If you’re a retailer who accepts EBT at your retail store, then you might have gotten a notice from the USDA. This notice is probably a SNAP violation letter, which is stating you violated the SNAP program. The government will include proof to the SNAP violation letter, and it will contain records of transactions which occurred at your grocery store which the USDA claims is in violation of one or more categories of violations.
After you get a SNAP violation notice, you must 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 ability to take EBT.
About The Program
The SNAP program helps families with a certain amount of money each month. These benefits are distributed to consumers through an EBT card. The benefits on the EBT card are not for general use, and they cannot be used for cash back services. The EBT cards took over for food stamps in the 1990’s and are issued in the state which the SNAP participant lives. This program is operated on a national level by the federal government.
This federal and the benefits that come with it 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 violations happen if and when a retail store violates any of the following rules.
The retail store took part intrafficking SNAP benefits. This can mean 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.
Your store submitted false information on your retail stores application to accept EBT benefits.
The grocery store took money for more EBT food stamps than food sales at the same time.
Your employees have taken SNAP benefits from someone who shouldn’t be allowed to use the benefits.
Defending against a SNAP Violation Letter
Spodek Law Group has immense experience managing SNAP appeals letters. We can handle your SNAP Violation appeal in all 3 phases of a SNAP violation action.
Sending the violation letter is the initial step which is going to be taken by USDA to take away your EBT license. The letter can come with no warning and can appear at any time. The SNAP violation letter will contain allegations, but most of them will mention serious allegations, with an attachment of details. Your response to the SNAP violation letter is due within 10 days. Once you hire our law firm, we 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 may still feel that your store has violated the rules. If that happens, they’ll will definitely send a second letter that outlines the governments decision to suspend or disqualify the 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. Once you hire our law firm, we’ll file the appeal to notify the USDA we are going to appeal their decision. Our lawyers collect necessary evidence, and our team will draft an appellate brief which contains all of the case law, evidence, etc. which is critical to overturn the decision.
If the USDA refuses to change the legal decision, in the Administrative Review, we will file a Judicial review at the local Federal Court. This next phase is like a normal court case, where you’ll have to do standard processes like 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’s a lot of rules and regulations 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. As a retailer, if you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can result in severe and business crushing penalties. If it’s believed you did a serious SNAP violation, then you might end up with either a permanent or temporary disqualification. In most cases, owners of grocery stores didn’t even know the violations are even happening. In many situations, it’s dishonest employees who are misusing the SNAP EBT program. If you’re accused of a SNAP violation to discuss your case with a SNAP violation attorney to make sure you don’t have your benefits revoked.
When a SNAP violation letter is delivered to your grocery store, you only have ten days to respond to the allegations. Your failure to respond to the allegations will permanently harm your store. If you don’t respond the USDA will generate a verdict even though you choose not to respond to the allegations. In the absence of a SNAP violation attorney, you cannot defend your store. Hiring a SNAP violation lawyer gives you a fighting change. Our lawyers will fight the decision 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 does large 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 at the store and in effect at the time the allegations were filed.
The store owner must has to be able to prove the compliance policy was in existence before the allegations, and was not drafted after the violation letter. The USDA will also look to see if the grocery 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 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