If you accept EBT at your grocery store, then you might have gotten a letter of warning from the USDA. The notification is most likely a SNAP violation letter, which is stating you have violated the SNAP program. The USDA will include proof to the SNAP violation letter, which will contain records of transactions which happened at your store that the USDA claims violates one or more categories of violations.
After you get a SNAP violation notice, you should definitely contact our legal team. 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 SNAP Program
This program provides families with money each month. These benefits are distributed through an EBT card. The funds on the card are not for general use, and they cannot be used for cash back services. The EBT cards took the place of food stamps in the 1990’s and are issued in the state which the SNAP participant lives. This program is run on a national level by the federal government.
This government and it’s parameters 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 retail store is in violation of the rules below.
The retail store took part inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting the benefits, or theft of the benefits.
The retail store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false information on the store’s application to accept EBT benefits.
Your grocery store redeemed more EBT food stamps than food sales during the same period.
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 immense experience managing SNAP appeals letters. Our team of attorneys can handle your SNAP violation process in all 3 phases of a SNAP Violation action.
The charging letter is the initial step which is going to be taken by USDA to take away your EBT license. This letter may come with, or without, prior warnings can come at any time. The SNAP violation letter has a variety of allegations, but most of them will detail violations, with an attachment of details. You have only 10 days to respond. After 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.
Once the USDA reviews your answer to the notice of violation, the USDA might still believe that a violation has occurred. If that happens, they’ll will definitely send a second letter which specifically states the agencies decision to suspend or disqualify the grocery store based on the allegations set forth. You have 10 days to appeal this. If you don’t, you’ll be unable to protest the USDA decision. After you hire our firm, we file the appeal to notify them we are going to appeal their decision. We’ll gather necessary evidence, and our team will draft an appellate brief which contains all of the legal laws, legal evidence, etc. which is needed to change the outcome of the violations.
If the USDA refuses to override the violation claim, in the Administrative Review, we’ll file a Judicial review at the local Federal District Court. The Judicial Appeal is like a normal case, where you’ll have to do standard processes like discovery, file motions, and have a trial. Our lawyers can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there are many laws have to obey in order to accept EBT. In most normal situations, many retail store owners don’t run into problems. 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, SNAP recipients cant get electronic goods. If you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can result in severe and business crushing penalties. If you conduct a major violation, then you may end up with a temporary or permanent disqualification. In most cases, owners of grocery stores don’t know the violations are even happening. In many situations, it’s dishonest employees who are misusing the SNAP program. It’s helpful to consult with a SNAP violation lawyer to make sure you don’t have your benefits revoked.
When a SNAP violation letter is delivered to your grocery store, you have only 10 days to respond to the claims by the USDA. Failure to respond will permanently crush your store. In addition, the USDA will generate a verdict even if you choose not to respond to the allegations. Without legal experience, you cannot defend your store. Retaining a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers can fight 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 on purpose does large fines to in order to curb future violations. The USDA will look to see if you have a store compliance policy in place. It has to be in writing at the store and in effect when the allegations were filed.
The grocery store also 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 will also look to check if the owners benefited from the violations, or if the business owners were aware of the fraud. Any involvement of the management can lead to disqualification.
It’s highly recommended any owner that gets 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