If you accept EBT at your grocery store, then you might have been the recipient of a a letter from the USDA. This notification is most likely a SNAP violation letter, which is stating you violated the SNAP program. The USDA will attach a number of pages to the SNAP violation notice, which will contain records of transactions which happened at your grocery store which the government is saying violates one or more groups of violations.
The first thing after you get a SNAP violation letter, you must speak to our our law firm. Remember, you have only ten days to respond to the letter. If you choose to ignore, the USDA will suspend your stores privilege to take EBT.
About The Program
The SNAP program provides families with money each month. The SNAP program benefits are given with an EBT card. The SNAP benefits on the EBT card cannot be used for general use, and they can’t be used for cash back transactions. The EBT cards took the place of food stamps in the 1990’s and the card is issued in the state which the SNAP participant lives. The program is run on a nationwide level by the government.
The SNAP government and it’s benefits are governed 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 store is in violation of the rules below.
The grocery store is accused ofthe trafficking of SNAP benefits. Examples of this is fraudulently accepting the benefits, or theft of the benefits.
The grocery store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false info on the retail stores application to accept EBT benefits.
The store redeemed more EBT food stamps than sale of actual food during the same period.
Your employees took SNAP benefits from someone who isn’t allowed to use them.
How we can help defend you against a SNAP violation notice
Spodek Law Group has immense experience handling SNAP violation letters. We can handle your SNAP violation process in all 3 phases of a SNAP action.
The charging letter is the initial step which is taken by the USDA USDA to remove your right to take EBT benefits. The letter can come with, or without, prior warnings and can appear at any time. The charging letter has a variety of allegations, but most letters will outline serious allegations, and have attached documents detailing the violations. Your response to the SNAP violation letter is due within 10 days. Once you hire our law firm, 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 this happens, they’ll will definitely send a second letter which outlines their decision to suspend or disqualify the retail store based on the accusations previously mentioned. Like before, you have ten days to protest the decision. If you don’t, you’ll be stuck with the USDA decision. Once you hire our firm, we’ll file the appeal to notify the USDA we are going to appeal their decision. We’ll gather necessary evidence, and we will draft draft 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 override the decision, in the Administrative Review, we will file a Judicial review at the local Federal District Court. The Judicial Appeal is like a normal federal court 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 grocery store retailer, there are many laws which you have to adhere to for EBT. In most cases, many retail store owners don’t run into problems. However, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, people getting SNAP benefits cant purchase electronic goods. If you violate the laws, you’ll get a SNAP violation letter. Penalties of violating SNAP can result in severe and business crushing penalties. If it’s believed you did a major SNAP violation, then you may end up with either a permanent or temporary disqualification. In most cases, owners of grocery stores didn’t know SNAP violations were even occurring. Often, unethical employees who are misusing the SNAP EBT program. It’s helpful to discuss your case 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 store, you only have 10 days to respond to the claims by the USDA. Your failure to respond to the violations will permanently harm your store. If you don’t respond the USDA will make a verdict even if you don’t 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 findings of the USDA and fight any decision. The fines imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully chooses to impose huge fines to in order to curb future violations. The USDA look to see if you have a store compliance policy. The policy must be in writing and in effect at the time the violations were filed.
The retailer also has to be able to prove the above mentioned policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA will also look 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 grocery store owner that receives a 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