If you’re a retailer who accepts EBT at your retail store, then it’s possible have gotten a letter of warning from the USDA. This notice is probably a SNAP violation letter, which is claiming you have violated the SNAP program. The government will include proof to the SNAP violation letter, and it will have transactions that happened at your grocery store which the USDA is saying violates one or more categories of violations.
After you get a SNAP violation notice, you should contact our legal team. Remember, you have only ten days to respond to the letter. If you choose to ignore, the government will suspend your stores privilege to accept EBT payments.
About The Program
The SNAP program provides families with funds to buy food each month. These benefits are distributed to consumers with an EBT card. The SNAP benefits on the EBT card cannot be used for general use, and they can’t be used for cash back transactions. The cards took the place of food stamps in the 1990’s and are issued by each state individually where the recipient lives. The SNAP program is run on a national level by the federal government.
The program and it’s benefits 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 legal violations happen if and when a retail store is in violation of the rules below.
The retail store was involved inthe trafficking of SNAP benefits. This can mean fraudulently accepting benefits, or theft of the benefits.
The grocery store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect information on the grocery stores application to accept EBT benefits.
The grocery store took money for more EBT food stamps than sale of actual food during the same period.
The employees of the store took SNAP benefits from someone who shouldn’t be allowed to use the benefits.
How to defend your store against a SNAP violation
Our law firm has experience handling SNAP appeals letters. We can handle your SNAP violation process in all phases of a SNAP violation action.
Sending the violation letter is the initial step which is taken by the USDA USDA to take away your EBT license. The letter can come with, or without, prior warnings can come at any time. The violation letter will contain allegations, but most letters will detail violations, and have attached documents detailing the violations. 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.
After reviewing the store’s answer to the violation letter, the USDA may still decide that a violation has occurred. If this happens, the USDA will issue another letter which specifically states the governments legal verdict to suspend or disqualify the retail 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 firm, our team the necessary paperwork and notify the USDA appeal the decision. Our lawyers collect necessary evidence, and we will draft draft the necessary appeals briefs containing all of the legal laws, legal evidence, etc. which is critical to fix the outcome.
In the event the USDA refuses to override the legal decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal Court. This next phase is like a normal court 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 are many laws which you have to adhere to for EBT. In most normal situations, many grocery store owners have no issues adhering to them. 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 get electronic goods. If you violate the laws, you should expect getting a SNAP violation letter. Penalties of violating SNAP can result in fines, and penalties. If it’s believed you did a major violation, then you might end up with either a permanent or temporary disqualification. In most cases, store owners didn’t know SNAP violations are even happening. Often, dishonest employees are misusing the SNAP program. If you’re accused of a SNAP violation to discuss your case with a SNAP violation appeals lawyer to make sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your grocery store, you only have 10 days to respond to the claims by the USDA. Failure to respond to the violations will permanently crush your store. If you don’t respond 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 cannot defend your store. Retaining 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 decision. The financial penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully imposes large fines to in order to curb future violations. The USDA will typically look to see if you have a compliance policy in place. It must be in writing and the policy must be when the violations were filed.
The store owner also be able to prove the compliance policy was in place before the charge, and was not drafted after the violation letter. The USDA typically also looks to see if the owners benefited from the violations, or if the owners were aware of the fraud. Any involvement of the management can lead to disqualification.
We highly recommend any store owner that receives a allegation 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