If you’re a retailer who accepts EBT at your retail store, then it’s possible have received a letter of warning from the USDA. The letter is most likely a SNAP violation notice, which is alleging you violated the SNAP program. The government will include proof to the SNAP violation notice, and it will have transactions that happened at your store which the USDA is saying violates one or more categories of violations.
After you get a SNAP violation notice, you should contact our law firm. Remember, you have only ten days to respond to the letter. If you don’t respond, the government will terminate/suspend your stores privilege to take EBT.
About The SNAP Program
The SNAP program helps families with money each month. These benefits are distributed through an EBT card. The benefits on the card are not for general usage, and they cannot be used for cash back services. The cards took over for food stamps in the 1990’s and are issued by each state individually where the consumer lives. The SNAP program is run on a nationwide level by the federal government.
This program 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’s a SNAP Violation
SNAP legal violations happen when a retail store is in violation of the following rules.
The store took part intrafficking SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or theft of the benefits.
The grocery store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect information on your retail stores application to accept EBT benefits.
Your grocery store redeemed more coupons than food sales during the same period.
The employees of the store accepted SNAP benefits from someone who isn’t eligible to use the benefits.
Defending against a SNAP Violation Letter
Spodek Law Group has experience managing SNAP appeals letters. We can handle your SNAP Violation appeal in all phases of a SNAP violation action.
Sending the letter is the initial step taken by the USDA to take away your right to take EBT benefits. The letter can come with, or without, prior warnings and can happen at any time. The violation letter has a variety of allegations, but most of them will lay out serious allegations, have evidence attached proving the violations. Your response to the SNAP violation letter is due within 10 days. After you hire our law firm, our lawyers 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 violation letter, the USDA might still decide that a violation has occurred. If that happens, the USDA will definitely send another letter which outlines their legal verdict to suspend or disqualify the store based on the alleged violations. Like before, you have 10 days to appeal this verdict. If you don’t, then you’ll be unable to protest the USDA decision. After you hire our law firm, we’ll file the legal papers to notify the government we are going to appeal their decision. Our lawyers gather necessary evidence, and we will draft generate an appellate brief which contains all of the legal laws, evidence, etc. which is necessary to change the outcome of the violations.
In the event the USDA refuses to change the binding decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal District Court. This next phase is like a normal case, where you’ll be able to do discovery, file motions, and have a trial. Our attorneys 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, USDA’s 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 buy electronic goods. If, and when, you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can result in severe and business crushing penalties. If you conduct a serious violation, then you may end up with a temporary or permanent disqualification. In most cases, owners of grocery stores don’t even know the violations were even occurring. Often, dishonest employees are misusing the SNAP program. It’s helpful to discuss your case with a SNAP violation appeals lawyer to ensure 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 allegations. Failure to respond to the allegations will permanently harm your store. If you don’t respond the USDA will generate a verdict even if you choose not to respond to the allegations. In the absence of a SNAP violation attorney, you won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you a fighting change. Our lawyers will challenge the findings of the USDA and appeal any penalties. The financial penalties imposed can be huge – 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 will typically look to see if you have a compliance policy in place. The policy must be in writing and in effect at the time the allegations were filed.
The retailer also be able to prove the above mentioned policy was in existence before the allegations, and was not drafted after the violation letter. The USDA typically also looks to check if the grocery store owners benefited in any way from the fraud, or if the business owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
It’s highly recommended 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