If you’re a retailer who accepts EBT at your grocery store, then may have received a letter from the USDA. The notification is probably a SNAP violation letter, which is alleging you have violated the SNAP program. The USDA will attach a number of pages to the SNAP violation notice, and it will contain records of transactions which happened at your retail store that the government is saying is in violation of one or more categories of violations.
After you get a SNAP violation notice, you should definitely contact our legal team. Remember, you have only ten days to respond to the letter. If you don’t respond, the government will terminate/suspend your stores ability to take EBT.
About The Program
The SNAP program provides families with money each month. These benefits are distributed to consumers through an EBT card. The funds on this card are not for general use, and they can’t be used for cash back services. The EBT cards took over for food stamps in the 1990’s and are issued in the state where the consumer lives. This program is operated on a nationwide level by the government.
This program and it’s parameters are under handled by the US Code and the Code of Federal Regulations. The USDA FNS agency enforces the regulations and runs the program.
What’s a SNAP Violation
SNAP legal violations occur when a retail store violates any of the following rules.
The retail store was involved intrafficking SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or stealing the benefits.
Your retail store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect information on the store’s application to accept EBT benefits.
The store took money for more EBT food stamps than food sales at the same time.
The employees of the store accepted SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
How we can help defend you against a SNAP violation notice
Our law firm has immense experience managing SNAP violation letters. We can handle your SNAP violation process in all phases of a SNAP violation action.
The charging letter is the initial step which is taken by the USDA USDA to remove your EBT license. This comes with no warning can come at any time. The violation letter will have allegations in it, but most of them will mention 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 your store has violated the rules. If this happens, the USDA will definitely send another letter that outlines their legal verdict to suspend or disqualify the store based on the accusations previously mentioned. 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 lawyers, we’ll file the necessary paperwork to notify them we are going to appeal their decision. We’ll gather necessary evidence, and we will draft generate the necessary appeals briefs containing all of the legal laws, evidence, etc. which is needed to overturn the decision.
If the USDA refuses to overturn the decision, in the Administrative Review, we will file a Judicial review at the local Federal Court. The Judicial Appeal is like a normal federal court case, where you’ll have to do standard processes like discovery, file motions, and have a trial. Our lawyers can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there’s a lot of rules and regulations which you have to adhere to for EBT. In most cases, many retail store owners don’t run into problems. 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 purchase electronic goods. As a retailer, if you violate the laws, you should expect getting a SNAP violation letter. Penalties of violating SNAP can result in severe and business crushing penalties. If you conduct a major violation, then you might end up with either a permanent or temporary disqualification. In many situations, owners of grocery stores don’t even know SNAP violations were even occurring. Often, it’s dishonest employees who are misusing the SNAP EBT program. It’s helpful to discuss your case with a SNAP violation appeals lawyer to make sure you don’t have your benefits revoked.
When a SNAP violation letter is presented to your retail store, you have only 10 days to respond to the violations. Failure to respond to the violations will permanently crush your store. If you don’t respond the USDA will make a verdict even if you don’t respond to the allegations. In the absence of a SNAP violation attorney, you cannot defend your store. Retaining a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers will discredit the findings of the USDA and fight any decision. The financial penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose chooses to impose large fines to in order to curb future violations. The USDA look to see if you have a store compliance policy. It has to be in writing and the policy must be when the allegations were filed.
The store owner also has to be able to prove the compliance policy was in existence before the allegations, and was not drafted after the violation letter. The USDA will also look to see if the grocery store owners benefited from the violations, 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 gets a allegation letter consult 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