If you accept EBT at your retail store, then it’s possible have received a letter of warning from the USDA. The letter is most likely a SNAP violation notice, which is claiming you have violated the SNAP program. The USDA will attach a number of pages to the SNAP violation notice, and it will contain transactions that happened at your grocery store which the USDA claims violates one or more groups of violations.
The first thing after you get a SNAP violation notice, you should contact our law firm. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the USDA will suspend your stores privilege to take EBT.
About The Program
This program helps families with a certain amount of money each month. The SNAP program benefits are distributed to consumers with an EBT card. The benefits on this card aren’t for general usage, and they cannot be used for cash back services. 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. The SNAP program is run on a national level by the federal government.
This 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 counts as a SNAP violation
SNAP legal violations happen when a grocery store violates any of the rules below.
The store is accused oftrafficking SNAP benefits. This can mean fraudulently accepting benefits, or theft of the benefits.
Your retail store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false info on the store’s application to accept EBT benefits.
The grocery store redeemed more coupons than sale of actual food at the same time.
The employees of the store accepted SNAP benefits from someone who isn’t allowed to use them.
How we can help defend you against a SNAP violation notice
Spodek Law Group has immense experience handling SNAP violations letters. Our team of attorneys can handle your SNAP violation process in all phases of a SNAP violation action.
Sending the letter is the first step taken by the USDA to remove your right to take EBT benefits. This comes with no warning and can appear at any time. The charging letter has a variety of allegations, but most letters will lay out violations, have evidence attached proving the violations. Your response to the SNAP violation letter is due within 10 days. After 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.
Once the USDA reviews your answer to the notice of violation, the USDA may still decide that your store has violated the rules. If that happens, they’ll will 100% issue a second letter that outlines the agencies decision to suspend or disqualify the retail store based on the accusations previously mentioned. 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’ll file the legal papers to notify them we are going to appeal their decision. Our lawyers gather necessary evidence, and we will draft draft an appellate brief containing all of the case law, legal evidence, etc. which is critical to fix the outcome.
If the USDA refuses to change 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 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 grocery store retailer, there are many laws have to obey in order to accept EBT. In most normal situations, many retail store owners don’t run into problems. However, the SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, people getting SNAP benefits cant buy electronic goods. If you violate the laws, you’ll probably get a SNAP violation letter. Penalties of violating SNAP can result in severe and business crushing penalties. If it’s believed you did a serious SNAP violation, then you may end up with a temporary or permanent disqualification. In most cases, owners of grocery stores didn’t 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 charge letter is sent to your store, you only have ten days to respond to the violations. Failure to respond to the allegations will permanently crush your store. In addition, the USDA will make a verdict even if you choose not to respond to the allegations. In the absence of a SNAP violation attorney, you cannot defend your store. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers can fight the decision of the USDA and fight any decision. The fines imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully chooses to impose large fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. The policy must be in writing and in effect when the violations were filed.
The retailer also has to 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 check if the grocery store owners benefited from the violations, or were aware of the violation. Any involvement of the management can lead to disqualification.
It’s highly recommended any owner that gets a 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