
About The Program
This program helps families with funds to buy food each month. The SNAP program benefits are distributed through an EBT card. The benefits on this card cannot be used for general use, and they cannot be used for fraudulent cash back services. The cards took the place of food stamps in the 1990’s and the card is issued in the state where the recipient lives. The program is run on a nationwide level by the government.
The SNAP federal and it’s benefits are under handled by the United States 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 violations happen when a retail store violates any of the rules below.
The grocery store is accused oftrafficking SNAP benefits. Examples of this is fraudulently accepting benefits, or stealing the benefits.
The grocery store took 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 store redeemed more EBT food stamps than food sales during the same period.
The employees of the store took 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 experience managing SNAP appeals letters. Our law firm can handle your SNAP Violation appeal in all 3 phases of a SNAP Violation action.
The charging letter is the first step which is taken by the USDA USDA to take away your right to take EBT benefits. This comes with no warning can come at any time. The violation letter will have allegations in it, but most of them will mention serious allegations, with an attachment of details. You have only 10 days to respond. After you hire our law firm, 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 this happens, they’ll will issue another letter which outlines the governments decision to suspend or disqualify the retail store based on the allegations set forth. Like before, you have ten days to appeal the verdict. If you choose not to, then you’ll be stuck with the USDA decision. After you hire our lawyers, we file the legal papers and notify the USDA we are going to appeal their decision. We’ll collect necessary evidence, and we will draft draft the necessary appeals briefs which contains all of the legal laws, evidence, etc. which is needed to fix the outcome.
In the event the USDA refuses to override the binding decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal District Court. This process is like a normal case, where you’ll have to do standard processes like 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 normal situations, many grocery store owners don’t run into problems. However, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant purchase electronic goods. If, and when, you violate the laws, you’ll get a SNAP violation letter. Penalties of violating SNAP can result in severe fines. If you conduct a major violation, then you may end up with a temporary or permanent disqualification. In most cases, store owners don’t know SNAP violations were even happening. Often, unethical employees are misusing the SNAP program. If you’re accused of a SNAP violation to consult with a SNAP violation attorney to make sure you don’t have your benefits revoked.
When a charge letter is presented to your retail store, you only have 10 days to respond to the claims. Your failure to respond will permanently crush your store. In addition, the USDA will make a verdict even though you choose not to respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers will discredit the findings of the USDA and fight any decision. The financial penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully imposes large fines to curb violations. The USDA look to see if you have a store compliance policy. It must be in writing and in effect at the time the allegations were filed.
The grocery store must has to be able to prove the above mentioned policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA will also look to check 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. 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