If you’re a retailer who accepts EBT at your retail store, then you might have gotten a official warning from the USDA. The notification is probably a SNAP violation letter, which is claiming you have violated the SNAP program. The USDA will include proof to the SNAP violation letter, which will contain records of transactions that occurred at your retail store which the USDA is saying violates one or more groups 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 USDA will terminate/suspend your stores privilege to take EBT.
About The SNAP Program
The SNAP program provides families with money each month. These benefits are given via an EBT card. The SNAP benefits on this card aren’t for general usage, and they cannot be used for fraudulent cash back services. The EBT cards took over for food stamps in the 1990’s and are issued in the state which the SNAP participant lives. The SNAP program is operated on a national level by the federal government.
The SNAP federal and it’s benefits are governed by the US 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 occur when a retail store is in violation of the rules below.
The store was involved intrafficking SNAP benefits. Examples of this is fraudulently accepting benefits, or stealing the benefits.
Your grocery store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false information on your grocery stores application to accept EBT benefits.
The store took money for more EBT food stamps than sale of actual food during the same period.
Your employees have taken SNAP benefits from someone who isn’t eligible to use the benefits.
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.
Sending the violation 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 charging letter has a variety of 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 violation letter, the USDA might still believe that a violation has occurred. If this happens, they’ll will definitely send a second letter which specifically states the agencies decision to suspend or disqualify the grocery store based on the allegations set forth. Like before, you have ten days to appeal this decision. If you don’t, then you’ll be unable to protest the USDA decision. After you hire our lawyers, we file the legal papers to notify them appeal the 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 necessary to change the outcome of the violations.
In the event the USDA refuses to overturn the binding decision, in the Administrative Review, we 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 are many laws have to obey in order to accept EBT. In most cases, many retail store owners have no problems adhering to them. However, USDA’s 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 get electronic goods. As a retailer, if you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can result in severe fines. If it’s believed you did a serious SNAP violation, then you may end up with either a permanent or temporary disqualification. In most cases, store owners don’t even know the violations were even happening. In many situations, it’s dishonest employees who are misusing the SNAP EBT program. If you’re accused of a SNAP violation to discuss your case with a SNAP violation appeals lawyer to make sure you don’t have your benefits revoked.
When a charge letter is presented to your grocery store, you only have ten days to respond to the claims by the USDA. Failure to respond to the violations will permanently crush your store. In addition, the USDA will generate 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. Hiring a SNAP violation lawyer gives you a fighting change. Our lawyers can challenge the findings of the USDA and fight any penalties. The fines imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully does huge fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. It must be in writing and in effect at the time the allegations were filed.
The store owner must has to be able to prove the compliance policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA typically also looks in order to see if the retail store owners benefited from the violations, or if the owners were aware of the fraud. Any involvement of the management can lead to disqualification.
It’s highly recommended any store that gets a allegation letter consult 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.
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