If you accept EBT at your grocery store, then may have gotten a official warning from the USDA. This notice is most likely 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 records of transactions which happened at your retail store which the government claims is in violation of one or more genres 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 government will suspend your stores ability to accept EBT payments.
About The Program
This program provides families with funds to buy food each month. These benefits are given with an EBT card. The funds on the card cannot legally be used for general use, and they cannot be used for fraudulent cash back services. The EBT cards took the place of food stamps in the 1990’s and are issued in the state where the consumer lives. This program is operated on a nationwide level by the government.
The government 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 violations happen when a retail store is in violation of the rules below.
The store took part intrafficking SNAP benefits. Examples of this is fraudulently accepting benefits, or stealing the benefits.
The retail store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect info on the grocery stores application to accept EBT benefits.
Your store redeemed more EBT food stamps than food sales 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
Our law firm has immense experience managing SNAP violations letters. Our law firm can handle your SNAP violation process in all 3 phases of a SNAP violation action.
Sending the letter is the first step taken by the USDA to remove your right to take EBT benefits. This letter may come with, or without, prior warnings and can appear at any time. The violation letter will have allegations in it, but most letters will lay out serious allegations, have evidence attached proving the violations. Your response to the SNAP violation letter is due within 10 days. Once you hire Spodek Law Group, we handle 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 decide that your store has violated the rules. 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 alleged violations. Like before, you have ten days to appeal this verdict. If you choose not to, then you’ll be unable to protest the USDA decision. After you hire our firm, our team the legal papers and notify the government appeal the decision. We’ll gather necessary evidence, and we will draft generate the necessary appeals briefs containing all of the legal laws, legal evidence, etc. which is necessary to fix the outcome.
In the event the USDA refuses to override the violation claim, in the Administrative Review, we’ll file a Judicial review at the local Federal Court. The Judicial Appeal is like a normal federal court case, where you’ll be able to do 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 you have to adhere to for EBT. In most normal situations, many retail store owners don’t run into problems. 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 purchase electronic goods. If, and when, you violate the laws, you’ll probably get a SNAP violation letter. Penalties of violating SNAP can result in severe fines. 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 were even happening. In many situations, it’s dishonest employees are misusing the SNAP program. It’s helpful to discuss your case with a SNAP violation attorney 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 violations. Failure to respond to the allegations will permanently harm your store. In addition, the USDA will make a verdict even if you don’t respond to the allegations. In the absence of a SNAP violation attorney, you won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers will fight the decision of the USDA and appeal any penalties. The penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose imposes large fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. The policy must be in writing and the policy must be when the allegations were filed.
The grocery store must has to be able to prove the above mentioned policy was in place before the charge, and was not drafted after the violation letter. The USDA typically also looks in order to see if the retail store owners benefited from the violations, or if the business owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
We highly recommend any owner that gets a allegation 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.