If you accept EBT at your grocery store, then may have received a notice from the USDA. The notification is probably a SNAP violation notice, which is alleging you are in violation of the SNAP program. The government will include proof to the SNAP violation letter, which will have transactions that happened at your retail store that the USDA is saying is in violation of one or more categories of violations.
The first thing after you get a SNAP violation notice, you should contact 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 ability to take EBT.
About The SNAP Program
The SNAP program provides families with a certain amount of money each month. These benefits are distributed through an EBT card. The funds on the card cannot legally be used for general usage, and they can’t be used for cash back transactions. The EBT cards took over for food stamps in the 1990’s and the card is issued in the state where the recipient lives. This program is run on a national level by the government.
The SNAP program and the benefits that come with it 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 counts as a SNAP violation
SNAP legal violations occur if and when a store is in violation of the following rules.
The store is accused ofthe trafficking of SNAP benefits. This can mean fraudulently accepting taking the benefits, or theft of the benefits.
Your retail store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false information on your grocery stores application to accept EBT benefits.
The grocery store took money for more coupons than actual food sales at the same time.
The employees of the store took SNAP benefits from someone who shouldn’t be allowed to use the benefits.
How we can help defend you against a SNAP violation notice
Spodek Law Group has experience managing SNAP violation letters. Our team of attorneys can handle your SNAP Violation appeal in all 3 phases of a SNAP Violation action.
Sending the letter is the first step which is going to be taken by USDA to take away your right to take EBT benefits. This comes with no warning and can happen at any time. The charging letter will have allegations in it, but most of them will lay out violations, 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.
After reviewing the store’s answer to the violation letter, the USDA may still feel that a violation has occurred. If this happens, they’ll will issue a second letter which outlines the governments decision to suspend or disqualify the grocery 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. After you hire our law firm, we’ll file the necessary paperwork to notify the USDA appeal the decision. Our lawyers gather necessary evidence, and we will draft draft the necessary appeals briefs which contains all of the case law, legal evidence, etc. which is needed to fix the outcome.
In the event the USDA refuses to override the decision, in the Administrative Review, we will file a Judicial review at the local Federal Court. This process is like a normal case, where you’ll be able to do 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 are many laws you have to adhere to for EBT. In most cases, many grocery store owners don’t run into problems. However, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant get electronic goods. If, and when, you violate the laws, you’ll get a SNAP violation letter. Penalties of violating SNAP can result in severe and business crushing penalties. If you conduct a serious SNAP violation, then you may end up with a temporary or permanent disqualification. In many situations, owners of grocery stores didn’t know SNAP violations are even occurring. Often, it’s dishonest employees are misusing the SNAP EBT program. If you’re accused of a SNAP violation to consult with a SNAP violation lawyer in order to make sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your retail store, you have only 10 days to respond to the violations. Failure to respond to the allegations will permanently crush your store. In addition, the USDA will deliver a verdict even though you choose not to respond to the allegations. Without legal experience, you cannot defend your store. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers can discredit the decision of the USDA and fight any penalties. The penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose imposes huge fines to in order to curb future violations. The USDA will look to see if you have a store compliance policy in place. The policy has to be in writing and the policy must be at the time the violations were filed.
The grocery store must has to be able to prove the above mentioned policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA typically also looks to check if the owners benefited in any way from the fraud, or were aware of the violation. Any involvement of the management can lead to disqualification.
We highly recommend any store owner that gets a 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