If you’re a retailer who accepts EBT at your grocery store, then may have received a official warning from the USDA. This notice is most likely a SNAP violation notice, which is stating you have violated the SNAP program. The USDA will attach a number of pages to the SNAP violation notice, which will contain transactions which occurred at your store that the USDA claims violates 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 don’t respond, the government will terminate/suspend your stores privilege to accept EBT.
About The Program
The SNAP program helps families with money each month. These benefits are distributed via an EBT card. The SNAP benefits on the EBT card aren’t for general use, and they can’t be used for fraudulent cash back transactions. The cards took the place of food stamps in the 1990’s and are issued in the state where the consumer lives. The SNAP program is operated on a nationwide level by the government.
This government 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 counts as a SNAP violation
Snap violations occur when a retail store is in violation of the following rules.
The store is accused ofthe trafficking of SNAP benefits. Examples of this is fraudulently accepting the benefits, or stealing the benefits.
Your retail store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect information on your store’s application to accept EBT benefits.
The grocery store redeemed more coupons than sale of actual food over the same period.
The employees of the store have taken SNAP benefits from someone who shouldn’t be allowed to use the benefits.
How we can help defend you against a SNAP violation notice
Spodek Law Group has experience managing SNAP violations letters. Our law firm can handle your SNAP Violation appeal in all phases of a SNAP violation action.
Sending the violation letter is the initial step taken by the USDA to remove your right to take EBT benefits. This comes with, or without, prior warnings can come at any time. The violation letter has a variety of allegations, but most of them will detail serious allegations, and have attached documents detailing the violations. You have only 10 days to respond. 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 SNAP violation letter, the USDA might still feel that a violation has occurred. If this happens, the USDA will issue a second letter that specifically states their legal verdict to suspend or disqualify the retail store based on the alleged violations. You have 10 days to appeal this. If you choose not to, then you’ll be unable to protest the USDA decision. Once you hire our law firm, we file the legal papers and notify them we are going to appeal their decision. We’ll collect necessary evidence, and we will draft generate the necessary appeals briefs containing all of the case law, evidence, etc. which is necessary to change the outcome of the violations.
In the event the USDA refuses to change the binding decision, in the Administrative Review, we will file a Judicial review at the local Federal District Court. This next phase is like a normal 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 food store retailer, there are many laws you have to adhere to for EBT. In most cases, many grocery store owners have no problems adhering to them. 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 buy electronic goods. As a retailer, if you violate the laws, you should expect getting a SNAP violation letter. Penalties of violating SNAP can result in severe and business crushing penalties. If you conduct a major SNAP violation, then you might end up with a temporary or permanent disqualification. In many situations, store owners didn’t even know SNAP violations are even occurring. Often, unethical employees who are misusing the SNAP program. If you’re accused of a SNAP violation to consult with a SNAP violation appeals lawyer to make sure you don’t have your benefits revoked.
When a SNAP violation letter is delivered to your retail store, you have only ten days to respond to the claims by the USDA. Your failure to respond will permanently crush your store. If you don’t respond the USDA will deliver 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. Hiring a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers will discredit the findings of the USDA and fight any penalties. The financial penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully does large fines to curb violations. The USDA look to see if you have a store compliance policy. It must be in writing and in effect at the time the allegations were filed.
The store owner also 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 will also look in order to see 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.
We highly recommend any store that gets a letter speak to 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.