If you’re a retailer who accepts EBT at your retail store, then you might have gotten a letter of warning from the USDA. This letter is most likely a SNAP violation letter, which is claiming you are in violation of the SNAP program. The government will include proof to the SNAP violation notice, which will have transactions that happened at your grocery store that the government claims violates one or more groups of violations.
The first thing after you get a SNAP violation notice, you should speak to our our legal team. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the USDA will suspend your stores privilege to take EBT.
About The Program
This program provides families with money each month. The SNAP program benefits are given via an EBT card. The benefits on the EBT card cannot be used 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 by each state individually which the SNAP participant lives. The SNAP program is operated on a national level by the federal government.
The SNAP federal and it’s benefits 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 retail store violates any of the following rules.
The retail store was involved intrafficking SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or stealing the benefits.
The retail store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect information on the store’s application to accept EBT benefits.
The store redeemed more coupons than sale of actual food during the same period.
The employees of the store accepted SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
How to defend your store against a SNAP violation
Our law firm has immense experience handling SNAP appeals letters. Our law firm can handle your SNAP violation process in all phases of a SNAP violation action.
Sending the letter is the first step which is taken by the USDA USDA to remove your right to take EBT benefits. This letter may come with, or without, prior warnings and can appear at any time. The violation letter has a variety of allegations, but most letters will mention violations, with an attachment of details. Your response to the SNAP violation letter is due within 10 days. Once 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 SNAP violation letter, the USDA may still feel that your store has violated the rules. If this happens, the USDA will 100% issue a second letter that outlines the governments legal verdict to suspend or disqualify the retail store based on the accusations previously mentioned. Like before, you have ten days to appeal the decision. If you don’t, you’ll be stuck with the USDA decision. After you hire our law firm, we’ll file the legal papers and notify them appeal the decision. Our lawyers gather necessary evidence, and we will draft draft the necessary appeals briefs containing all of the legal laws, legal evidence, etc. which is critical to change the outcome of the violations.
If the USDA refuses to override the binding decision, in the Administrative Review, we will file a Judicial review at the local Federal District Court. This process 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’s a lot of rules and regulations you have to adhere to for EBT. In most cases, many retail store owners don’t run into problems. However, the SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant buy 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 you conduct a major violation, then you may end up with a temporary or permanent disqualification. In many situations, store owners don’t even know the violations were even occurring. Often, unethical employees are misusing the SNAP EBT program. It’s helpful to consult with a SNAP violation lawyer in order to ensure sure you don’t have your benefits revoked.
When a charge letter is presented 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 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 SNAP appeals lawyers can challenge the findings of the USDA and appeal any decision. The fines imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully imposes 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 the policy must be at the time the violations were filed.
The retailer 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 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. 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. 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