If you accept EBT at your retail store, then you might have received a official notice from the USDA. The notice is probably a SNAP violation notice, which is alleging you violated the SNAP program. The government will attach a number of pages to the SNAP violation notice, which will have records of transactions that occurred at your store that the USDA claims violates one or more groups of violations.
After you get a SNAP violation letter, you should definitely speak to our our law firm. Remember, you have only ten days to respond to the letter. If you don’t respond, the government will terminate/suspend your stores privilege to take EBT.
About The Program
This program helps families with get food each month. The SNAP program benefits are distributed to consumers via an EBT card. The benefits on the EBT card are not for general usage, and they can’t be used for cash back services. The EBT cards took the place of food stamps in the 1990’s and are issued by each state individually where the recipient lives. This program is run on a nationwide level by the federal government.
This government and the benefits that come with it 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 legal violations occur when a grocery store violates any of the rules below.
The grocery store took part inthe trafficking of SNAP benefits. This can mean fraudulently accepting benefits, or theft of the benefits.
Your grocery store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false info on the retail stores application to accept EBT benefits.
Your store redeemed more coupons than actual food sales during the same period.
The employees of the store accepted SNAP benefits from someone who shouldn’t be allowed to use the benefits.
How we can help defend you against a SNAP violation notice
Spodek Law Group has experience handling SNAP violation letters. We can handle your SNAP Violation appeal in all phases of a SNAP action.
Sending the violation letter is the initial step which is going to be taken by USDA to take away your right to take EBT benefits. This letter may come with, or without, prior warnings can come at any time. The violation letter will have allegations in it, but most letters will detail violations, and have attached documents detailing the violations. Your response to the SNAP violation letter is due within 10 days. Once you hire Spodek Law Group, 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 violation letter, the USDA may still decide that your store has violated the rules. If this happens, the USDA will issue another letter that specifically states the agencies legal verdict to suspend or disqualify the store based on the alleged violations. Like before, you have ten days to appeal this decision. If you choose not to, you’ll be unable to protest the USDA decision. Once you hire our firm, our team the legal papers and notify them we are going to appeal their decision. Our lawyers collect necessary evidence, and we will draft draft the necessary appeals briefs containing all of the case law, legal evidence, etc. which is needed to overturn the decision.
If the USDA refuses to change the violation claim, in the Administrative Review, we will file a Judicial review at the local Federal District Court. The Judicial Appeal is like a normal 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 are many laws which you have to adhere to for EBT. In most normal situations, many grocery store owners don’t run into problems. However, USDA’s SNAP program 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 purchase electronic goods. If, and when, you violate the laws, you should expect getting a SNAP violation letter. Penalties of violating SNAP can include fines and penalties. If it’s believed you did a serious violation, then you might end up with a temporary or permanent disqualification. In many situations, store owners don’t know SNAP violations are even occurring. In many situations, it’s dishonest employees are misusing the SNAP program. It’s helpful to speak with a SNAP violation lawyer in order to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your store, you have only 10 days to respond to the allegations. Your failure to respond to the violations will permanently crush your store. In addition, the USDA will generate a verdict even if you don’t respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers will challenge the decision of the USDA and fight any penalties. The fines imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully imposes large fines to curb violations. The USDA look to see if you have a store compliance policy. The policy must be in writing and the policy must be when the violations were filed.
The grocery store also be able to prove the above mentioned policy was in existence before the allegations, and was not drafted after the violation letter. The USDA will also look to check if the owners benefited in any way from the fraud, or were aware of the violation. If the managers were involved, it can lead to disqualification.
We highly recommend any store that gets a allegation letter consult 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