If you accept EBT at your retail store, then may have been the recipient of a a official notice from the USDA. The notice is probably a SNAP violation letter, which is stating you violated the SNAP program. The government will attach a number of pages to the SNAP violation letter, and it will have records of transactions which happened at your grocery store which the USDA claims violates one or more categories of violations.
After you get a SNAP violation notice, you should definitely contact our law firm. Remember, you have only ten days to respond to the letter. If you choose to ignore, the USDA will terminate/suspend your grocery store’s ability to accept EBT payments.
About The Program
This program provides families with a certain amount of money each month. The SNAP program benefits are given through an EBT card. The SNAP benefits on the card cannot legally be used for general use, and they can’t be used for fraudulent 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 national level by the government.
The federal 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 counts as a SNAP violation
Snap violations happen if and when a grocery 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 theft of the benefits.
Your retail store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect information on your grocery stores application to accept EBT benefits.
The grocery store took money for more coupons than sale of actual food over the same period.
The employees of the store accepted SNAP benefits from someone who isn’t allowed to use them.
Defending against a SNAP Violation Letter
Spodek Law Group has experience managing SNAP appeals letters. Our team of attorneys can handle your SNAP violation process in all phases of a SNAP Violation action.
The charging letter is the initial step which is going to be taken by USDA to remove your right to take EBT benefits. The letter can come with, or without, prior warnings can come at any time. The violation letter will have allegations in it, but most of them 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 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.
Once the USDA reviews your answer to the notice of violation, the USDA might still feel that your store has violated the rules. If that happens, they’ll will issue another letter that specifically states the governments decision to suspend or disqualify the grocery store based on the accusations previously mentioned. Like before, you have 10 days to protest this decision. If you choose not to, then you’ll be stuck with the USDA decision. Once you hire our firm, we file the appeal to notify the government appeal the decision. We’ll collect necessary evidence, and we will draft draft an appellate brief containing all of the legal laws, legal evidence, etc. which is critical to overturn the decision.
In the event the USDA refuses to override the violation claim, in the Administrative Review, our lawyers will file a Judicial review at the local Federal Court. This process is like a normal case, where you’ll have to do standard processes like 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’s a lot of rules and regulations you have to adhere to for EBT. In most cases, many retail store owners have no problems 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 purchase electronic goods. If you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can result in severe and business crushing penalties. If you conduct a serious SNAP violation, then you may end up with either a permanent or temporary disqualification. In most cases, store owners didn’t even know the violations were even happening. In many situations, dishonest employees are misusing the SNAP program. It’s helpful to speak with a SNAP violation lawyer to make sure you don’t have your benefits revoked.
When a SNAP violation letter is presented to your grocery store, you have only ten days to respond to the claims by the USDA. Failure to respond to the allegations will permanently crush your store. In addition, the USDA will deliver a verdict even though you don’t respond to the allegations. In the absence of a SNAP violation attorney, you cannot defend your store. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers will challenge 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 purposefully imposes huge fines to curb violations. The USDA look to see if you have a store compliance policy. It has to be in writing and in effect at the time the violations were filed.
The grocery store must 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 in any way from the fraud, or if the business 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 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