If you accept EBT at your retail store, then may have received a letter from the USDA. The notice is most likely a SNAP violation notice, which is alleging you are in violation of the SNAP program. The USDA will include proof to the SNAP violation notice, which will have transactions which happened at your retail store which the USDA is saying violates one or more genres of violations.
The first thing after you get a SNAP violation letter, you should definitely speak to our our law firm. Remember, you have only ten days to respond to the letter. If you choose to ignore, the government will terminate/suspend your stores ability to accept EBT payments.
About The Program
This program helps families with funds to buy food each month. The SNAP program benefits are distributed to consumers through an EBT card. The funds on the EBT card cannot be used for general use, and they can’t be used for fraudulent cash back services. The EBT cards took the place of food stamps in the 1990’s and are issued in the state where the recipient lives. The SNAP program is operated on a nationwide level by the government.
The SNAP federal and the benefits that come with it are governed 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 legal violations occur when a retail store is in violation of the rules below.
The store was involved intrafficking SNAP benefits. This can mean fraudulently accepting taking the benefits, or theft of the benefits.
Your retail store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false info on your grocery stores application to accept EBT benefits.
Your grocery store redeemed more EBT food stamps than sale of actual food during the same period.
The employees of the store have taken 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 appeal in all phases of a SNAP violation action.
The charging letter is the first step which is taken by the USDA USDA to take away your right to take EBT benefits. The letter can come with, or without, prior warnings can come at any time. The SNAP violation letter has a variety of allegations, but most of them will detail 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 handle 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 a violation has occurred. If that happens, the USDA will issue a second letter which outlines their legal verdict to suspend or disqualify the store based on the alleged violations. Like before, you have 10 days to protest the verdict. If you don’t, you’ll be stuck with the USDA decision. Once you hire our firm, we file the appeal to notify them we are going to appeal their decision. Our lawyers collect necessary evidence, and our team will draft the necessary appeals briefs containing all of the legal laws, evidence, etc. which is critical to change the outcome of the violations.
In the event the USDA refuses to overturn the binding decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal District Court. This process is like a normal federal court case, where you’ll be able to do 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 have to obey in order to accept EBT. In most cases, many retail store owners have no problems adhering to them. However, USDA’s SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant buy electronic goods. If, and when, you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can result in severe fines. If you conduct a major violation, then you might end up with either a permanent or temporary disqualification. In many situations, store owners don’t even know the violations were even occurring. Often, it’s dishonest employees who are misusing the SNAP EBT program. If you’re accused of a SNAP violation to consult with a SNAP violation lawyer to make sure you don’t have your benefits revoked.
When a SNAP violation letter is delivered to your store, you only have 10 days to respond to the violations. Your failure to respond to the violations will permanently harm your store. If you don’t respond the USDA will make a verdict even though you choose not to respond to the allegations. Without legal experience, you cannot defend your store. Hiring a SNAP violation lawyer gives you a fighting change. Our lawyers will fight the findings of the USDA and fight any decision. The fines imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully imposes huge fines to curb violations. The USDA look to see if you have a store compliance policy. The policy has to be in writing and in effect when the violations were filed.
The retailer must has to be able to prove the compliance policy was in existence before the allegations, and was not drafted after the violation letter. The USDA will also look in order to check if the retail 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 store that gets 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