If you accept EBT at your retail store, then you might have been the recipient of a a official warning from the USDA. This letter 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, and it will have records of transactions which happened at your retail store which the government claims is in violation of one or more groups of violations.
The first thing after you get a SNAP violation notice, you should definitely speak to our our law firm. Remember, you have only ten days to respond to the letter. If you choose to ignore, the government will suspend your stores privilege to accept EBT payments.
About The Program
This program helps families with funds to buy food each month. These benefits are distributed to consumers via an EBT card. The benefits on this card cannot be used for general usage, and they can’t be used for cash back services. The cards took over for food stamps in the 1990’s and the card is issued by each state individually which the SNAP participant lives. The SNAP program is operated on a nationwide level by the federal government.
This government and it’s benefits 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 happen when a retail store is in violation of the rules below.
The grocery store took part inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting benefits, or stealing the benefits.
Your grocery store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect info on your grocery stores application to accept EBT benefits.
The store redeemed more EBT food stamps than actual food sales at the same time.
The employees of the store took SNAP benefits from someone who isn’t allowed to use them.
How we can help defend you against a SNAP violation notice
Our law firm has immense experience handling SNAP appeals letters. We can handle your SNAP violation process in all 3 phases of a SNAP Violation action.
The charging letter is the initial step taken by the USDA to take away your right to take EBT benefits. The letter can come with no warning and can happen at any time. The charging letter will have allegations in it, but most letters will detail 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 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 violation letter, the USDA may still decide that a violation has occurred. If this happens, the USDA will issue a second letter that specifically states their legal verdict to suspend or disqualify the retail store based on the alleged violations. You have 10 days to appeal this. If you choose not to, then you’ll be unable to protest the USDA decision. Once you hire our law firm, our team the necessary paperwork to notify them appeal the decision. Our lawyers collect necessary evidence, and our team will draft the necessary appeals briefs containing all of the legal laws, legal evidence, etc. which is necessary to change the outcome of the violations.
In the event the USDA refuses to overturn the legal decision, in the Administrative Review, we’ll file a Judicial review at the local Federal Court. The Judicial Appeal 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 food store retailer, there’s a lot of rules and regulations you have to adhere to for EBT. In most cases, many grocery store owners don’t run into problems. However, USDA’s 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 and business crushing penalties. If it’s believed you did a serious violation, then you might end up with a temporary or permanent disqualification. In most cases, owners of grocery stores don’t even know the violations were even occurring. Often, it’s dishonest employees are misusing the SNAP EBT program. It’s helpful to speak with a SNAP violation attorney to ensure sure you don’t have your benefits revoked.
When a charge letter is presented to your retail store, you have only ten days to respond to the claims. Your failure to respond to the allegations will permanently harm your store. If you don’t respond the USDA will make a verdict even though 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. Retaining a SNAP violation lawyer gives you a fighting change. Our lawyers will challenge the decision 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 chooses to impose 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 at the store and in effect when the violations were filed.
The store owner also 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 to see if the owners benefited from the violations, or were aware of the violation. If the managers were involved, it can lead to disqualification.
It’s highly recommended any grocery store owner that receives a allegation 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