If you’re a retailer who accepts EBT at your grocery store, then it’s possible have gotten a notice from the USDA. This notification is probably a SNAP violation notice, which is alleging you are in violation of the SNAP program. The USDA will attach a number of pages to the SNAP violation letter, which will contain records of transactions which happened at your retail store which the USDA is saying is in violation of one or more genres of violations.
The first thing after you get a SNAP violation notice, you should definitely 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 stores privilege to accept EBT payments.
About The SNAP Program
The SNAP program provides families with money each month. The SNAP program benefits are distributed through an EBT card. The funds on this card cannot be used for general usage, and they can’t be used for cash back services. The cards took the place of food stamps in the 1990’s and the card is issued by each state individually where the consumer lives. The SNAP program is operated on a national level by the government.
This government and it’s benefits 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 counts as a SNAP violation
Snap violations happen if and when a store is in violation of the following rules.
The retail store was involved intrafficking SNAP benefits. This can mean fraudulently accepting benefits, or stealing the benefits.
The retail store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false information on the grocery stores application to accept EBT benefits.
The grocery store redeemed more EBT food stamps than food sales during the same period.
Your employees took 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 handling SNAP appeals letters. We can handle your SNAP Violation appeal in all phases of a SNAP action.
Sending the letter is the initial step taken by the USDA to take away your EBT license. This comes with no warning and can happen at any time. The charging letter will have allegations in it, but most of them will lay out violations, and have attached documents detailing the violations. You have only 10 days to respond. After 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.
Once the USDA reviews your answer to the notice of violation, the USDA may still believe that a violation has occurred. If this happens, they’ll will issue a second letter that specifically states their legal verdict to suspend or disqualify the grocery store based on the allegations set forth. You have 10 days to appeal this. If you don’t, then you’ll be unable to protest the USDA decision. After you hire our firm, our team the necessary paperwork to notify them appeal the decision. Our lawyers collect necessary evidence, and we will draft generate the necessary appeals briefs containing all of the legal laws, evidence, etc. which is critical to fix the outcome.
In the event the USDA refuses to overturn the legal decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal Court. The Judicial Appeal is like a normal court case, where you’ll be able to do discovery, file motions, and have a trial. We 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 normal situations, many retail store owners have no issues 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. Snap violation penalties can result in fines, and penalties. If it’s believed you did a major violation, then you may end up with either a permanent or temporary disqualification. In most cases, store owners don’t know the violations are even occurring. Often, it’s dishonest employees are misusing the SNAP program. If you’re accused of a SNAP violation to consult with a SNAP violation appeals lawyer in order to make sure you don’t have your benefits revoked.
When a charge letter is sent to your store, you only have 10 days to respond to the claims. Your failure to respond to the violations will permanently harm your store. If you don’t respond the USDA will generate a verdict even though you don’t respond to the allegations. Without legal experience, you cannot defend your store. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers will fight the decision 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 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. The policy has to be in writing and the policy must be at the time the allegations were filed.
The retailer 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 in order to check if the retail store owners benefited in any way from the fraud, or if the owners were aware of the fraud. Any involvement of the management can lead to disqualification.
We highly recommend any store 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