If you’re a retailer who accepts EBT at your grocery 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 violated the SNAP program. The USDA will include proof to the SNAP violation letter, and it will have transactions which occurred at your retail store which the government is saying is in violation of one or more categories 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 USDA will terminate/suspend your stores ability to take EBT.
About The SNAP Program
The SNAP program helps families with funds to buy food each month. These benefits are distributed via an EBT card. The funds on the card aren’t for general use, and they cannot be used for fraudulent cash back services. The cards took over for food stamps in the 1990’s and are issued in the state where the consumer lives. The SNAP program is operated on a nationwide level by the federal government.
This program 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 does it mean to have a SNAP violation
Snap violations happen when a retail store is in violation of the rules below.
The grocery store was involved intrafficking SNAP benefits. This can mean fraudulently accepting the benefits, or stealing the benefits.
Your grocery store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect information on your retail stores application to accept EBT benefits.
The store took money for more EBT food stamps than sale of actual food during the same period.
The employees of the store have taken SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
How to defend your store against a SNAP violation
Spodek Law Group has immense experience handling SNAP violations letters. Our law firm can handle your SNAP Violation appeal in all 3 phases of a SNAP Violation 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 and can happen at any time. The charging letter has a variety of allegations, but most letters will lay out serious allegations, and have attached documents detailing the violations. Your response to the SNAP violation letter is due within 10 days. After you hire Spodek Law Group, our lawyers 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 notice of violation, the USDA might still believe that a violation has occurred. If that happens, the USDA will definitely send another letter that outlines the governments decision to suspend or disqualify the grocery store based on the allegations set forth. Like before, you have 10 days to appeal this verdict. If you don’t, you’ll be unable to protest the USDA decision. After you hire our law firm, our team the necessary paperwork and notify them appeal the decision. Our lawyers collect necessary evidence, and our team will generate an appellate brief which contains all of the case law, legal evidence, etc. which is necessary to overturn the decision.
In the event the USDA refuses to overturn the decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal District Court. This process 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 food store retailer, there’s a lot of rules and regulations have to obey in order to accept EBT. In most normal situations, many retail store owners have no issues adhering to them. However, the SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant buy electronic goods. As a retailer, if you violate the laws, you’ll get a SNAP violation letter. Snap violation penalties can include fines and penalties. If you conduct a major SNAP violation, then you might end up with a temporary or permanent disqualification. In most cases, store owners don’t even know SNAP violations were even happening. In many situations, dishonest employees who are misusing the SNAP program. It’s helpful to speak with a SNAP violation attorney in order to make sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your retail store, you have only 10 days to respond to the allegations. Your failure to respond to the allegations will permanently crush your store. In addition, the USDA will make 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 the ability to fight for your rights. Our SNAP appeals lawyers can discredit the decision of the USDA and fight any penalties. The penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose imposes large fines to curb violations. The USDA will look to see if you have a store compliance policy in place. The policy must be in writing at the store and the policy must be 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 was not drafted after the violation letter. The USDA will also look in order to check if the retail store owners benefited in any way from the fraud, or if the owners were aware of the fraud. If the management was involved it can lead to disqualification.
We highly recommend any owner that receives a violation 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