If you accept EBT at your grocery store, then you might have been the recipient of a a official notice from the USDA. This letter is most likely a SNAP violation letter, which is stating you have violated the SNAP program. The government will attach a number of pages to the SNAP violation notice, which will have records of transactions which happened at your grocery store which the government claims is in violation of one or more genres of violations.
The first thing after you get a SNAP violation notice, you must contact our legal team. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the USDA will terminate/suspend your grocery store’s ability to take EBT.
About The SNAP Program
This program provides families with a certain amount of money each month. These benefits are distributed through an EBT card. The funds on the EBT card are not for general usage, and they can’t be used for cash back transactions. The cards took over for food stamps in the 1990’s and are issued in the state where the consumer lives. This program is run on a nationwide level by the government.
This federal and it’s benefits are under handled 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 occur if and when a store violates any of the following rules.
The store was involved intrafficking SNAP benefits. This can mean fraudulently accepting taking the benefits, or stealing the benefits.
The grocery store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect info on your store’s application to accept EBT benefits.
The grocery store redeemed more coupons than actual food sales at the same time.
Your employees 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 immense experience managing SNAP violations letters. Our team of attorneys can handle your SNAP violation process in all 3 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 letter may come with, or without, prior warnings and can happen at any time. The charging letter has a variety of allegations, but most letters will lay out serious allegations, with an attachment of details. Your response to the SNAP violation letter is due within 10 days. After 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 violation letter, the USDA may still feel that a violation has occurred. If that happens, they’ll will issue another letter that specifically states their decision to suspend or disqualify the retail store based on the accusations previously mentioned. Like before, you have 10 days to appeal the verdict. If you choose not to, then you’ll be stuck with the USDA decision. Once you hire our law firm, we file the necessary paperwork to notify the government we are going to appeal their decision. We’ll collect necessary evidence, and we will draft draft an appellate brief which contains all of the legal laws, legal evidence, etc. which is critical to overturn the decision.
In the event the USDA refuses to override the violation claim, in the Administrative Review, we will file a Judicial review at the local Federal Court. This next phase is like a normal federal 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 grocery store retailer, there’s a lot of rules and regulations you have to adhere to for EBT. In most cases, many grocery 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, 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 you conduct a serious violation, then you may end up with a temporary or permanent disqualification. In most cases, owners of grocery stores didn’t know SNAP violations are even happening. In many situations, dishonest employees are misusing the SNAP EBT program. If you’re accused of a SNAP violation to consult with a SNAP violation appeals lawyer in order to ensure sure you don’t have your benefits revoked.
When a charge letter is sent to your store, you have only 10 days to respond to the allegations. Your failure to respond to the allegations will permanently harm your store. If you don’t respond the USDA will deliver a verdict even though you don’t respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers can fight the decision of the USDA and fight any penalties. The financial penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully chooses to impose large fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. It must be in writing at the store and in effect when the allegations were filed.
The grocery store must 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 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 store owner that receives a 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