If you accept EBT at your grocery store, then it’s possible have been the recipient of a a letter from the USDA. The notice is probably a SNAP violation notice, which is stating you are in violation of the SNAP program. The government will include proof to the SNAP violation notice, and it will have transactions that occurred at your store which the government claims violates one or more categories of violations.
The first thing after you get a SNAP violation letter, you should contact our law firm. Remember, you have only ten days to respond to the letter. If you choose to ignore, the USDA will suspend your stores privilege to accept EBT.
About The SNAP Program
The SNAP program provides families with money each month. The SNAP program benefits are given through an EBT card. The SNAP benefits on the card aren’t for general use, and they cannot be used for cash back transactions. The cards took over for food stamps in the 1990’s and the card is issued by each state individually which the SNAP participant lives. The program is operated on a national level by the federal government.
This program and the benefits that come with it are governed by the US 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 violations occur when a store violates any of the rules below.
The store was involved intrafficking SNAP benefits. This can mean fraudulently accepting the benefits, or theft of the benefits.
Your grocery store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect info on your grocery stores application to accept EBT benefits.
Your store redeemed more coupons than food sales at the same time.
The employees of the store accepted 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 process in all phases of a SNAP violation action.
The charging letter is the initial step taken by the USDA to take away your EBT license. The letter can come with, or without, prior warnings can come at any time. The charging 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. 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 your store has violated the rules. If that happens, they’ll will 100% issue another letter which specifically states the governments decision to suspend or disqualify the store based on the accusations previously mentioned. Like before, you have 10 days to appeal the verdict. If you choose not to, then you’ll be unable to protest the USDA decision. Once you hire our firm, we file the legal papers and notify them appeal the decision. We’ll collect necessary evidence, and our team will draft an appellate brief containing all of the case law, legal evidence, etc. which is critical to change the outcome of the violations.
In the event the USDA refuses to overturn the decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal District Court. This next phase is like a normal case, where you’ll be able to do discovery, file motions, and have a trial. Our law firm can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there are many laws which you have to adhere to for EBT. In most normal situations, many grocery 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 limitations. For example, SNAP recipients cant buy electronic goods. If you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can result in severe and business crushing penalties. If it’s believed you did a serious violation, then you might end up with either a permanent or temporary disqualification. In many situations, store owners don’t even know SNAP violations were even happening. In many situations, unethical employees who are misusing the SNAP program. If you’re accused of a SNAP violation to discuss your case with a SNAP violation lawyer to make sure you don’t have your benefits revoked.
When a SNAP violation letter is delivered to your grocery store, you only have ten days to respond to the claims by the USDA. Your failure to respond to the allegations will permanently harm your store. If you don’t respond the USDA will deliver a verdict even though you don’t 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 SNAP appeals lawyers can fight the decision of the USDA and appeal any decision. The fines imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully chooses to impose huge fines to curb violations. The USDA look to see if you have a store compliance policy. The policy must be in writing and the policy must be at the time the violations were filed.
The retailer also be able to prove the above mentioned policy was in place before the charge, and was not drafted after the violation letter. The USDA typically also looks in order to see if the owners benefited in any way from the fraud, or were aware of the violation. If the managers were involved, it can lead to disqualification.
We highly recommend any owner that receives a violation letter consult 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