If you’re a retailer who accepts EBT at your grocery store, then it’s possible have gotten a official warning from the USDA. The notice is most likely a SNAP violation notice, which is claiming you violated the SNAP program. The government will attach a number of pages to the SNAP violation notice, and it will contain transactions that occurred at your retail store that the USDA is saying is in violation of one or more categories of violations.
The first thing after you get a SNAP violation letter, you must contact our legal team. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the government will suspend your stores privilege to accept EBT.
About The SNAP Program
The SNAP program helps families with get food each month. These benefits are distributed to consumers with an EBT card. The SNAP benefits on the EBT card cannot legally be used for general usage, and they can’t be used for cash back services. 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. This program is run on a national level by the federal government.
The federal and it’s parameters are governed 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 violations happen when a store is in violation of the rules below.
The store took part intrafficking SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or stealing the benefits.
The grocery store took SNAP funds 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 store redeemed more coupons than food sales at the same time.
Your employees took SNAP benefits from someone who shouldn’t be allowed to use the benefits.
Defending against a SNAP Violation Letter
Our law firm has experience handling SNAP violations letters. Our law firm can handle your SNAP Violation appeal in all 3 phases of a SNAP violation action.
Sending the letter is the first step which is going to be taken by USDA to take away your right to take EBT benefits. This letter may come with no warning and can appear at any time. The SNAP violation letter contain details about alleged violations, but most letters will lay out serious allegations, with an attachment of details. You have only 10 days to respond. Once you hire Spodek Law Group, 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 violation letter, the USDA might still decide that a violation has occurred. If this happens, they’ll will issue a second letter which specifically states their legal verdict to suspend or disqualify the store based on the accusations previously mentioned. You have 10 days to appeal this. If you choose not to, you’ll be stuck with the USDA decision. After you hire our law firm, our team the necessary paperwork and notify them appeal the decision. Our lawyers gather necessary evidence, and our team will draft the necessary appeals briefs containing all of the case law, evidence, etc. which is necessary to fix the outcome.
If the USDA refuses to change the binding decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal Court. This next phase 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 grocery store retailer, there are many laws which you have to adhere to for EBT. In most normal situations, many grocery store owners don’t run into problems. However, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, people getting SNAP benefits cant purchase electronic goods. If, and when, you violate the laws, you should expect getting a SNAP violation letter. Penalties of violating SNAP can result in severe and business crushing penalties. If it’s believed you did a major SNAP violation, then you might end up with either a permanent or temporary disqualification. In most cases, store owners didn’t even know the violations are even happening. In many situations, unethical employees are misusing the SNAP EBT program. If you’re accused of a SNAP violation to speak with a SNAP violation lawyer in order to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is presented to your store, you have only ten days to respond to the allegations. Your failure to respond to the allegations will permanently harm your store. In addition, the USDA will make a verdict even though you choose not to respond to the allegations. In the absence of a SNAP violation attorney, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you a fighting change. Our lawyers can discredit the findings of the USDA and appeal any penalties. The penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully does large fines to curb violations. The USDA look to see if you have a store compliance policy. It has to be in writing and the policy must be when the allegations were filed.
The retailer also be able to prove the above mentioned policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA will also look in order to check if the retail store owners benefited from the violations, or were aware of the violation. If the management was involved it can lead to disqualification.
It’s highly recommended any store that gets a allegation letter speak to 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