If you accept EBT at your grocery store, then may have been the recipient of a a letter from the USDA. The notification is probably a SNAP violation notice, which is claiming you have violated the SNAP program. The government will include proof to the SNAP violation notice, and it will contain records of transactions which happened at your 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 letter, you should speak to our our law firm. Remember, you have only ten days to respond to the letter. If you choose to ignore, the USDA will suspend your stores privilege to take EBT.
About The SNAP Program
This program helps families with money each month. The SNAP program benefits are given through an EBT card. The funds on the card cannot legally be used for general usage, and they cannot be used for cash back transactions. The EBT cards took the place of food stamps in the 1990’s and the card is issued in the state which the SNAP participant lives. This program is operated on a national level by the government.
This program 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 does it mean to have a SNAP violation
SNAP legal violations happen when a store is in violation of the rules below.
The retail store took part intrafficking SNAP benefits. Examples of this is fraudulently accepting benefits, or theft of the benefits.
The grocery store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false info on your grocery stores application to accept EBT benefits.
The store redeemed more coupons than actual food sales during the same period.
Your employees took SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
Defending against a SNAP Violation Letter
Spodek Law Group has immense experience handling SNAP appeals letters. We can handle your SNAP violation process in all 3 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 letter may come with no warning and can appear at any time. The charging letter has a variety of allegations, but most of them will mention violations, have evidence attached proving the violations. 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 violation letter, the USDA might still believe that a violation has occurred. If that happens, the USDA will definitely send another letter which specifically states the agencies 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 stuck with the USDA decision. After you hire our firm, our team the legal papers to notify them appeal the decision. We’ll collect necessary evidence, and our team will generate an appellate brief which contains all of the legal laws, evidence, etc. which is critical to fix the outcome.
In the event the USDA refuses to change the violation claim, in the Administrative Review, we’ll file a Judicial review at the local Federal Court. This process is like a normal court case, where you’ll be able to do discovery, file motions, and have a trial. Our law firm can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there are many laws have to obey in order to accept EBT. In most normal situations, many grocery store owners have no issues adhering to them. However, USDA’s SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, people getting SNAP benefits cant purchase electronic goods. If you violate the laws, you’ll 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 might end up with a temporary or permanent disqualification. In most cases, owners of grocery stores didn’t even know SNAP violations are even happening. Often, unethical employees who are misusing the SNAP program. It’s helpful to consult with a SNAP violation lawyer in order to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is delivered to your grocery store, you only have 10 days to respond to the claims by the USDA. Your failure to respond to the violations will permanently crush your store. If you don’t respond the USDA will generate a verdict even if you don’t respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you a fighting change. Our lawyers can fight the decision of the USDA and appeal any penalties. The fines imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose imposes large fines to in order to curb future violations. The USDA will typically look to see if you have a compliance policy in place. The policy must be in writing and in effect when the allegations were filed.
The grocery store must be able to prove the above mentioned policy was in existence before the allegations, 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 were aware of the violation. If the managers were involved, it can lead to disqualification.
We highly recommend any store owner that gets a violation 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