If you’re a retailer who accepts EBT at your retail store, then may have been the recipient of a a official warning from the USDA. The letter is most likely a SNAP violation letter, which is claiming you are in violation of the SNAP program. The government will attach a number of pages to the SNAP violation notice, and it will have transactions that happened at your retail store which the USDA is saying violates one or more groups of violations.
The first thing after you get a SNAP violation letter, you should definitely speak to our our legal team. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the government will suspend your grocery store’s ability to accept EBT payments.
About The SNAP Program
This program provides families with a certain amount of money each month. The SNAP program benefits are given through an EBT card. The benefits on the card cannot legally be used for general use, and they can’t be used for cash back transactions. The EBT cards took the place of food stamps in the 1990’s and are issued in the state which the SNAP participant lives. The program is run on a national level by the government.
The 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 does it mean to have a SNAP violation
SNAP legal violations happen when a store violates any of the following rules.
The grocery store took part intrafficking SNAP benefits. Examples of this is fraudulently accepting the 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 incorrect information on your grocery stores application to accept EBT benefits.
Your store redeemed more coupons than actual food sales during the same period.
Your employees took SNAP benefits from someone who shouldn’t be allowed to use the benefits.
Defending against a SNAP Violation Letter
Our law firm has experience handling SNAP violation letters. Our team of attorneys can handle your SNAP violation process in all 3 phases of a SNAP action.
The charging letter is the first step which is going to be taken by USDA to take away your right to take EBT benefits. This comes with, or without, prior warnings and can appear at any time. The violation letter has a variety of allegations, but most letters will outline violations, and have attached documents detailing the violations. You have only 10 days to respond. After you hire Spodek Law Group, 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 your store has violated the rules. If this happens, they’ll will definitely send a second letter that outlines their decision to suspend or disqualify the grocery store based on the alleged violations. Like before, you have 10 days to appeal the decision. If you don’t, then you’ll be unable to protest the USDA decision. After you hire our law firm, we’ll file the legal papers and notify the USDA 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, legal evidence, etc. which is critical to change the outcome of the violations.
If the USDA refuses to override the binding decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal Court. This next phase is like a normal 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 grocery store retailer, there are many laws you have to adhere to for EBT. In most normal situations, 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 limitations. For example, people getting SNAP benefits cant purchase electronic goods. As a retailer, if you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can include fines and penalties. If it’s believed you did a major SNAP violation, then you may end up with a temporary or permanent disqualification. In most cases, store owners didn’t know SNAP violations are even happening. In many situations, 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 sent to your grocery store, you have only ten days to respond to the claims. Failure to respond will permanently crush your store. In addition, the USDA will make a verdict even if you choose not to 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 lawyers can fight the findings of the USDA and fight any decision. The penalties imposed can be huge – 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 look to see if you have a store compliance policy in place. It has to be in writing at the store and in effect at the time the allegations were filed.
The retailer must be able to prove the compliance policy was in place before the charge, and was not drafted after the violation letter. The USDA typically also looks in order to check if the grocery store owners benefited from the violations, or were aware of the violation. Any involvement of the management can lead to disqualification.
It’s highly recommended any grocery store owner that receives a letter speak to 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