If you’re a retailer who accepts EBT at your retail store, then may have been the recipient of a a official notice from the USDA. This notice is probably a SNAP violation notice, which is stating you have violated the SNAP program. The USDA will attach a number of pages to the SNAP violation notice, and it will have records of transactions which happened at your retail store which the USDA is saying is in violation of one or more genres of violations.
After you get a SNAP violation letter, you should definitely speak to our our law firm. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the government will suspend your stores ability to take EBT.
About The SNAP Program
This program provides families with funds to buy food each month. These benefits are distributed to consumers through an EBT card. The benefits on the card cannot legally be used for general use, 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 where the consumer lives. The SNAP program is run on a nationwide level by the government.
The government and it’s parameters are governed 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 occur when a store violates any of the rules below.
The retail store took part intrafficking SNAP benefits. Examples of this is fraudulently accepting benefits, or stealing the benefits.
The grocery store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect info on your retail stores application to accept EBT benefits.
The store redeemed more EBT food stamps than food sales at the same time.
The employees of the store accepted SNAP benefits from someone who isn’t eligible to use the benefits.
Defending against a SNAP Violation Letter
Spodek Law Group has immense experience managing SNAP appeals letters. Our law firm can handle your SNAP Violation appeal in all phases of a SNAP action.
The charging letter is the initial step which is going to be taken by USDA to remove your EBT license. The letter can come with no warning and can appear at any time. The violation letter will contain allegations, but most letters will outline violations, and have attached documents detailing the violations. 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 might still believe that a violation has occurred. If this happens, they’ll will 100% issue a second letter which outlines the agencies decision to suspend or disqualify the retail store based on the allegations set forth. Like before, you have 10 days to appeal the decision. If you choose not to, then you’ll be stuck with the USDA decision. Once you hire our law firm, we file the legal papers and notify the USDA we are going to appeal their decision. Our lawyers gather necessary evidence, and our team will draft the necessary appeals briefs which contains all of the case law, evidence, etc. which is necessary to fix the outcome.
In the event the USDA refuses to change the decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal District Court. This next phase is like a normal court 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 are many laws you have to adhere to for EBT. In most normal situations, many retail store owners have no issues adhering to them. However, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limits on how the funds can be used. For example, SNAP recipients cant get electronic goods. As a retailer, if you violate the laws, you’ll get a SNAP violation letter. Snap violation penalties can result in severe fines. If it’s believed you did a serious violation, then you might end up with a temporary or permanent disqualification. In many situations, store owners didn’t even know the violations are even happening. In many situations, unethical 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 charge letter is delivered to your retail store, you have only 10 days to respond to the allegations. Failure to respond will permanently harm your store. If you don’t respond the USDA will generate a verdict even if you choose not to respond to the allegations. In the absence of a SNAP violation attorney, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers will fight the decision of the USDA and fight any penalties. The fines imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose 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 and the policy must be at the time the violations were filed.
The store owner must has to be able to prove the above mentioned policy was in place before the charge, and wasn’t drafted after the violation was made. The USDA will also look to check if the owners benefited in any way from the fraud, or if the business owners were aware of the fraud. If the management was involved it can lead to disqualification.
It’s highly recommended any owner that receives a allegation letter consult 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