If you accept EBT at your grocery store, then may have been the recipient of a a official warning from the USDA. The notice is most likely a SNAP violation letter, which is stating you violated the SNAP program. The USDA will include proof to the SNAP violation notice, and it will have records of transactions that happened at your retail store which the government claims is in violation of one or more groups of violations.
After you get a SNAP violation notice, you must speak to our our legal team. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the USDA will terminate/suspend your grocery store’s ability to accept EBT payments.
About The SNAP Program
This program helps families with money each month. The SNAP program benefits are distributed to consumers with an EBT card. The funds on the EBT card cannot legally be used for general usage, and they cannot be used for cash back transactions. The EBT cards took the place of food stamps in the 1990’s and the card is issued in the state where the recipient lives. The SNAP program is operated on a national level by the government.
The federal and it’s parameters 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 counts as a SNAP violation
SNAP legal violations happen when a store violates any of the following rules.
The retail store was involved inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or stealing the benefits.
The grocery store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false info on your retail stores application to accept EBT benefits.
The grocery store redeemed more EBT food stamps than food sales at the same time.
The employees of the store 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 managing SNAP violation letters. Our team of attorneys can handle your SNAP Violation appeal in all phases of a SNAP Violation action.
Sending the violation letter is the first step which is taken by the USDA USDA to take away your EBT license. This comes with, or without, prior warnings and can appear at any time. The charging letter contain details about alleged violations, but most letters will lay out violations, with an attachment of details. You have only 10 days to respond. After you hire our law firm, our lawyers 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 SNAP violation letter, the USDA might still feel that your store has violated the rules. If this happens, they’ll will definitely send another letter that specifically states the governments legal verdict to suspend or disqualify the grocery store based on the allegations set forth. Like before, you have ten days to protest this decision. If you don’t, you’ll be stuck with the USDA decision. Once you hire our law firm, our team the necessary paperwork and notify the government we are going to appeal their decision. We’ll gather necessary evidence, and we will draft generate an appellate brief containing all of the legal laws, evidence, etc. which is needed to fix the outcome.
If the USDA refuses to overturn the binding decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal District Court. This process is like a normal court case, where you’ll have to do standard processes like 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 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 limits on how the funds can be used. For example, SNAP recipients cant get electronic goods. If you violate the laws, you’ll get a SNAP violation letter. Penalties of violating SNAP can result in fines, and penalties. If you conduct a major SNAP violation, then you might end up with a temporary or permanent disqualification. In many situations, store owners don’t know the violations are even occurring. Often, unethical employees who are misusing the SNAP EBT program. It’s helpful to discuss your case with a SNAP violation appeals lawyer to make 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. Your failure to respond will permanently harm your store. In addition, 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 fight the findings of the USDA and appeal any penalties. The financial penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose chooses to impose huge fines to curb violations. The USDA will look to see if you have a store compliance policy in place. The policy must be in writing at the store and the policy must be when the violations were filed.
The grocery store also be able to prove the compliance policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA typically also looks in order to see if the grocery store owners benefited from the violations, or were aware of the violation. If the managers were involved, it can lead to disqualification.
We highly recommend any owner that receives a allegation 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