If you’re a retailer who accepts EBT at your retail store, then may have received a letter of warning from the USDA. The notification is probably a SNAP violation notice, which is alleging you violated the SNAP program. The USDA will attach a number of pages to the SNAP violation letter, and it will have transactions which happened at your store that the USDA claims is in violation of one or more genres of violations.
The first thing after you get a SNAP violation notice, you should speak to our our legal team. Remember, you have only ten days to respond to the letter. If you choose to ignore, the USDA will terminate/suspend your grocery store’s ability to take EBT.
About The SNAP Program
This program provides families with get food each month. The SNAP program benefits are given through an EBT card. The SNAP benefits on the card cannot legally be used for general usage, and they can’t be used for fraudulent cash back transactions. The EBT cards took over for food stamps in the 1990’s and the card is issued in the state where the consumer lives. This program is operated on a national level by the government.
The federal and it’s benefits are under handled 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 violations happen if and when a retail store is in violation of the following rules.
The grocery store took part intrafficking SNAP benefits. This can mean fraudulently accepting taking the benefits, or theft of the benefits.
Your grocery store accepted SNAP benefits 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.
The grocery store redeemed more EBT food stamps than actual food sales during the same period.
The employees of the store accepted SNAP benefits from someone who isn’t allowed to use them.
How to defend your store against a SNAP violation
Spodek Law Group has immense experience handling SNAP violation letters. We can handle your SNAP Violation appeal in all phases of a SNAP Violation action.
Sending the letter is the initial step which is taken by the USDA USDA to take away your right to take EBT benefits. This comes with, or without, prior warnings can come at any time. The violation letter will have allegations in it, but most letters will detail violations, with an attachment of details. You have only 10 days to respond. Once 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 notice of violation, the USDA might still believe that a violation has occurred. If this happens, they’ll will issue another letter that specifically states the governments decision to suspend or disqualify the store based on the allegations set forth. You have 10 days to appeal this. If you don’t, then 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 our team will generate the necessary appeals briefs which contains all of the legal laws, legal evidence, etc. which is necessary to overturn the decision.
If the USDA refuses to overturn the violation claim, in the Administrative Review, we will file a Judicial review at the local Federal Court. The Judicial Appeal is like a normal federal court case, where you’ll have to do standard processes like discovery, file motions, and have a trial. Our lawyers 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 normal situations, many grocery store owners don’t run into problems. However, the SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant get electronic goods. If you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can result in severe and business crushing penalties. If you conduct a major SNAP violation, then you might end up with either a permanent or temporary disqualification. In most cases, store owners didn’t know SNAP violations were even happening. Often, dishonest employees who are misusing the SNAP program. If you’re accused of a SNAP violation to consult with a SNAP violation lawyer in order to make sure you don’t have your benefits revoked.
When a charge letter is sent to your retail store, you have only 10 days to respond to the claims by the USDA. Failure to respond to the allegations will permanently harm your store. If you don’t respond the USDA will make a verdict even though you don’t respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers can discredit the findings of the USDA and fight any penalties. The financial penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully does large 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 in effect when the allegations were filed.
The retailer also has to be able to prove the above mentioned policy was in place before the charge, and was not drafted after the violation letter. The USDA will also look in order to see if the retail store owners benefited from the violations, or if the business owners were aware of the fraud. Any involvement of the management can lead to disqualification.
We highly recommend any grocery store owner 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