If you’re a retailer who accepts EBT at your grocery store, then it’s possible have been the recipient of a a letter of warning from the USDA. This letter is most likely a SNAP violation notice, which is claiming you have violated the SNAP program. The USDA will include proof to the SNAP violation letter, which will contain transactions that happened at your store that the USDA is saying violates one or more categories of violations.
After you get a SNAP violation letter, you should speak to our 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 privilege to accept EBT.
About The SNAP Program
The SNAP program provides families with funds to buy food each month. These benefits are distributed with an EBT card. The benefits on this card are not for general use, and they can’t be used for fraudulent cash back services. The cards took over for food stamps in the 1990’s and the card is issued by each state individually where the consumer lives. The program is operated on a national level by the government.
The SNAP federal and it’s parameters 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 does it mean to have a SNAP violation
SNAP legal violations happen when a retail store is in violation of the rules below.
The grocery store is accused ofthe trafficking of SNAP benefits. Examples of this is fraudulently accepting benefits, or theft of the benefits.
Your retail store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect information on the store’s application to accept EBT benefits.
The store redeemed more coupons than sale of actual food during the same period.
Your employees took SNAP benefits from someone who isn’t allowed to use them.
Defending against a SNAP Violation Letter
Spodek Law Group has immense experience managing 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 initial step taken by the USDA to remove your right to take EBT benefits. This comes with, or without, prior warnings and can happen at any time. The SNAP violation letter will have allegations in it, but most of them will lay out violations, and have attached documents detailing the violations. You have only 10 days to respond. After you hire our law firm, we 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 believe that a violation has occurred. If that happens, the USDA will issue another letter which outlines the governments decision to suspend or disqualify the grocery store based on the allegations set forth. Like before, you have 10 days to protest this verdict. If you choose not to, you’ll be stuck with the USDA decision. Once you hire our firm, we file the necessary paperwork and notify the USDA appeal the decision. We’ll gather necessary evidence, and our team will draft the necessary appeals briefs containing all of the legal laws, evidence, etc. which is needed to fix the outcome.
In the event the USDA refuses to change the decision, in the Administrative Review, we’ll 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. Our attorneys can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there are many laws which you have to adhere to for EBT. In most cases, many retail store owners have no issues adhering to them. However, USDA’s SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, people getting SNAP benefits cant purchase electronic goods. As a retailer, if you violate the laws, you should expect getting a SNAP violation letter. Penalties of violating SNAP can result in severe and business crushing penalties. If it’s believed you did a major SNAP violation, then you may end up with either a permanent or temporary disqualification. In many situations, owners of grocery stores don’t even know SNAP violations were even occurring. Often, dishonest employees who are misusing the SNAP program. It’s helpful to discuss your case with a SNAP violation lawyer to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is delivered to your retail store, you only have ten days to respond to the violations. Failure to respond will permanently harm your store. In addition, the USDA will deliver 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 lawyers will fight the decision of the USDA and fight any decision. The fines imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully imposes large fines to in order to curb future violations. The USDA will typically look to see if you have a compliance policy in place. It has to be in writing at the store and the policy must be at the time the violations were filed.
The grocery store also has to be able to prove the compliance policy was in place before the charge, and was not drafted after the violation letter. The USDA typically also looks to see if the retail 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.
We highly recommend any owner that gets a 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