If you’re a retailer who accepts EBT at your grocery store, then it’s possible have gotten a notice from the USDA. The notice is most likely a SNAP violation notice, which is claiming you have violated the SNAP program. The USDA will attach a number of pages to the SNAP violation letter, and it will have transactions that happened at your store which the USDA is saying is in violation of one or more groups of violations.
After you get a SNAP violation notice, you should contact 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 payments.
About The SNAP Program
The SNAP program helps families with get food each month. The SNAP program benefits are distributed to consumers via an EBT card. The funds on the card aren’t for general use, 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 by each state individually where the consumer lives. The SNAP program is operated on a national level by the government.
The federal 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 counts as a SNAP violation
Snap violations happen when a store violates any of the following rules.
The retail store is accused ofthe trafficking of SNAP benefits. Examples of this is fraudulently accepting the benefits, or stealing the benefits.
The grocery store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false info on the retail stores application to accept EBT benefits.
Your store redeemed more coupons than food sales at the same time.
The employees of the store accepted SNAP benefits from someone who isn’t eligible to use the benefits.
How to defend your store against a SNAP violation
Our law firm has immense experience managing SNAP violations letters. Our law firm can handle your SNAP violation process in all phases of a SNAP violation action.
Sending the violation letter is the initial step taken by the USDA to take away your right to take EBT benefits. The letter can come with no warning and can happen at any time. The charging letter has a variety of allegations, but most of them will outline violations, with an attachment of details. Your response to the SNAP violation letter is due within 10 days. Once you hire Spodek Law Group, our lawyers handle 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 feel that a violation has occurred. If this happens, they’ll will 100% issue a second letter that specifically states the agencies legal verdict to suspend or disqualify the grocery store based on the accusations previously mentioned. Like before, you have ten days to protest the verdict. If you don’t, then you’ll be stuck with the USDA decision. After you hire our law firm, we’ll file the necessary paperwork to notify them appeal the decision. Our lawyers gather necessary evidence, and our team will generate an appellate brief which contains all of the legal laws, legal evidence, etc. which is critical to fix the outcome.
In the event the USDA refuses to overturn the violation claim, in the Administrative Review, our lawyers will file a Judicial review at the local Federal Court. The Judicial Appeal is like a normal case, where you’ll have to do standard processes like discovery, file motions, and have a trial. Our law firm can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there’s a lot of rules and regulations you have to adhere to for EBT. In most normal situations, many grocery store owners don’t run into problems. However, USDA’s SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limits on how the funds can be used. For example, SNAP recipients cant purchase electronic goods. As a retailer, if you violate the laws, you’ll get a SNAP violation letter. Penalties of violating SNAP can result in severe fines. If you conduct a serious violation, then you may end up with either a permanent or temporary disqualification. In most cases, owners of grocery stores don’t know the violations were even happening. Often, unethical employees who are misusing the SNAP program. It’s helpful to discuss your case with a SNAP violation lawyer to ensure sure you don’t have your benefits revoked.
When a charge letter is sent to your grocery store, you only have 10 days to respond to the claims. Your failure to respond to the violations will permanently harm your store. In addition, the USDA will generate a verdict even if 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 a fighting change. Our SNAP appeals lawyers will fight 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 large fines to in order to curb future violations. The USDA look to see if you have a store compliance policy. The policy must be in writing and the policy must be at the time the allegations were filed.
The grocery store 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 will also look in order to see if the retail store owners benefited from the violations, or were aware of the violation. If the managers were involved, it can lead to disqualification.
It’s highly recommended any store that receives a 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