If you’re a retailer who accepts EBT at your grocery store, then may have been the recipient of a a notice from the USDA. This notification is most likely a SNAP violation notice, which is stating you have violated the SNAP program. The USDA will include proof to the SNAP violation letter, and it will have records of transactions that occurred at your grocery store which the USDA claims is in violation of one or more groups of violations.
After you get a SNAP violation letter, you should contact our legal team. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the government will suspend your stores privilege to take EBT.
About The SNAP Program
The SNAP program helps families with a certain amount of money each month. These benefits are distributed through an EBT card. The SNAP benefits on this card aren’t for general usage, and they cannot be used for fraudulent cash back transactions. The cards took over for food stamps in the 1990’s and the card is issued in the state where the recipient lives. This program is run on a nationwide level by the government.
The 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 counts as a SNAP violation
SNAP legal violations happen when a store is in violation of the following rules.
The store is accused ofthe trafficking of SNAP benefits. This can mean fraudulently accepting the benefits, or stealing the benefits.
The retail store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect info on your grocery stores application to accept EBT benefits.
The store redeemed more EBT food stamps than sale of actual food during the same period.
The employees of the store took SNAP benefits from someone who isn’t eligible to use the benefits.
How we can help defend you against a SNAP violation notice
Spodek Law Group has immense experience handling SNAP violation letters. Our law firm can handle your SNAP Violation appeal in all 3 phases of a SNAP Violation action.
Sending the letter is the initial step taken by the USDA to remove your EBT license. This letter may come with no warning can come at any time. The SNAP violation letter will have allegations in it, 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. After you hire our law firm, 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 that happens, they’ll will issue another letter which specifically states their decision to suspend or disqualify the retail store based on the alleged violations. You have 10 days to appeal this. If you don’t, you’ll be stuck with the USDA decision. After you hire our lawyers, we file the necessary paperwork to notify the USDA we are going to appeal their decision. Our lawyers collect necessary evidence, and we will draft draft an appellate brief containing all of the case law, legal evidence, etc. which is needed to change the outcome of the violations.
In the event the USDA refuses to change the legal decision, in the Administrative Review, we’ll file a Judicial review at the local Federal District Court. This next phase is like a normal federal court case, where you’ll be able to do discovery, file motions, and have a trial. We 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 grocery store owners don’t run into problems. However, the SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, people getting SNAP benefits cant purchase electronic goods. If, and when, you violate the laws, you’ll probably 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 a temporary or permanent disqualification. In many situations, owners of grocery stores didn’t even know SNAP violations were 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 attorney in order to ensure sure you don’t have your benefits revoked.
When a charge letter is presented to your grocery store, you only have ten days to respond to the allegations. Failure to respond to the violations will permanently harm your store. In addition, the USDA will deliver a verdict even if you choose not to 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 can discredit the findings 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 on purpose does large fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. The policy has to be in writing and in effect at the time the violations were filed.
The retailer must has to be able to prove the compliance policy was in place before the charge, and was not drafted after the violation letter. The USDA typically also looks in order to check if the retail store owners benefited from the violations, or were aware of the violation. Any involvement of the management can lead to disqualification.
It’s highly recommended any store owner that receives a violation letter consult 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