If you’re a retailer who accepts EBT at your grocery store, then it’s possible have gotten a official notice from the USDA. This notice is most likely a SNAP violation letter, which is stating you violated the SNAP program. The USDA will include proof to the SNAP violation notice, and it will contain records of transactions which occurred at your store which the USDA is saying violates one or more categories of violations.
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 choose to ignore, the USDA will terminate/suspend your stores privilege to accept EBT payments.
About The SNAP Program
This program provides families with funds to buy food each month. These benefits are given with an EBT card. The benefits on this card aren’t for general usage, and they cannot be used for cash back transactions. The EBT cards took the place of food stamps in the 1990’s and the card is issued by each state individually which the SNAP participant lives. The SNAP program is run on a nationwide level by the federal government.
The government and it’s parameters 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’s a SNAP Violation
Snap violations happen if and when a store is in violation of the rules below.
The store was involved intrafficking SNAP benefits. This can mean fraudulently accepting benefits, or stealing the benefits.
Your retail store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect info on the store’s application to accept EBT benefits.
Your store took money for more coupons than food sales during the same period.
The employees of the store have taken SNAP benefits from someone who isn’t allowed to use them.
How to defend your store against a SNAP violation
Spodek Law Group has experience handling SNAP violations letters. We can handle your SNAP violation process in all 3 phases of a SNAP violation action.
The charging letter is the first step taken by the USDA to remove your right to take EBT benefits. This comes with, or without, prior warnings and can appear at any time. The charging letter has a variety of allegations, but most letters will mention violations, with an attachment of details. Your response to the SNAP violation letter is due within 10 days. After you hire our law firm, 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 notice of violation, the USDA might still believe that your store has violated the rules. If that happens, they’ll will definitely send another letter which specifically states the governments legal verdict to suspend or disqualify the store based on the alleged violations. Like before, you have ten days to protest the verdict. If you don’t, then 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. Our lawyers collect necessary evidence, and we will draft generate the necessary appeals briefs which contains all of the case law, legal evidence, etc. which is needed to fix the outcome.
If the USDA refuses to override the violation claim, in the Administrative Review, our lawyers will file a Judicial review at the local Federal Court. This process is like a normal 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 which you have to adhere to for EBT. In most cases, many grocery store owners don’t run into problems. 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 buy electronic goods. If, and when, you violate the laws, you’ll get a SNAP violation letter. Penalties of violating SNAP can result in severe and business crushing penalties. If you conduct a major violation, then you might end up with either a permanent or temporary disqualification. In most cases, owners of grocery stores didn’t even know the violations were even happening. Often, dishonest employees are misusing the SNAP program. It’s helpful to discuss your case with a SNAP violation appeals lawyer in order to ensure sure you don’t have your benefits revoked.
When a charge letter is sent to your retail store, you have only ten days to respond to the violations. Your failure to respond will permanently crush your store. In addition, the USDA will generate a verdict even if you don’t respond to the allegations. In the absence of a SNAP violation attorney, 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 challenge the findings of the USDA and appeal any penalties. The penalties 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 must be in writing and in effect when the violations were filed.
The grocery store 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 to see if the grocery store owners benefited from the violations, or were aware of the violation. If the management was involved it can lead to disqualification.
We highly recommend any grocery store owner that gets a letter consult 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