If you accept EBT at your retail store, then you might have gotten a notice from the USDA. This notification is probably a SNAP violation notice, which is stating you have violated the SNAP program. The USDA will include proof to the SNAP violation notice, and it will contain records of transactions which occurred at your grocery store that the USDA is saying is in violation of one or more groups of violations.
The first thing after you get a SNAP violation notice, you should speak to our our law firm. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the government will suspend your stores privilege to accept EBT.
About The SNAP Program
The SNAP program helps families with money each month. The SNAP program benefits are given with an EBT card. The SNAP benefits on this card cannot legally be used for general usage, and they can’t be used for cash back services. The cards took over for food stamps in the 1990’s and are issued by each state individually where the recipient lives. The program is run on a nationwide level by the 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 when a grocery store is in violation of the following rules.
The grocery store is accused oftrafficking SNAP benefits. Examples of this is fraudulently accepting benefits, or theft of the benefits.
The retail store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect information on your grocery stores application to accept EBT benefits.
Your grocery store redeemed more EBT food stamps than food sales over the same period.
The employees of the store have taken 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 experience handling SNAP violations letters. Our law firm can handle your SNAP Violation appeal in all 3 phases of a SNAP violation action.
The charging letter is the first step which is going to be taken by USDA to take away your right to take EBT benefits. This comes with, or without, prior warnings and can happen at any time. The charging letter will contain allegations, but most of them will outline violations, with an attachment of details. You have only 10 days to respond. Once 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 may still believe that your store has violated the rules. If this happens, the USDA will definitely send a second letter that specifically states the agencies decision to suspend or disqualify the retail store based on the alleged violations. Like before, you have 10 days to protest this decision. If you don’t, you’ll be stuck with the USDA decision. After you hire our law firm, we’ll file the necessary paperwork and notify the government appeal the decision. We’ll collect necessary evidence, and our team will draft an appellate brief which contains all of the case law, evidence, etc. which is critical to overturn the decision.
In the event the USDA refuses to overturn the decision, in the Administrative Review, we’ll file a Judicial review at the local Federal Court. This next phase 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 you have to adhere to for EBT. In most normal situations, many retail store owners don’t run into problems. 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. If you violate the laws, you’ll get a SNAP violation letter. Snap violation penalties can result in severe fines. If it’s believed you did a major violation, then you might end up with either a permanent or temporary disqualification. In most cases, store owners don’t know SNAP violations are even occurring. Often, it’s dishonest employees are misusing the SNAP program. It’s helpful to speak with a SNAP violation appeals lawyer in order to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your grocery store, you have only ten days to respond to the allegations. Failure to respond to the violations will permanently crush your store. If you don’t respond the USDA will make a verdict even though you choose not to respond to the allegations. Without legal experience, you cannot defend your store. Retaining a SNAP violation lawyer gives you a fighting change. Our lawyers will discredit the findings of the USDA and fight any penalties. The penalties 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 look to see if you have a store compliance policy. It has to be in writing and the policy must be at the time the violations were filed.
The grocery store must be able to prove the compliance policy was in place before the charge, and wasn’t drafted after the violation was made. The USDA typically also looks to see 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 allegation 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