If you accept EBT at your grocery store, then may have been the recipient of a a letter from the USDA. The notice is most likely a SNAP violation notice, which is stating you violated the SNAP program. The USDA will attach a number of pages to the SNAP violation notice, and it will have transactions which occurred at your retail store that the USDA claims is in violation of one or more groups of violations.
The first thing after you get a SNAP violation letter, you must speak to our our legal team. Remember, you have only ten days to respond to the letter. If you don’t respond, the USDA will terminate/suspend your stores ability to accept EBT payments.
About The SNAP Program
The SNAP program provides families with funds to buy food each month. The SNAP program benefits are given with an EBT card. The funds on the EBT card cannot legally be used for general usage, and they can’t be used for cash back services. The EBT cards took over for food stamps in the 1990’s and the card is issued in the state where the consumer lives. The SNAP program is run on a nationwide level by the federal government.
The federal 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’s a SNAP Violation
Snap violations occur when a grocery store violates any of the rules below.
The retail store is accused ofthe trafficking of SNAP benefits. This can mean fraudulently accepting benefits, or stealing the benefits.
The grocery store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false information on the store’s application to accept EBT benefits.
The store took money for more EBT food stamps than actual food sales over the same period.
Your employees accepted SNAP benefits from someone who isn’t allowed to use them.
Defending against a SNAP Violation Letter
Spodek Law Group has experience managing SNAP appeals letters. We can handle your SNAP violation process in all phases of a SNAP action.
Sending the violation letter is the first step taken by the USDA to remove your EBT license. The letter can come with no warning and can happen at any time. The SNAP violation letter will have allegations in it, but most of them will mention serious allegations, have evidence attached proving the violations. Your response to the SNAP violation letter is due within 10 days. Once 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.
Once the USDA reviews your answer to the SNAP violation letter, the USDA might still feel that your store has violated the rules. If this happens, they’ll will issue a second letter that outlines the governments legal verdict to suspend or disqualify the grocery store based on the allegations set forth. You have 10 days to appeal this. If you don’t, then you’ll be unable to protest the USDA decision. After you hire our lawyers, we’ll file the necessary paperwork and notify the government appeal the decision. We’ll collect necessary evidence, and we will draft generate the necessary appeals briefs which contains all of the legal laws, legal evidence, etc. which is necessary to fix the outcome.
In the event the USDA refuses to overturn the violation claim, in the Administrative Review, we’ll 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. We can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there’s a lot of rules and regulations have to obey in order to accept EBT. In most cases, many grocery 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, people getting SNAP benefits 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 fines. If you conduct a major SNAP violation, then you might end up with either a permanent or temporary disqualification. In many situations, store owners didn’t know the violations were even happening. In many situations, dishonest employees who are misusing the SNAP EBT program. If you’re accused of a SNAP violation to speak with a SNAP violation attorney to make sure you don’t have your benefits revoked.
When a charge letter is sent to your grocery store, you only have 10 days to respond to the violations. Your failure to respond to the allegations will permanently harm your store. In addition, the USDA will generate a verdict even if you don’t respond to the allegations. Without legal experience, you cannot defend your store. Retaining a SNAP violation lawyer gives you a fighting change. Our lawyers will discredit the findings of the USDA and appeal any decision. The penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully does large fines to curb violations. The USDA will look to see if you have a store compliance policy in place. It must be in writing and in effect 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 see if the retail store owners benefited from the violations, or were aware of the violation. If the management was involved it can lead to disqualification.
It’s highly recommended any 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