If you’re a retailer who accepts EBT at your grocery store, then you might have received a letter from the USDA. The notice is probably a SNAP violation letter, which is stating you have violated the SNAP program. The government will include proof to the SNAP violation notice, and it will contain transactions that occurred at your store which the USDA is saying violates one or more categories of violations.
After you get a SNAP violation notice, you must speak to our our law firm. Remember, you have only ten days to respond to the letter. If you don’t respond, the government will terminate/suspend your stores privilege to accept EBT payments.
About The Program
This program helps families with a certain amount of money each month. The SNAP program benefits are distributed through an EBT card. The benefits on the EBT card are not for general usage, and they can’t be used for fraudulent cash back services. The EBT cards took the place of food stamps in the 1990’s and are issued by each state individually where the recipient lives. This program is operated on a nationwide level by the federal government.
The SNAP program and it’s parameters 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 legal violations happen if and when a grocery store is in violation of the following rules.
The grocery store took part intrafficking SNAP benefits. Examples of this is fraudulently accepting the benefits, or theft of the benefits.
Your retail store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect info on your store’s application to accept EBT benefits.
The grocery store took money for more coupons than actual food sales at the same time.
Your employees took SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
Defending against a SNAP Violation Letter
Spodek Law Group has experience handling SNAP violation letters. Our law firm 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 remove your right to take EBT benefits. This comes with, or without, prior warnings and can appear at any time. The SNAP violation letter contain details about alleged violations, but most of them will outline serious allegations, and have attached documents detailing the violations. Your response to the SNAP violation letter is due within 10 days. Once 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 a violation has occurred. If that happens, they’ll will definitely send a second letter that specifically states the governments legal verdict to suspend or disqualify the store based on the alleged violations. Like before, you have ten days to appeal the decision. If you choose not to, you’ll be stuck with the USDA decision. After you hire our firm, we file the necessary paperwork and 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 legal laws, evidence, etc. which is needed to overturn the decision.
In the event the USDA refuses to change the violation claim, in the Administrative Review, our lawyers will file a Judicial review at the local Federal Court. This next phase is like a normal 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’s a lot of rules and regulations have to obey in order to accept EBT. In most cases, many retail store owners don’t run into problems. However, SNAP 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. If, and when, you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can include fines and penalties. If you conduct a serious violation, then you might end up with a temporary or permanent disqualification. In many situations, owners of grocery stores didn’t even know the violations are even happening. In many situations, dishonest employees who are misusing the SNAP EBT program. If you’re accused of a SNAP violation to consult with a SNAP violation appeals lawyer to ensure sure you don’t have your benefits revoked.
When a charge letter is delivered to your store, you only have ten days to respond to the violations. Your failure to respond to the allegations 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 won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers can fight the decision of the USDA and fight any decision. The penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose imposes large fines to curb violations. The USDA will look to see if you have a store compliance policy in place. The policy has to be in writing at the store and the policy must be at the time the violations were filed.
The grocery store also be able to prove the above mentioned policy was in existence before the allegations, and was not drafted after the violation letter. The USDA typically also looks 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.
We highly recommend any owner that receives a violation 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.
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