If you’re a retailer who accepts EBT at your retail store, then may have gotten a letter from the USDA. The notification is probably a SNAP violation notice, which is alleging you have violated the SNAP program. The USDA will include proof to the SNAP violation notice, which will contain transactions that occurred at your retail store which the government is saying is in violation of one or more categories of violations.
The first thing after you get a SNAP violation letter, 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 grocery store’s ability to take EBT.
About The Program
The SNAP program provides families with get food each month. These benefits are distributed to consumers through an EBT card. The SNAP benefits on the EBT card aren’t for general use, and they cannot be used for fraudulent cash back transactions. The EBT cards took over for food stamps in the 1990’s and are issued by each state individually where the consumer lives. The SNAP program is run on a national level by the government.
The SNAP government 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 if and when a retail store is in violation of the following rules.
The retail store took part inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting the benefits, or theft of the benefits.
Your grocery store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect information on your store’s application to accept EBT benefits.
The store redeemed more coupons than actual food sales over the same period.
The employees of the store took SNAP benefits from someone who shouldn’t be allowed to use the benefits.
How we can help defend you against a SNAP violation notice
Spodek Law Group has immense experience handling SNAP violation letters. We can handle your SNAP violation process in all phases of a SNAP action.
Sending the letter is the first step which is taken by the USDA USDA to take away your EBT license. This letter may come with no warning can come at any time. The charging letter contain details about alleged violations, but most of them will mention violations, and have attached documents detailing the violations. You have only 10 days to respond. After you hire Spodek Law Group, 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.
Once the USDA reviews your answer to the notice of violation, the USDA might still feel that a violation has occurred. If this happens, the USDA will issue another letter that outlines the governments legal verdict to suspend or disqualify the grocery store based on the accusations previously mentioned. You have 10 days to appeal this. If you choose not to, then you’ll be stuck with the USDA decision. Once you hire our law firm, our team the appeal and notify the USDA appeal the decision. We’ll collect necessary evidence, and our team will draft the necessary appeals briefs which contains all of the legal laws, evidence, etc. which is needed to fix the outcome.
In the event the USDA refuses to overturn the violation claim, in the Administrative Review, we’ll file a Judicial review at the local Federal District Court. This process is like a normal 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 have to obey in order to accept EBT. In most normal situations, 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’ll probably get a SNAP violation letter. Penalties of violating SNAP can include fines and penalties. If you conduct a major SNAP violation, then you might end up with a temporary or permanent disqualification. In most cases, owners of grocery stores don’t even know the violations were even occurring. Often, it’s dishonest employees who are misusing the SNAP EBT program. If you’re accused of a SNAP violation to consult with a SNAP violation attorney to ensure sure you don’t have your benefits revoked.
When a charge letter is presented to your retail store, you only have ten days to respond to the violations. Your failure to respond will permanently harm your store. In addition, the USDA will generate a verdict even though you don’t respond to the allegations. In the absence of a SNAP violation attorney, you won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you a fighting change. Our lawyers will fight the decision of the USDA and fight any penalties. The fines imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose imposes 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 the policy must be when the allegations were filed.
The retailer also 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 owners benefited from the violations, or if the business owners were aware of the fraud. If the management was involved it can lead to disqualification.
It’s highly recommended any store that receives a allegation 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