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If you accept EBT at your grocery store, then it’s possible have received a notice from the USDA. This letter is most likely a SNAP violation notice, which is alleging you are in violation of the SNAP program. The government will attach a number of pages to the SNAP violation notice, which will contain records of transactions that happened at your grocery store that the government is saying violates one or more categories of violations.

The first thing after you get a SNAP violation notice, you must contact our legal team. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the government will suspend your grocery store’s ability to accept EBT.

About The SNAP Program

The SNAP program provides families with a certain amount of money each month. The SNAP program benefits are given via an EBT card. The SNAP benefits on the EBT card are not for general usage, and they can’t 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 where the recipient lives. The program is operated on a nationwide level by the federal government.

The SNAP government and the benefits that come with it are governed by the US Code and the Code of Federal Regulations. The USDA FNS agency enforces the regulations and runs the program.

What’s a SNAP Violation

SNAP legal violations occur when a grocery store violates any of the following rules.

The grocery store took part 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 info on the grocery stores application to accept EBT benefits.

Your store took money for more coupons than actual food sales at the same time.

Your employees have taken SNAP benefits from someone who shouldn’t be allowed to use the benefits.

Defending against a SNAP Violation Letter

Spodek Law Group has experience handling 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 first step which is taken by the USDA USDA to remove your EBT license. The letter can come with, or without, prior warnings can come at any time. The violation letter will contain allegations, but most letters will detail serious allegations, have evidence attached proving the violations. Your response to the SNAP violation letter is due within 10 days. After you hire our law firm, 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.

After reviewing the store’s answer to the notice of violation, the USDA may still decide that a violation has occurred. If that happens, they’ll will issue a second letter that outlines the agencies legal verdict to suspend or disqualify the grocery store based on the accusations previously mentioned. You have 10 days to appeal this. If you don’t, then you’ll be unable to protest the USDA decision. Once you hire our lawyers, our team the appeal and notify the government we are going to appeal their decision. Our lawyers collect necessary evidence, and we will draft draft an appellate brief containing all of the legal laws, legal evidence, etc. which is needed to fix the outcome.

In the event the USDA refuses to overturn the legal decision, in the Administrative Review, we will file a Judicial review at the local Federal Court. The Judicial Appeal is like a normal federal court case, where you’ll have to do standard processes like 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 which you have to adhere to for EBT. In most cases, many retail store owners don’t run into problems. 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 buy electronic goods. If, and when, 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 serious violation, then you might end up with a temporary or permanent disqualification. In most cases, store owners didn’t know the violations were even occurring. In many situations, unethical employees are misusing the SNAP program. It’s helpful to discuss your case with a SNAP violation attorney in order to make sure you don’t have your benefits revoked.

When a SNAP violation letter is delivered to your grocery store, you only have ten days to respond to the claims by the USDA. Your failure to respond to the violations will permanently harm your store. In addition, the USDA will make a verdict even though you choose not to 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 financial penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose chooses to impose large fines to in order to curb future violations. The USDA will typically look to see if you have a compliance policy in place. It has to be in writing at the store and the policy must be at the time the violations were filed.

The retailer must 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 typically also looks to check if the grocery 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 grocery store owner that gets a letter consult 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.

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