If you accept EBT at your retail store, then it’s possible have received a letter from the USDA. The notification is probably a SNAP violation notice, which is alleging you are in violation of the SNAP program. The government will attach a number of pages to the SNAP violation letter, which will have records of transactions that occurred at your store that the USDA claims violates one or more genres of violations.
After you get a SNAP violation notice, you must 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 stores ability to take EBT.
About The SNAP Program
This program provides families with funds to buy food each month. These benefits are given through an EBT card. The benefits on the EBT card aren’t for general usage, and they cannot be used for cash back transactions. The EBT cards took the place of food stamps in the 1990’s and the card is issued by each state individually which the SNAP participant lives. The SNAP program is run on a nationwide level by the federal government.
This program and it’s benefits are under handled 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 legal violations occur when a store is in violation of the rules below.
The store is accused oftrafficking SNAP benefits. This can mean fraudulently accepting benefits, or theft of the benefits.
Your retail store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect information on your retail stores application to accept EBT benefits.
Your grocery store redeemed more coupons than food sales over the same period.
The employees of the store 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. We can handle your SNAP violation process in all 3 phases of a SNAP violation action.
The charging letter is the initial step which is taken by the USDA 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 SNAP 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. 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.
Once the USDA reviews your answer to the SNAP violation letter, the USDA might still believe that your store has violated the rules. If this happens, they’ll will definitely send another letter which specifically states their decision to suspend or disqualify the retail store based on the allegations set forth. Like before, you have 10 days to protest the verdict. If you don’t, you’ll be stuck with the USDA decision. After you hire our law firm, we’ll file the legal papers to notify the government appeal the decision. We’ll gather necessary evidence, and our team will draft the necessary appeals briefs containing all of the case law, evidence, etc. which is critical to change the outcome of the violations.
In the event the USDA refuses to override the binding decision, in the Administrative Review, we will file a Judicial review at the local Federal District Court. This process is like a normal case, where you’ll have to do standard processes like 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’s a lot of rules and regulations you have to adhere to for EBT. In most cases, many grocery store owners don’t run into problems. However, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant purchase electronic goods. If, and when, you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can result in severe fines. If you conduct a serious violation, then you might end up with a temporary or permanent disqualification. In most cases, store owners didn’t even know the violations are even occurring. Often, dishonest employees who are misusing the SNAP EBT program. If you’re accused of a SNAP violation to consult with a SNAP violation appeals lawyer in order to make sure you don’t have your benefits revoked.
When a charge letter is presented to your store, you only have 10 days to respond to the violations. Failure to respond to the allegations will permanently crush your store. If you don’t respond the USDA will make a verdict even though 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 SNAP appeals lawyers will fight the decision of the USDA and fight any decision. The fines imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully imposes huge fines to in order to curb future violations. The USDA will look to see if you have a store compliance policy in place. It must be in writing and the policy must be when the allegations were filed.
The retailer also has to be able to prove the compliance policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA typically also looks to check if the retail store owners benefited in any way from the fraud, or if the business owners were aware of the fraud. Any involvement of the management can lead to disqualification.
It’s highly recommended any owner that receives a violation 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