If you accept EBT at your grocery store, then you might have received a letter of warning from the USDA. This letter is probably a SNAP violation notice, which is stating you have violated the SNAP program. The government will include proof to the SNAP violation notice, and it will contain transactions which occurred at your store which the USDA claims is in violation of one or more categories of violations.
The first thing after you get a SNAP violation letter, 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 suspend your grocery store’s ability to take EBT.
About The SNAP Program
The SNAP program helps families with funds to buy food each month. These benefits are distributed to consumers via an EBT card. The SNAP benefits on the card cannot be used for general usage, and they cannot be used for cash back transactions. The EBT cards took over for food stamps in the 1990’s and are issued by each state individually which the SNAP participant lives. This program is operated on a nationwide level by the government.
This program and it’s parameters 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 when a retail store violates any of the rules below.
The retail store was involved inthe trafficking of SNAP benefits. This can mean fraudulently accepting benefits, or theft of the benefits.
Your grocery store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect info on your grocery stores application to accept EBT benefits.
Your grocery store redeemed more coupons than food sales at the same time.
Your employees have taken SNAP benefits from someone who isn’t eligible to use the benefits.
How we can help defend you against a SNAP violation notice
Our law firm has immense experience handling SNAP appeals letters. Our law firm can handle your SNAP violation process in all 3 phases of a SNAP violation action.
The charging letter is the initial step which is taken by the USDA USDA to take away your EBT license. The letter can come with no warning and can happen at any time. The SNAP violation letter contain details about alleged violations, but most letters will lay out violations, and have attached documents detailing the violations. You have only 10 days to respond. After you hire Spodek Law Group, 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.
After reviewing the store’s answer to the SNAP violation letter, the USDA might still believe that a violation has occurred. If that happens, they’ll will definitely send a second letter that outlines the agencies legal verdict to suspend or disqualify the store based on the allegations set forth. You have 10 days to appeal this. If you don’t, you’ll be stuck with the USDA decision. Once you hire our firm, we’ll file the legal papers and notify the government appeal the decision. We’ll collect necessary evidence, and we will draft draft an appellate brief containing all of the case law, evidence, etc. which is critical to overturn the decision.
If the USDA refuses to override the legal decision, in the Administrative Review, we will file a Judicial review at the local Federal Court. This process is like a normal federal court case, where you’ll have to do standard processes like discovery, file motions, and have a trial. We can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there are many laws have to obey in order to accept EBT. In most normal situations, many retail store owners have no issues adhering to them. 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 purchase electronic goods. As a retailer, if you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can result in fines, and penalties. If you conduct a major SNAP violation, then you may end up with either a permanent or temporary disqualification. In most cases, store owners didn’t even know SNAP violations were even happening. Often, dishonest employees are misusing the SNAP 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 SNAP violation letter is presented to your retail store, you only have 10 days to respond to the allegations. Failure to respond will permanently harm your store. In addition, the USDA will deliver a verdict even though you don’t respond to the allegations. Without legal experience, you cannot defend your store. Hiring a SNAP violation lawyer gives you a fighting change. Our lawyers can fight the findings of the USDA and fight any decision. The 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. The policy has to be in writing and in effect when the violations were filed.
The retailer must has to be able to prove the compliance policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA will also look in order to check if the retail store owners benefited from the violations, or were aware of the violation. Any involvement of the management can lead to disqualification.
We highly recommend any store that gets 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