If you accept EBT at your retail store, then may have been the recipient of a a notice from the USDA. This notice is most likely a SNAP violation notice, which is alleging you are in violation of the SNAP program. The USDA will include proof to the SNAP violation notice, which will contain records of transactions which happened at your store which the government is saying violates one or more categories of violations.
The first thing after you get a SNAP violation notice, you should definitely speak to our our law firm. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the USDA will suspend your stores privilege to accept EBT payments.
About The Program
This program helps families with funds to buy food each month. The SNAP program benefits are distributed to consumers with an EBT card. The SNAP benefits on the card cannot 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. The SNAP program is operated on a nationwide level by the federal government.
This 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’s a SNAP Violation
SNAP legal violations occur when a retail store violates any of the rules below.
The grocery store is accused ofthe trafficking of SNAP benefits. Examples of this is fraudulently accepting benefits, or stealing the benefits.
Your grocery store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect information on the store’s application to accept EBT benefits.
Your grocery store took money for more EBT food stamps than food sales at the same time.
Your employees have taken SNAP benefits from someone who isn’t allowed to use them.
How we can help defend you against a SNAP violation notice
Spodek Law Group has experience managing SNAP violation letters. Our team of attorneys can handle your SNAP Violation appeal in all 3 phases of a SNAP action.
The charging letter is the first step taken by the USDA to remove your right to take EBT benefits. The letter can come with no warning can come at any time. The charging letter has a variety of allegations, but most letters will mention serious allegations, with an attachment of details. Your response to the SNAP violation letter is due within 10 days. After 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.
After reviewing the store’s answer to the SNAP violation letter, the USDA may still feel that a violation has occurred. If this happens, the USDA will definitely send another letter that specifically states their decision to suspend or disqualify the store based on the alleged violations. You have 10 days to appeal this. If you choose not to, then you’ll be stuck with the USDA decision. After you hire our lawyers, we file the appeal to notify them we are going to appeal their decision. Our lawyers collect necessary evidence, and we will draft generate the necessary appeals briefs containing all of the legal laws, legal evidence, etc. which is needed to change the outcome of the violations.
In the event the USDA refuses to change the legal decision, in the Administrative Review, we will file a Judicial review at the local Federal District Court. This process is like a normal 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 grocery store retailer, there are many laws have to obey in order to accept EBT. In most cases, many grocery store owners have no issues 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, SNAP recipients cant purchase electronic goods. If, and when, you violate the laws, you’ll get a SNAP violation letter. Snap violation penalties can result in fines, and penalties. If it’s believed you did a serious SNAP violation, then you may end up with a temporary or permanent disqualification. In most cases, owners of grocery stores didn’t even know the violations are even occurring. In many situations, it’s dishonest employees are misusing the SNAP program. If you’re accused of a SNAP violation to speak with a SNAP violation attorney in order to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is presented to your grocery store, you only have ten days to respond to the violations. Your failure to respond to the violations 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 a fighting change. Our lawyers can challenge the decision of the USDA and fight any decision. The fines imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose 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 the policy must be at the time the violations were filed.
The store owner also has to be able to prove the compliance policy was in existence before the allegations, and was not drafted after the violation letter. The USDA typically also looks to see if the retail store owners benefited in any way from the fraud, or if the owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
It’s highly recommended any grocery store owner that receives a violation 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