If you’re a retailer who accepts EBT at your retail store, then may have been the recipient of a a official warning from the USDA. This letter is probably a SNAP violation letter, which is stating you violated the SNAP program. The USDA will include proof to the SNAP violation letter, and it will have records of transactions that happened at your grocery store that the government claims violates one or more genres of violations.
The first thing after you get a SNAP violation notice, you must speak to our our legal team. Remember, you have only ten days to respond to the letter. If you choose to ignore, the USDA will terminate/suspend your stores privilege to accept EBT payments.
About The SNAP Program
This program helps families with get food each month. The SNAP program benefits are distributed to consumers through an EBT card. The funds on the card cannot be used for general use, and they can’t 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 program is run on a nationwide level by the government.
The government and the benefits that come with it are governed by the US 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 if and when a store is in violation of the rules below.
The store was involved intrafficking SNAP benefits. Examples of this is fraudulently accepting the benefits, or stealing the benefits.
The grocery store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false info on the grocery stores application to accept EBT benefits.
The store took money for more coupons than actual food sales at the same time.
Your employees took SNAP benefits from someone who isn’t allowed to use them.
How to defend your store against a SNAP violation
Our law firm has experience managing SNAP violation letters. Our team of attorneys can handle your SNAP violation process in all phases of a SNAP violation action.
Sending the letter is the initial step taken by the USDA to take away your EBT license. This comes with, or without, prior warnings and can appear at any time. The violation letter will have allegations in it, but most letters will mention 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, 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 violation letter, the USDA may still decide that a violation has occurred. If that happens, the USDA will 100% issue a second letter that specifically states the governments legal verdict to suspend or disqualify the grocery store based on the alleged violations. You have 10 days to appeal this. If you don’t, then you’ll be stuck with the USDA decision. Once you hire our firm, our team the legal papers to notify the USDA appeal the decision. We’ll collect necessary evidence, and our team will draft the necessary appeals briefs containing all of the legal laws, legal evidence, etc. which is needed to fix the outcome.
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 Court. This process 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 which you have to adhere to for EBT. In most cases, many grocery store owners don’t run into problems. However, the SNAP program 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. As a retailer, if you violate the laws, you should expect getting a SNAP violation letter. Penalties of violating SNAP can result in severe and business crushing penalties. If you conduct a serious violation, then you might end up with a temporary or permanent disqualification. In many situations, owners of grocery stores didn’t even know SNAP violations are even happening. In many situations, dishonest employees are misusing the SNAP EBT program. It’s helpful to consult with a SNAP violation appeals lawyer to make sure you don’t have your benefits revoked.
When a charge letter is sent to your store, you have only ten days to respond to the claims. Your failure to respond to the violations will permanently crush your store. If you don’t respond the USDA will make a verdict even though you don’t respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you a fighting change. Our lawyers will challenge the findings 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 does huge fines to curb violations. The USDA will look to see if you have a store compliance policy in place. It has to be in writing at the store and the policy must be when the allegations were filed.
The retailer also has to be able to prove the above mentioned policy was in place before the charge, and wasn’t drafted after the violation was made. The USDA typically also looks in order to see if the retail store owners benefited from the violations, or if the business owners were aware of the fraud. Any involvement of the management can lead to disqualification.
We highly recommend any store 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