If you accept EBT at your retail store, then it’s possible have received a official warning from the USDA. The notification is probably a SNAP violation letter, which is claiming you are in violation of the SNAP program. The USDA will attach a number of pages to the SNAP violation notice, which will have transactions that happened at your retail store that the USDA claims is in violation of one or more categories of violations.
The first thing after you get a SNAP violation notice, you should definitely contact our legal team. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the USDA will terminate/suspend your stores privilege to accept EBT.
About The SNAP Program
The SNAP program helps families with funds to buy food each month. These benefits are distributed via an EBT card. The SNAP benefits on this card cannot legally be used for general usage, and they cannot be used for fraudulent cash back transactions. The cards took the place of food stamps in the 1990’s and the card is issued in the state where the recipient lives. The SNAP program is operated on a nationwide level by the government.
The SNAP government and it’s benefits are governed by the United States Code and the Code of Federal Regulations. The USDA FNS agency enforces the regulations and runs the program.
What does it mean to have a SNAP violation
Snap violations occur when a retail store violates any of the rules below.
The retail store is accused oftrafficking SNAP benefits. This can mean fraudulently accepting taking the benefits, or theft of the benefits.
The grocery store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false info on your grocery stores application to accept EBT benefits.
Your store redeemed more coupons than food sales during the same period.
Your employees have taken 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 handling SNAP appeals letters. We can handle your SNAP violation process in all 3 phases of a SNAP violation action.
The charging letter is the first step which is taken by the USDA USDA to remove your right to take EBT benefits. The letter can come with no warning can come at any time. The SNAP violation letter will contain allegations, but most letters will outline serious allegations, have evidence attached proving the violations. Your response to the SNAP violation letter is due within 10 days. After 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 SNAP violation letter, the USDA might still decide that a violation has occurred. If this happens, the USDA will issue another letter that specifically states their legal verdict to suspend or disqualify the grocery store based on the accusations previously mentioned. Like before, you have 10 days to appeal the decision. If you choose not to, you’ll be stuck with the USDA decision. Once you hire our law firm, we’ll file the appeal to notify the government appeal the decision. We’ll collect necessary evidence, and our team will generate an appellate brief containing all of the legal laws, evidence, etc. which is necessary to fix the outcome.
If the USDA refuses to override the violation claim, 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 lawyers can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there are many laws you have to adhere to for EBT. In most normal situations, 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 limitations. For example, SNAP recipients cant purchase electronic goods. If you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can result in severe fines. If you conduct a major violation, then you may end up with either a permanent or temporary disqualification. In most cases, owners of grocery stores don’t even know the violations are even happening. Often, it’s dishonest employees who are misusing the SNAP EBT program. If you’re accused of a SNAP violation to speak with a SNAP violation attorney in order to make sure you don’t have your benefits revoked.
When a charge letter is sent to your retail store, you have only 10 days to respond to the allegations. Your failure to respond to the allegations will permanently crush your store. If you don’t respond the USDA will generate a verdict even though 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 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 has to be in writing at the store and in effect at the time the violations were filed.
The store owner also be able to prove the compliance policy was in place before the charge, and was not drafted after the violation letter. The USDA will also look to check if the retail store owners benefited from the violations, 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 store owner that receives a allegation 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