If you’re a retailer who accepts EBT at your retail store, then you might have received a official notice from the USDA. This notice is probably a SNAP violation letter, which is alleging you have violated the SNAP program. The USDA will include proof to the SNAP violation notice, and it will have transactions which occurred at your grocery store that the USDA claims is in violation of one or more genres of violations.
The first thing after you get a SNAP violation letter, you must speak to our our law firm. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the USDA will terminate/suspend your grocery store’s ability to accept EBT.
About The SNAP Program
This program helps families with funds to buy food each month. The SNAP program benefits are given with an EBT card. The funds on the card cannot legally be used for general use, and they can’t be used for fraudulent cash back services. The cards took the place of food stamps in the 1990’s and the card is issued in the state where the consumer lives. The SNAP 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 does it mean to have a SNAP violation
SNAP legal violations happen when a retail store violates any of the rules below.
The retail store is accused ofthe trafficking of SNAP benefits. Examples of this is fraudulently accepting the benefits, or theft of the benefits.
The retail store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false info on the retail stores application to accept EBT benefits.
The grocery store redeemed more EBT food stamps than food sales at the same time.
The employees of the store took SNAP benefits from someone who isn’t eligible to use the benefits.
How we can help defend you against a SNAP violation notice
Spodek Law Group has experience managing SNAP appeals letters. Our law firm can handle your SNAP Violation appeal in all phases of a SNAP violation action.
Sending the violation letter is the first step which is taken by the USDA USDA to remove your right to take EBT benefits. This comes with, or without, prior warnings and can happen at any time. The violation letter contain details about alleged violations, but most of them will outline serious allegations, and have attached documents detailing the violations. You have only 10 days to respond. Once 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.
Once the USDA reviews your answer to the notice of violation, the USDA might still feel that your store has violated the rules. If this happens, the USDA will issue a second letter that specifically states their decision to suspend or disqualify the grocery store based on the accusations previously mentioned. Like before, you have 10 days to appeal the verdict. If you don’t, you’ll be unable to protest the USDA decision. Once you hire our lawyers, our team the necessary paperwork and notify them we are going to appeal their decision. We’ll gather necessary evidence, and we will draft generate an appellate brief containing all of the case law, evidence, etc. which is needed to overturn the decision.
In the event the USDA refuses to overturn the legal decision, in the Administrative Review, we’ll file a Judicial review at the local Federal Court. The Judicial Appeal is like a normal 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 issues adhering to them. However, the SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limits on how the funds can be used. For example, people getting SNAP benefits cant purchase electronic goods. If, and when, you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can result in severe fines. If it’s believed you did a major SNAP violation, then you might end up with a temporary or permanent disqualification. In most cases, store owners don’t know SNAP violations were even happening. Often, it’s dishonest employees who are misusing the SNAP EBT program. If you’re accused of a SNAP violation to speak with a SNAP violation lawyer to ensure sure you don’t have your benefits revoked.
When a charge letter is delivered to your grocery store, you only have 10 days to respond to the violations. Failure to respond to the violations will permanently harm your store. If you don’t respond the USDA will deliver a verdict even if you choose not to respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers will discredit the findings of the USDA and appeal any decision. The penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully imposes huge fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. The policy has to be in writing at the store and the policy must be at the time the violations were filed.
The retailer must 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 typically also looks in order to see if the grocery store 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.
It’s highly recommended any grocery store owner that gets a violation 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