If you’re a retailer who accepts EBT at your retail store, then may have gotten a official warning from the USDA. The notification is most likely a SNAP violation notice, which is claiming you are in violation of the SNAP program. The government will include proof to the SNAP violation letter, which will contain records of transactions that happened at your grocery store that the government claims is in violation of one or more groups of violations.
After you get a SNAP violation letter, you must speak to our our legal team. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the government will suspend your stores privilege to accept EBT.
About The Program
This program provides families with a certain amount of money each month. These benefits are given via an EBT card. The funds on the card aren’t for general usage, and they can’t be used for cash back services. The cards took over for food stamps in the 1990’s and are issued by each state individually which the SNAP participant lives. The SNAP program is run on a nationwide level by the government.
This federal and it’s benefits 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’s a SNAP Violation
SNAP legal violations occur when a grocery store is in violation of the following rules.
The retail store took part intrafficking SNAP benefits. Examples of this is fraudulently accepting benefits, or theft of the benefits.
Your retail store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect information on the store’s application to accept EBT benefits.
Your grocery store redeemed more coupons than actual food sales at the same time.
The employees of the store accepted SNAP benefits from someone who shouldn’t be allowed to use the benefits.
How to defend your store against a SNAP violation
Our law firm has immense experience handling SNAP appeals letters. Our team of attorneys can handle your SNAP Violation appeal in all 3 phases of a SNAP Violation action.
Sending the violation letter is the initial step taken by the USDA to remove your EBT license. The letter can come with no warning can come at any time. The violation letter will have allegations in it, but most of them will mention serious allegations, with an attachment of details. You have only 10 days to respond. Once you hire Spodek Law Group, we 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 believe that your store has violated the rules. If that happens, they’ll will definitely send another letter that specifically states the agencies decision to suspend or disqualify the retail store based on the allegations set forth. You have 10 days to appeal this. If you don’t, you’ll be unable to protest the USDA decision. After you hire our firm, we’ll file the legal papers to notify the USDA appeal the decision. We’ll collect necessary evidence, and we will draft draft the necessary appeals briefs containing all of the case law, legal evidence, etc. which is needed to overturn the decision.
If the USDA refuses to overturn the decision, in the Administrative Review, we will file a Judicial review at the local Federal 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 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 have no problems 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, people getting SNAP benefits cant get electronic goods. If you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can result in severe fines. If it’s believed you did a major SNAP violation, then you might end up with a temporary or permanent disqualification. In many situations, owners of grocery stores don’t know the violations are even occurring. In many situations, unethical employees who are misusing the SNAP program. It’s helpful to speak with a SNAP violation attorney to ensure sure you don’t have your benefits revoked.
When a charge letter is delivered to your grocery store, you only have 10 days to respond to the claims. Your failure to respond will permanently crush your store. In addition, the USDA will make a verdict even though you choose not to respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers can discredit the findings of the USDA and appeal any decision. The financial penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully imposes large fines to in order to curb future violations. The USDA will typically look to see if you have a compliance policy in place. It must be in writing and the policy must be when the allegations were filed.
The grocery store must has to 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. Any involvement of the management can lead to disqualification.
We highly recommend any 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