If you accept EBT at your grocery store, then it’s possible have gotten a letter of warning from the USDA. The letter is probably a SNAP violation notice, which is claiming you have violated the SNAP program. The USDA will include proof to the SNAP violation notice, and it will have transactions that occurred at your grocery store that the government is saying is in violation of one or more groups of violations.
The first thing after you get a SNAP violation notice, you should contact our legal team. Remember, you have only ten days to respond to the letter. If you choose to ignore, the USDA will suspend your stores ability to accept EBT payments.
About The SNAP Program
This program provides families with a certain amount of money each month. The SNAP program benefits are distributed to consumers through an EBT card. The SNAP benefits on the EBT card cannot be used for general usage, and they cannot be used for fraudulent cash back services. The EBT cards took over for food stamps in the 1990’s and are issued in the state where the consumer lives. This program is run on a national level by the government.
This program and it’s parameters are governed 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 legal violations occur if and when a grocery store is in violation of the following rules.
The retail store is accused oftrafficking SNAP benefits. Examples of this is fraudulently accepting the benefits, or stealing the benefits.
The retail store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false info on the grocery stores application to accept EBT benefits.
Your store took money for more EBT food stamps than actual food sales during the same period.
The employees of the store accepted SNAP benefits from someone who shouldn’t be allowed to use the benefits.
How to defend your store against a SNAP violation
Our law firm has immense experience managing SNAP violation letters. We can handle your SNAP Violation appeal in all phases of a SNAP Violation action.
Sending the letter is the initial step which is taken by the USDA USDA to take away your EBT license. This comes with no warning can come at any time. The SNAP violation letter will have allegations in it, but most of them will lay out violations, have evidence attached proving the violations. You have only 10 days to respond. After you hire Spodek Law Group, we 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 may still feel that a violation has occurred. If this happens, the USDA will definitely send a second letter which outlines the governments legal verdict to suspend or disqualify the retail store based on the accusations previously mentioned. You have 10 days to appeal this. If you choose not to, then you’ll be stuck with the USDA decision. After you hire our firm, our team the legal papers and notify the government we are going to appeal their decision. Our lawyers collect necessary evidence, and we will draft generate an appellate brief which contains all of the case law, legal evidence, etc. which is necessary to change the outcome of the violations.
In the event the USDA refuses to overturn the violation claim, in the Administrative Review, we will file a Judicial review at the local Federal Court. The Judicial Appeal is like a normal court case, where you’ll have to do standard processes like discovery, file motions, and have a trial. Our law firm can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there’s a lot of rules and regulations which you have to adhere to for EBT. In most cases, many retail store owners have no problems adhering to them. However, the 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. Penalties of violating SNAP can result in severe and business crushing penalties. If it’s believed you did a serious violation, then you might end up with a temporary or permanent disqualification. In many situations, owners of grocery stores didn’t even know SNAP violations were even occurring. In many situations, it’s dishonest employees are misusing the SNAP EBT program. It’s helpful to consult with a SNAP violation attorney to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your store, you have only ten days to respond to the violations. Failure to respond to the allegations will permanently crush your store. If you don’t respond the USDA will deliver 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 the ability to fight for your rights. Our lawyers can challenge the findings of the USDA and fight any decision. The financial penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose chooses to impose large fines to curb violations. The USDA will look to see if you have a store compliance policy in place. It has to be in writing at the store and the policy must be at the time the allegations were filed.
The retailer must be able to prove the compliance policy was in place before the charge, and wasn’t drafted after the violation was made. The USDA will also look in order to check if the grocery store owners benefited from the violations, or if the owners were aware of the fraud. If the management was involved it can lead to disqualification.
It’s highly recommended any owner that receives a letter speak to 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