If you accept EBT at your retail store, then you might have gotten a letter from the USDA. This notification is most likely a SNAP violation notice, which is alleging you are in violation of the SNAP program. The government will include proof to the SNAP violation notice, and it will contain transactions that happened at your retail store that the USDA is saying violates one or more groups of violations.
After you get a SNAP violation notice, you should definitely contact our legal team. Remember, you have only ten days to respond to the letter. If you choose to ignore, the government will terminate/suspend your stores ability to take EBT.
About The Program
The SNAP program provides families with funds to buy food each month. The SNAP program benefits are distributed to consumers with an EBT card. The benefits on the EBT card are not for general use, and they can’t be used for cash back transactions. The EBT cards took over for food stamps in the 1990’s and the card is issued in the state which the SNAP participant lives. The SNAP program is operated on a nationwide level by the federal 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 when a retail store violates any of the following rules.
The retail store took part intrafficking SNAP benefits. This can mean fraudulently accepting the benefits, or stealing the benefits.
Your retail store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect info on the retail stores application to accept EBT benefits.
The store took money for more coupons than actual food sales during the same period.
The employees of the store took SNAP benefits from someone who isn’t allowed to use them.
How we can help defend you against a SNAP violation notice
Spodek Law Group has immense experience managing SNAP violation letters. Our team of attorneys can handle your SNAP violation process in all 3 phases of a SNAP action.
Sending the violation letter is the initial step taken by the USDA to take away your EBT license. This comes with no warning can come at any time. The violation letter will have allegations in it, but most letters will outline serious allegations, with an attachment of details. Your response to the SNAP violation letter is due within 10 days. Once 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 notice of violation, the USDA might still believe that your store has violated the rules. If that happens, the USDA will issue another letter that specifically states the governments legal verdict to suspend or disqualify the retail store based on the accusations previously mentioned. Like before, you have 10 days to appeal this verdict. If you don’t, then you’ll be stuck with the USDA decision. After you hire our lawyers, we’ll file the appeal to notify the government we are going to appeal their decision. Our lawyers collect necessary evidence, and we will draft generate an appellate brief which contains all of the legal laws, legal evidence, etc. which is necessary to fix the outcome.
If the USDA refuses to change the legal decision, in the Administrative Review, we will file a Judicial review at the local Federal District 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’s a lot of rules and regulations 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 purchase electronic goods. If you violate the laws, you’ll get a SNAP violation letter. Snap violation penalties can result in fines, and penalties. If you conduct a major SNAP violation, then you may end up with a temporary or permanent disqualification. In most cases, store owners don’t know the violations were even occurring. Often, dishonest employees are misusing the SNAP program. If you’re accused of a SNAP violation to speak with a SNAP violation attorney in order to make sure you don’t have your benefits revoked.
When a charge letter is presented to your retail store, you have only 10 days to respond to the allegations. Your failure to respond will permanently harm your store. In addition, the USDA will deliver a verdict even though 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 the ability to fight for your rights. Our lawyers can discredit 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 does large fines to curb violations. The USDA look to see if you have a store compliance policy. The policy must be in writing at the store and the policy must be at the time the allegations were filed.
The grocery store must has to be able to prove the above mentioned policy was in existence before the allegations, and was not drafted after the violation letter. The USDA typically also looks to check if the owners benefited in any way from the fraud, or if the owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
It’s highly recommended any store owner that receives a allegation 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.
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