If you’re a retailer who accepts EBT at your grocery store, then may have gotten a official warning from the USDA. This notice is most likely a SNAP violation letter, which is claiming you violated the SNAP program. The USDA will attach a number of pages to the SNAP violation letter, and it will contain transactions that occurred at your retail store which the USDA claims violates one or more categories of violations.
The first thing after you get a SNAP violation letter, you must contact our legal team. Remember, you have only ten days to respond to the letter. If you choose to ignore, the government will suspend your grocery store’s ability to accept EBT payments.
About The SNAP Program
The SNAP program provides families with get food each month. These benefits are given through an EBT card. The SNAP benefits on the EBT card cannot be used for general use, and they can’t be used for fraudulent cash back services. 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. The program is operated on a national level by the federal government.
The SNAP program and it’s benefits 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 violations happen when a grocery store violates any of the rules below.
The store is accused ofthe trafficking of SNAP benefits. This can mean fraudulently accepting the benefits, or stealing the benefits.
Your grocery store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect 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.
Your employees accepted SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
How we can help defend you against a SNAP violation notice
Our law firm has experience managing SNAP violations letters. We can handle your SNAP violation process in all 3 phases of a SNAP violation action.
The charging letter is the first step which is going to be taken by USDA to take away your EBT license. The letter can come with no warning and can appear at any time. The charging letter has a variety of allegations, but most of them will detail violations, have evidence attached proving the violations. You have only 10 days to respond. After 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 feel that a violation has occurred. If that happens, the USDA will issue another letter that outlines their decision to suspend or disqualify the grocery store based on the alleged violations. You have 10 days to appeal this. If you choose not to, you’ll be unable to protest the USDA decision. Once you hire our law firm, our team the necessary paperwork and notify the government appeal the decision. Our lawyers collect necessary evidence, and our team will generate an appellate brief which contains all of the legal laws, legal evidence, etc. which is necessary to fix the outcome.
In the event the USDA refuses to change the violation claim, in the Administrative Review, our lawyers will file a Judicial review at the local Federal District Court. This next phase is like a normal federal court 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 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, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limits on how the funds can be used. For example, people getting SNAP benefits cant get electronic goods. If you violate the laws, you’ll get a SNAP violation letter. Snap violation penalties can result in fines, and penalties. If it’s believed you did a major SNAP violation, then you might end up with a temporary or permanent disqualification. In many situations, store owners didn’t even know the violations are even happening. In many situations, dishonest employees who 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 SNAP violation letter is presented to your grocery store, you only have 10 days to respond to the claims. Failure to respond will permanently harm your store. If you don’t respond the USDA will deliver a verdict even though you choose not to respond to the allegations. Without legal experience, you cannot defend your store. Retaining a SNAP violation lawyer gives you a fighting change. Our lawyers can fight the decision of the USDA and fight any decision. The penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose does huge fines to curb violations. The USDA look to see if you have a store compliance policy. The policy has to be in writing and in effect at the time the allegations were filed.
The store owner 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 will also look in order to see if the retail store owners benefited in any way from the fraud, or if the owners were aware of the fraud. Any involvement of the management can lead to disqualification.
It’s highly recommended any grocery store owner that receives a violation 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