If you’re a retailer who accepts EBT at your retail store, then may have been the recipient of a a notice from the USDA. This notification is probably a SNAP violation notice, which is claiming you violated the SNAP program. The USDA will attach a number of pages to the SNAP violation letter, and it will contain records of transactions which occurred at your retail store which the USDA is saying violates one or more groups of violations.
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 don’t respond, the USDA will terminate/suspend your stores privilege to take EBT.
About The SNAP Program
This program provides families with money each month. These benefits are given with an EBT card. The funds on this card cannot legally be used for general use, and they cannot be used for cash back services. The EBT cards took the place of food stamps in the 1990’s and the card is issued by each state individually where the recipient lives. The program is run on a nationwide level by the government.
This federal and the benefits that come with it 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 counts as a SNAP violation
Snap violations occur when a retail store is in violation of the following rules.
The retail store took part intrafficking SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or stealing the benefits.
The retail store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false info on the retail stores application to accept EBT benefits.
Your grocery store took money for more EBT food stamps than actual food sales during the same period.
Your employees 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
Spodek Law Group has experience handling SNAP violations letters. We can handle your SNAP violation process in all phases of a SNAP action.
The charging letter is the initial step which is going to be taken by USDA to take away your right to take EBT benefits. The letter can come with no warning can come at any time. The violation letter contain details about alleged violations, but most of them will detail serious allegations, have evidence attached proving the violations. You have only 10 days to respond. After 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.
Once the USDA reviews your answer to the violation letter, the USDA may still decide that a violation has occurred. If this happens, the USDA will definitely send another letter which outlines the agencies decision to suspend or disqualify the grocery store based on the alleged violations. You have 10 days to appeal this. If you don’t, then you’ll be stuck with the USDA decision. After you hire our firm, we’ll file the legal papers to notify the government we are going to appeal their decision. We’ll gather necessary evidence, and our team will generate an appellate brief containing all of the case law, legal evidence, etc. which is needed to change the outcome of the violations.
If the USDA refuses to override the legal decision, in the Administrative Review, we will file a Judicial review at the local Federal Court. This process is like a normal court case, where you’ll have to do standard processes like discovery, file motions, and have a trial. Our attorneys can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there are many laws which 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, people getting SNAP benefits cant purchase electronic goods. If you violate the laws, you should expect getting a SNAP violation letter. Penalties of violating SNAP can result in severe fines. If you conduct a serious SNAP violation, then you might end up with either a permanent or temporary disqualification. In most cases, store owners don’t know the violations were even happening. In many situations, dishonest employees are misusing the SNAP 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 delivered to your store, you have only ten days to respond to the allegations. Your failure to respond will permanently harm your store. If you don’t respond the USDA will deliver a verdict even though you don’t 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 the ability to fight for your rights. Our lawyers will challenge the findings of the USDA and appeal any decision. The penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully chooses to impose huge fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. The policy must be in writing at the store and the policy must be at the time the violations were filed.
The retailer also 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 will also look to see if the owners benefited in any way from the fraud, or if the owners were aware of the fraud. If the management was involved it can lead to disqualification.
It’s highly recommended any grocery store owner that gets 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