If you accept EBT at your grocery store, then may have gotten a letter of warning from the USDA. The notice is probably a SNAP violation notice, which is stating you violated the SNAP program. The government will include proof to the SNAP violation notice, which will have records of transactions that occurred at your grocery store which the government is saying is in violation of one or more genres of violations.
The first thing after you get a SNAP violation notice, you should definitely contact our legal team. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the government will terminate/suspend your stores ability to accept EBT payments.
About The Program
The SNAP program helps families with money each month. These benefits are distributed to consumers with an EBT card. The benefits on the card cannot be used 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. This program is run on a nationwide level by the federal government.
This 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’s a SNAP Violation
Snap violations occur when a grocery store is in violation of the following rules.
The retail store is accused oftrafficking 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.
Your store submitted false information on your store’s application to accept EBT benefits.
Your store took money for more coupons than sale of actual food during the same period.
The employees of the store accepted 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 experience managing SNAP violation letters. We can handle your SNAP violation process in all phases of a SNAP action.
The charging letter is the initial step which is going to be taken by USDA to remove your EBT license. This comes with no warning and can happen at any time. The SNAP violation letter will contain allegations, but most letters will mention serious allegations, with an attachment of details. You have only 10 days to respond. After you hire our law firm, we handle 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 violation letter, the USDA may still believe that your store has violated the rules. If this happens, they’ll will definitely send a second letter which outlines the governments decision to suspend or disqualify the store based on the accusations previously mentioned. Like before, you have ten days to protest this verdict. If you choose not to, then you’ll be stuck with the USDA decision. Once you hire our lawyers, we’ll file the legal papers to notify them appeal the decision. Our lawyers collect necessary evidence, and our team will generate the necessary appeals briefs which contains all of the legal laws, evidence, etc. which is necessary to change the outcome of the violations.
If the USDA refuses to override the violation claim, in the Administrative Review, we’ll file a Judicial review at the local Federal District Court. This process is like a normal court case, where you’ll be able to do discovery, file motions, and have a trial. Our lawyers can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there’s a lot of rules and regulations you have to adhere to for EBT. In most normal situations, many retail store owners don’t run into problems. However, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limits on how the funds can be used. For example, SNAP recipients cant get electronic goods. As a retailer, if you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can result in severe fines. 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 even know SNAP violations were even happening. Often, unethical employees are misusing the SNAP EBT program. It’s helpful to consult with a SNAP violation lawyer to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is presented to your retail store, you only have ten days to respond to the claims by the USDA. Your failure to respond to the allegations will permanently harm your store. In addition, the USDA will deliver a verdict even if you don’t respond to the allegations. Without legal experience, you cannot defend your store. Retaining a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers will challenge the findings of the USDA and appeal any penalties. The financial penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully chooses to impose huge fines to curb violations. The USDA look to see if you have a store compliance policy. The policy has to be in writing at the store and in effect when the allegations were filed.
The grocery store also has to 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 typically also looks to see if the retail store owners benefited in any way from the fraud, or if the business owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
We highly recommend any store owner that receives a allegation 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