If you accept EBT at your retail store, then may have been the recipient of a a official warning from the USDA. The letter is probably a SNAP violation notice, which is stating you violated the SNAP program. The government will attach a number of pages to the SNAP violation notice, which will contain records of transactions which happened at your grocery store that the government claims is in violation of one or more genres of violations.
After you get a SNAP violation letter, you should definitely contact our legal team. Remember, you have only ten days to respond to the letter. If you choose to ignore, the government will suspend your grocery store’s ability to accept EBT payments.
About The SNAP Program
This program helps families with funds to buy food each month. The SNAP program benefits are distributed to consumers through an EBT card. The funds on the EBT card cannot be used for general use, and they can’t be used for cash back transactions. The EBT cards took over for food stamps in the 1990’s and are issued by each state individually where the recipient lives. This program is operated on a nationwide level by the federal government.
The program and it’s parameters are under handled 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 occur when a retail store is in violation of the following rules.
The retail store was involved inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting the benefits, or theft of the benefits.
The retail store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false information on the store’s application to accept EBT benefits.
The store redeemed more EBT food stamps than actual food sales during 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 experience managing SNAP appeals letters. Our law firm can handle your SNAP violation process in all phases of a SNAP violation action.
Sending the letter is the first step taken by the USDA to remove your EBT license. This comes with no warning can come at any time. The SNAP violation letter has a variety of allegations, but most of them will lay out serious allegations, have evidence attached proving the violations. 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.
After reviewing the store’s answer to the notice of violation, the USDA might still decide that your store has violated the rules. If that happens, they’ll will 100% issue another letter which outlines the governments legal verdict to suspend or disqualify the grocery 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’ll file the necessary paperwork and notify them appeal the decision. Our lawyers collect necessary evidence, and our team will generate the necessary appeals briefs which contains all of the legal laws, legal evidence, etc. which is necessary to fix the outcome.
In the event the USDA refuses to overturn the decision, in the Administrative Review, we will 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’s a lot of rules and regulations which 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 buy electronic goods. If you violate the laws, you’ll probably get a SNAP violation letter. Penalties of violating SNAP can result in severe and business crushing penalties. If you conduct a major SNAP violation, then you may end up with either a permanent or temporary disqualification. In most cases, store owners didn’t know the violations are even occurring. In many situations, dishonest employees who are misusing the SNAP program. It’s helpful to speak with a SNAP violation attorney in order to ensure sure you don’t have your benefits revoked.
When a charge letter is presented to your grocery store, you have only 10 days to respond to the claims by the USDA. Failure to respond will permanently harm your store. In addition, the USDA will deliver a verdict even if you don’t respond to the allegations. Without legal experience, you cannot defend your store. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers will fight the findings of the USDA and fight any decision. The fines imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully does huge fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. It has to be in writing and the policy must be at the time the allegations were filed.
The retailer also has to be able to prove the above mentioned policy was in place before the charge, and wasn’t drafted after the violation was made. The USDA will also look to check if the grocery store owners benefited in any way from the fraud, or were aware of the violation. If the managers were involved, it can lead to disqualification.
It’s highly recommended any owner that gets a letter speak to 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