If you’re a retailer who accepts EBT at your retail store, then may have received a letter from the USDA. This notice is most likely a SNAP violation letter, which is alleging you violated the SNAP program. The government will include proof to the SNAP violation letter, and it will contain transactions which happened at your retail store that the government claims is in violation of one or more categories of violations.
The first thing after you get a SNAP violation notice, you must contact our law firm. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the USDA will terminate/suspend your stores ability to accept EBT.
About The SNAP Program
This program helps families with money each month. The SNAP program benefits are distributed with an EBT card. The funds on the EBT card are not for general usage, and they can’t be used for cash back services. The EBT cards took over for food stamps in the 1990’s and the card is issued in the state where the recipient lives. The program is run on a national level by the government.
The program 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 counts as a SNAP violation
SNAP legal violations occur when a grocery store violates any of the following rules.
The retail store took part intrafficking SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or theft of the benefits.
Your grocery store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false info on the store’s application to accept EBT benefits.
Your store took money for 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 we can help defend you against a SNAP violation notice
Spodek Law Group has experience handling SNAP appeals 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 going to be taken by 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 has a variety of allegations, but most of them will mention violations, and have attached documents detailing the violations. Your response to the SNAP violation letter is due within 10 days. 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.
Once the USDA reviews your answer to the SNAP violation letter, the USDA might still feel that a violation has occurred. If this happens, the USDA will issue a second letter that specifically states the agencies decision to suspend or disqualify the store based on the alleged violations. Like before, you have 10 days to appeal the decision. If you choose not to, you’ll be stuck with the USDA decision. Once you hire our lawyers, we file the appeal and notify them appeal the decision. We’ll collect necessary evidence, and we will draft draft an appellate brief containing all of the legal laws, evidence, etc. which is needed to overturn the decision.
In the event the USDA refuses to override the legal decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal District Court. This process is like a normal case, where you’ll be able to do discovery, file motions, and have a trial. We 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 cases, many retail store owners have no issues adhering to them. However, the 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 get a SNAP violation letter. Snap violation penalties can result in severe and business crushing penalties. If you conduct a serious SNAP violation, then you might end up with a temporary or permanent disqualification. In many situations, owners of grocery stores didn’t even know SNAP violations are even occurring. Often, dishonest employees are misusing the SNAP EBT program. It’s helpful to speak with a SNAP violation appeals lawyer in order to make sure you don’t have your benefits revoked.
When a charge letter is delivered to your store, you only have ten days to respond to the violations. Failure to respond to the allegations will permanently crush your store. If you don’t respond the USDA will make a verdict even if you don’t respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you a fighting change. Our lawyers will challenge 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 on purpose chooses to impose 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 at the store and the policy must be when the allegations were filed.
The retailer must has to be able to prove the compliance 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 owners benefited in any way from the fraud, or if the business owners were aware of the fraud. Any involvement of the management can lead to disqualification.
We highly recommend any store that receives a allegation 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