If you accept EBT at your grocery store, then you might have gotten a official notice from the USDA. This notice is most likely a SNAP violation notice, which is alleging you violated the SNAP program. The USDA will include proof to the SNAP violation letter, which will have records of transactions which happened at your retail store which the government is saying is in violation of one or more groups of violations.
After you get a SNAP violation notice, you should speak to our our law firm. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the government will terminate/suspend your stores ability to take EBT.
About The Program
This program helps families with get food each month. The SNAP program benefits are given with an EBT card. The benefits on this card cannot be used for general use, and they cannot be used for cash back transactions. 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 federal government.
The SNAP program and it’s parameters 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 does it mean to have a SNAP violation
SNAP legal violations happen when a store violates any of the rules below.
The store took part intrafficking SNAP benefits. Examples of this is fraudulently accepting benefits, or stealing the benefits.
The grocery store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false information on the retail stores application to accept EBT benefits.
Your grocery store redeemed more EBT food stamps than sale of actual food over the same period.
The employees of the store took SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
How to defend your store against a SNAP violation
Spodek Law Group has immense experience handling SNAP violation letters. Our law firm can handle your SNAP Violation appeal in all 3 phases of a SNAP Violation action.
The charging letter is the first step which is taken by the USDA USDA to remove your right to take EBT benefits. The letter can 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, and have attached documents detailing the violations. You have only 10 days to respond. Once 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 may still believe that a violation has occurred. If this happens, the USDA will definitely send another letter which specifically states the agencies legal verdict to suspend or disqualify the grocery store based on the allegations set forth. You have 10 days to appeal this. If you choose not to, you’ll be stuck with the USDA decision. After you hire our firm, our team the appeal to notify them appeal the decision. We’ll collect necessary evidence, and our team will generate an appellate brief which contains all of the legal laws, evidence, etc. which is needed to change the outcome of the violations.
In the event the USDA refuses to change the legal decision, in the Administrative Review, we will file a Judicial review at the local Federal Court. The Judicial Appeal is like a normal federal court case, where you’ll have to do standard processes like discovery, file motions, and have a trial. Our attorneys 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 retail store owners don’t run into problems. However, USDA’s SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. 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 and business crushing penalties. If it’s believed you did a serious violation, then you may end up with a temporary or permanent disqualification. In most cases, owners of grocery stores don’t even know the violations were even happening. In many situations, dishonest employees are misusing the SNAP program. It’s helpful to consult with a SNAP violation lawyer to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is delivered to your grocery store, you have only ten days to respond to the violations. Failure to respond to the allegations 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 the ability to fight for your rights. Our lawyers can discredit the findings of the USDA and fight any penalties. The financial penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully chooses to impose huge fines to in order to curb future violations. The USDA will look to see if you have a store compliance policy in place. It must be in writing at the store and the policy must be when the allegations were filed.
The grocery store also has to be able to prove the compliance policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA typically also looks to see if the owners benefited in any way from the fraud, or if the business owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
We highly recommend any grocery store owner that receives a violation 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