If you accept EBT at your retail store, then it’s possible have been the recipient of a a letter of warning from the USDA. This notice is probably a SNAP violation notice, which is stating you 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 retail store that the government is saying violates one or more categories of violations.
After you get a SNAP violation notice, you must speak to our our law firm. Remember, you have only ten days to respond to the letter. If you don’t respond, the USDA will suspend your grocery store’s ability to accept EBT payments.
About The SNAP Program
This program provides families with get food each month. These benefits are distributed to consumers with an EBT card. The benefits on the card aren’t for general usage, and they can’t be used for fraudulent cash back transactions. The EBT cards took over for food stamps in the 1990’s and the card is issued by each state individually where the recipient lives. This program is run on a nationwide level by the federal government.
The federal and the benefits that come with it 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 store violates any of the rules below.
The grocery store is accused oftrafficking SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or theft of the benefits.
The grocery store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect info on the store’s application to accept EBT benefits.
Your grocery store redeemed more EBT food stamps than food sales during the same period.
Your employees took SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
How we can help defend you against a SNAP violation notice
Spodek Law Group has experience handling SNAP violations letters. We can handle your SNAP violation process in all 3 phases of a SNAP violation action.
The charging letter is the first step which is going to be taken by USDA to remove your EBT license. This letter may come with, or without, prior warnings can come at any time. The violation letter contain details about alleged violations, but most letters will lay out violations, and have attached documents detailing the violations. Your response to the SNAP violation letter is due within 10 days. After you hire our law firm, our lawyers 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 SNAP violation letter, the USDA might still feel that a violation has occurred. If that happens, the USDA will definitely send a second letter which specifically states the agencies decision to suspend or disqualify the grocery store based on the alleged violations. Like before, you have ten days to appeal this verdict. If you don’t, then you’ll be stuck with the USDA decision. Once you hire our firm, we’ll file the legal papers to notify them we are going to appeal their decision. Our lawyers collect necessary evidence, and our team will draft an appellate brief containing all of the legal laws, evidence, etc. which is necessary to overturn the decision.
If the USDA refuses to overturn the legal decision, in the Administrative Review, we’ll file a Judicial review at the local Federal Court. This next phase is like a normal federal court case, where you’ll be able to do discovery, file motions, and have a trial. Our attorneys 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 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, people getting SNAP benefits cant buy electronic goods. If you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can include fines and penalties. If you conduct a major SNAP violation, then you might end up with either a permanent or temporary disqualification. In many situations, owners of grocery stores don’t know the violations were even happening. In many situations, it’s dishonest employees are misusing the SNAP EBT program. It’s helpful to speak with a SNAP violation attorney to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your retail store, you have only 10 days to respond to the violations. Your failure to respond will permanently harm your store. If you don’t respond the USDA will make a verdict even though you don’t respond to the allegations. In the absence of a SNAP violation attorney, you cannot defend your store. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers can fight the decision of the USDA and fight any decision. The financial penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose imposes large fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. The policy has to be in writing and in effect at the time the allegations were filed.
The grocery store also 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 to see if the owners benefited from the violations, or if the owners were aware of the fraud. Any involvement of the management can lead to disqualification.
We highly recommend any owner 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.
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