If you accept EBT at your retail store, then may have been the recipient of a a official warning from the USDA. The notification is most likely a SNAP violation notice, which is stating you are in violation of the SNAP program. The USDA will include proof to the SNAP violation letter, which will contain transactions that occurred at your retail store that the government is saying violates one or more groups of violations.
The first thing after you get a SNAP violation notice, you should 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 suspend your stores privilege to accept EBT.
About The SNAP Program
The SNAP program provides families with a certain amount of money each month. The SNAP program benefits are given with an EBT card. The funds on the card are not for general usage, and they cannot be used for fraudulent cash back transactions. The EBT cards took over for food stamps in the 1990’s and the card is issued in the state where the recipient lives. The program is operated on a national level by the federal government.
This program 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 legal violations happen when a retail store is in violation of the rules below.
The retail store is accused oftrafficking SNAP benefits. This can mean fraudulently accepting the benefits, or stealing the benefits.
The retail store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false info on your grocery stores application to accept EBT benefits.
Your grocery store redeemed more EBT food stamps than actual food sales at the same time.
Your employees accepted SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
Defending against a SNAP Violation Letter
Our law firm has experience handling SNAP appeals letters. Our law firm can handle your SNAP Violation appeal in all phases of a SNAP action.
The charging letter is the first step taken by the USDA to remove your right to take EBT benefits. This comes with, or without, prior warnings and can happen at any time. The charging letter contain details about alleged violations, 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 SNAP violation letter, the USDA might still believe that a violation has occurred. If this happens, they’ll will issue another letter which specifically states the agencies legal verdict to suspend or disqualify the store based on the allegations set forth. You have 10 days to appeal this. If you choose not to, you’ll be stuck with the USDA decision. Once you hire our firm, we file the legal papers and notify them appeal the decision. Our lawyers collect necessary evidence, and our team will draft an appellate brief containing all of the legal laws, legal evidence, etc. which is needed to change the outcome of the violations.
In the event the USDA refuses to override the decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal District Court. This next phase is like a normal court case, where you’ll have to do standard processes like discovery, file motions, and have a trial. Our law firm can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there’s a lot of rules and regulations you have to adhere to for EBT. In most cases, many retail 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 get electronic goods. If, and when, you violate the laws, you’ll probably get a SNAP violation letter. Penalties of violating SNAP can include fines and penalties. If you conduct a major SNAP violation, then you might end up with either a permanent or temporary disqualification. In many situations, store owners don’t know the violations are even happening. In many situations, it’s dishonest employees are misusing the SNAP EBT program. If you’re accused of a SNAP violation to discuss your case with a SNAP violation attorney to ensure sure you don’t have your benefits revoked.
When a charge letter is delivered to your grocery store, you have only 10 days to respond to the allegations. Failure to respond to the allegations will permanently harm your store. If you don’t respond the USDA will deliver 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. Retaining a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers will discredit the decision of the USDA and appeal any decision. The financial penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose chooses to impose large fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. The policy must be in writing and the policy must be at the time the violations were filed.
The store owner also has to be able to prove the compliance policy was in existence before the allegations, and was not drafted after the violation letter. The USDA typically also looks to see if the grocery store owners benefited from the violations, or if the business owners were aware of the fraud. If the management was involved it can lead to disqualification.
It’s highly recommended any store 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