If you accept EBT at your retail store, then you might have gotten a letter from the USDA. The letter is probably a SNAP violation notice, which is stating you violated the SNAP program. The USDA will attach a number of pages to the SNAP violation notice, which will contain records of transactions that occurred at your grocery store that the USDA is saying is in violation of one or more groups of violations.
After you get a SNAP violation notice, you must speak to our our law firm. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the USDA will terminate/suspend your stores ability to take EBT.
About The SNAP Program
This program provides families with a certain amount of money each month. These benefits are given with an EBT card. The benefits on the EBT card are not for general usage, and they cannot be used for fraudulent cash back services. The cards took the place of food stamps in the 1990’s and the card is issued by each state individually where the recipient lives. The program is run on a nationwide level by the government.
This program 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 counts as a SNAP violation
Snap violations happen if and when a retail store is in violation of the following rules.
The retail store was involved inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting 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 false info on your retail stores application to accept EBT benefits.
The store took money for more coupons than sale of actual food over the same period.
Your employees accepted SNAP benefits from someone who isn’t eligible to use the benefits.
How to defend your store against a SNAP violation
Spodek Law Group has experience handling 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 which is going to be taken by USDA to take away your right to take EBT benefits. This comes with, or without, prior warnings and can happen at any time. The SNAP violation letter will contain allegations, but most of them will outline serious allegations, with an attachment of details. You have only 10 days to respond. Once you hire our law firm, 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 SNAP violation letter, the USDA might still decide that your store has violated the rules. If this happens, the USDA will 100% issue a second letter that specifically states the governments legal verdict to suspend or disqualify the store based on the accusations previously mentioned. Like before, you have 10 days to protest the decision. If you choose not to, then you’ll be stuck with the USDA decision. Once you hire our lawyers, our team the legal papers to notify the USDA we are going to appeal their decision. Our lawyers gather necessary evidence, and our team will draft an appellate brief which contains all of the legal laws, evidence, etc. which is needed to change the outcome of the violations.
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 process is like a normal court case, where you’ll be able to do discovery, file motions, and have a trial. Our law firm can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there’s a lot of rules and regulations you have to adhere to for EBT. In most normal situations, many retail store owners have no issues adhering to them. 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. As a retailer, if you violate the laws, you’ll probably 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 might end up with a temporary or permanent disqualification. In most cases, owners of grocery stores didn’t even know SNAP violations are even happening. Often, unethical employees are misusing the SNAP program. It’s helpful to consult with a SNAP violation attorney in order to make sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your retail store, you have only 10 days to respond to the allegations. Failure to respond to the allegations will permanently harm your store. In addition, the USDA will make a verdict even if 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 the ability to fight for your rights. Our SNAP appeals lawyers will fight the decision of the USDA and fight any decision. The financial penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose does large 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 in effect at the time the allegations were filed.
The retailer 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 will also look in order to check if the owners benefited in any way from the fraud, or if the owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
We highly recommend any store that receives 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