If you’re a retailer who accepts EBT at your grocery store, then you might have gotten a official notice from the USDA. This notice is probably a SNAP violation letter, which is stating you violated the SNAP program. The USDA will include proof to the SNAP violation letter, and it will contain records of transactions that occurred at your store that the USDA claims violates one or more genres of violations.
After you get a SNAP violation notice, you should speak to our our law firm. Remember, you have only ten days to respond to the letter. If you choose to ignore, the USDA will terminate/suspend your grocery store’s ability to accept EBT payments.
About The Program
The SNAP program provides families with funds to buy food each month. These benefits are given through an EBT card. The benefits on the EBT card cannot legally be used for general usage, and they cannot be used for fraudulent cash back services. The EBT cards took the place of food stamps in the 1990’s and the card is issued in the state where the consumer lives. This program is run on a national level by the government.
This program and it’s benefits 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’s a SNAP Violation
SNAP legal violations occur if and when a store violates any of the rules below.
The grocery store took part inthe trafficking of SNAP benefits. Examples of this is 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.
Your store submitted incorrect info on the grocery stores application to accept EBT benefits.
The grocery store redeemed more coupons than food sales during the same period.
The employees of the store accepted SNAP benefits from someone who isn’t eligible to use the benefits.
How to defend your store against a SNAP violation
Our law firm has immense experience handling SNAP violations letters. We can handle your SNAP violation process in all phases of a SNAP violation action.
Sending the violation letter is the initial step taken by the USDA to remove your EBT license. This letter may come with no warning and can happen at any time. The charging letter contain details about alleged violations, but most letters will mention violations, have evidence attached proving the violations. You have only 10 days to respond. After you hire Spodek Law Group, 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 feel that your store has violated the rules. If that happens, the USDA will issue a second letter that specifically states the agencies legal verdict to suspend or disqualify the retail store based on the allegations set forth. You have 10 days to appeal this. If you choose not to, you’ll be stuck with the USDA decision. After you hire our firm, we’ll file the necessary paperwork to notify the USDA we are going to appeal their decision. We’ll gather necessary evidence, and we will draft generate the necessary appeals briefs containing all of the case law, evidence, etc. which is necessary to change the outcome of the violations.
In the event the USDA refuses to override the legal decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal Court. The Judicial Appeal is like a normal court case, where you’ll have to do standard processes like 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 you have to adhere to for EBT. In most cases, many retail store owners have no issues adhering to them. However, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, people getting SNAP benefits cant buy 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 and business crushing penalties. If you conduct a major 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 happening. Often, unethical employees who are misusing the SNAP program. It’s helpful to speak with a SNAP violation appeals lawyer in order to make sure you don’t have your benefits revoked.
When a SNAP violation letter is delivered to your store, you have only ten days to respond to the claims. 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 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 SNAP appeals lawyers can challenge the decision of the USDA and appeal any penalties. The penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully does huge fines to curb violations. The USDA look to see if you have a store compliance policy. The policy has to be in writing at the store and in effect at the time the allegations were filed.
The grocery store must be able to prove the compliance policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA will also look to check if the grocery store owners benefited from the violations, or were aware of the violation. If the management was involved it can lead to disqualification.
We highly recommend any store that receives a 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