If you’re a retailer who accepts EBT at your retail store, then may have received a official notice from the USDA. The notice is most likely a SNAP violation letter, which is alleging you are in violation of the SNAP program. The USDA will include proof to the SNAP violation letter, and it will have transactions which occurred at your grocery store that the USDA claims violates one or more categories of violations.
After you get a SNAP violation letter, you should speak to our our legal team. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the government will suspend your stores ability to take EBT.
About The Program
This program provides families with get food each month. The SNAP program benefits are given via an EBT card. The funds on this card are not for general usage, and they can’t be used for 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 run on a national level by the government.
The SNAP program and the benefits that come with it 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 store violates any of the rules below.
The grocery store is accused ofthe trafficking of SNAP benefits. This can mean fraudulently accepting taking the benefits, or theft of the benefits.
The 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.
Your grocery store took money for more EBT food stamps than sale of actual food during the same period.
Your employees have taken SNAP benefits from someone who isn’t eligible to use the benefits.
Defending against a SNAP Violation Letter
Our law firm has immense experience handling SNAP violation letters. Our team of attorneys can handle your SNAP violation process in all phases of a SNAP action.
The charging letter is the first step which is taken by the USDA USDA to remove your right to take EBT benefits. This comes with no warning and can appear at any time. The charging letter will have allegations in it, but most letters will lay out violations, 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 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 violation letter, the USDA might still feel that your store has violated the rules. If this happens, the USDA will 100% issue another letter which outlines their decision to suspend or disqualify the retail store based on the accusations previously mentioned. You have 10 days to appeal this. If you don’t, you’ll be unable to protest the USDA decision. Once you hire our lawyers, our team the legal papers and notify them we are going to appeal their decision. We’ll gather necessary evidence, and our team will generate an appellate brief which contains all of the legal laws, evidence, etc. which is critical to change the outcome of the violations.
If the USDA refuses to overturn the decision, in the Administrative Review, we will file a Judicial review at the local Federal District 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 grocery store retailer, there’s a lot of rules and regulations you have to adhere to for EBT. In most normal situations, many retail 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, people getting SNAP benefits cant get electronic goods. As a retailer, if you violate the laws, you’ll probably 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 a temporary or permanent disqualification. In many situations, owners of grocery stores didn’t know the violations were even occurring. Often, it’s dishonest employees who are misusing the SNAP program. If you’re accused of a SNAP violation to speak with a SNAP violation attorney in order to make sure you don’t have your benefits revoked.
When a charge letter is delivered to your store, you only have 10 days to respond to the allegations. Your failure to respond to the allegations will permanently crush your store. In addition, the USDA will make a verdict even if you choose not to respond to the allegations. In the absence of a SNAP violation attorney, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you a fighting change. Our lawyers can discredit the decision 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 on purpose does large fines to in order to curb future violations. The USDA look to see if you have a store compliance policy. It must be in writing and in effect when the violations were filed.
The retailer 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 to check if the owners benefited in any way from the fraud, or if the owners were aware of the fraud. If the management was involved it can lead to disqualification.
We highly recommend any store owner that receives a violation 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