If you’re a retailer who accepts EBT at your grocery store, then you might have gotten a letter of warning from the USDA. The notification is probably a SNAP violation letter, which is claiming you have violated the SNAP program. The USDA will attach a number of pages to the SNAP violation notice, which will contain transactions that happened at your retail store that the USDA claims is in violation of one or more categories of violations.
The first thing after you get a SNAP violation notice, you should contact our law firm. Remember, you have only ten days to respond to the letter. If you choose to ignore, the USDA will suspend your stores privilege to accept EBT.
About The Program
This program helps families with get food each month. These benefits are distributed to consumers with an EBT card. The benefits on the card are not for general usage, and they can’t be used for fraudulent 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. This program is operated on a national level by the government.
The SNAP 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 legal violations occur if and when a store violates any of the rules below.
The store was involved intrafficking SNAP benefits. This can mean fraudulently accepting the benefits, or theft of the benefits.
The grocery store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false info on your grocery stores application to accept EBT benefits.
The grocery store redeemed more coupons than sale of actual food at the same time.
Your employees have taken SNAP benefits from someone who isn’t allowed to use them.
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 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. This comes with, or without, prior warnings can come at any time. The SNAP violation letter has a variety of allegations, but most letters will detail violations, have evidence attached proving the violations. You have only 10 days to respond. Once you hire Spodek Law Group, 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 SNAP violation letter, the USDA may still feel that a violation has occurred. If this happens, they’ll will definitely send another letter which specifically states their decision to suspend or disqualify the store based on the allegations set forth. You have 10 days to appeal this. If you choose not to, then you’ll be stuck with the USDA decision. Once you hire our firm, our team the appeal to notify the government appeal the decision. Our lawyers gather necessary evidence, and our team will 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 decision, in the Administrative Review, we’ll file a Judicial review at the local Federal District Court. This process is like a normal 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 food store retailer, there are many laws which you have to adhere to for EBT. In most normal situations, many retail store owners have no problems adhering to them. However, SNAP 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 you conduct a major SNAP violation, then you might end up with a temporary or permanent disqualification. In many situations, owners of grocery stores didn’t even know the violations are even occurring. Often, unethical employees who are misusing the SNAP EBT 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 charge letter is sent to your retail store, you only have ten days to respond to the claims by the USDA. 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. Without legal experience, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers will challenge 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 does huge fines to curb violations. The USDA look to see if you have a store compliance policy. It has to be in writing at the store and in effect when the allegations were filed.
The retailer must has to be able to prove the above mentioned policy was in place before the charge, and wasn’t drafted after the violation was made. The USDA typically also looks to check if the owners benefited from the violations, or if the business owners were aware of the fraud. If the management was involved it can lead to disqualification.
It’s highly recommended any owner that receives a 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