If you accept EBT at your retail store, then may have been the recipient of a a notice from the USDA. This notification is most likely a SNAP violation notice, which is claiming you are in violation of the SNAP program. The USDA will include proof to the SNAP violation notice, which will contain records of transactions that happened at your retail store which the USDA is saying violates one or more categories of violations.
After you get a SNAP violation notice, you should definitely contact 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 privilege to take EBT.
About The SNAP Program
The SNAP program helps families with money each month. The SNAP program benefits are distributed through an EBT card. The benefits on the EBT card cannot legally be used for general usage, 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 which the SNAP participant lives. The program is run on a nationwide level by the federal government.
The federal 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’s a SNAP Violation
Snap violations occur if and when a store violates any of the following rules.
The grocery store is accused oftrafficking 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 information on the grocery stores application to accept EBT benefits.
The grocery store redeemed more EBT food stamps than sale of actual food over the same period.
The employees of the store accepted SNAP benefits from someone who isn’t eligible to use the benefits.
Defending against a SNAP Violation Letter
Our law firm has experience handling SNAP violation letters. Our team of attorneys can handle your SNAP Violation appeal in all phases of a SNAP violation action.
Sending the letter is the first step which is taken by the USDA USDA to take away your EBT license. This comes with no warning can come at any time. The violation letter contain details about alleged violations, but most of them will outline 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 SNAP violation letter, the USDA might still feel that a violation has occurred. If this happens, the USDA will 100% issue a second letter that specifically states the governments decision to suspend or disqualify the grocery store based on the accusations previously mentioned. You have 10 days to appeal this. If you choose not to, you’ll be unable to protest the USDA decision. After you hire our lawyers, our team the legal papers to notify the USDA appeal the decision. We’ll gather necessary evidence, and we will draft generate an appellate brief which contains all of the case law, legal evidence, etc. which is critical to change the outcome of the violations.
In the event the USDA refuses to overturn the binding 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 be able to do discovery, file motions, and have a trial. Our attorneys can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there are many laws have to obey in order to accept EBT. In most cases, many retail store owners don’t run into problems. However, USDA’s SNAP program 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 buy electronic goods. If you violate the laws, you’ll probably get a SNAP violation letter. Penalties of violating SNAP can result in severe fines. If it’s believed you did a serious violation, then you may end up with either a permanent or temporary disqualification. In most cases, owners of grocery stores don’t even know SNAP violations are even occurring. In many situations, dishonest employees who are misusing the SNAP program. If you’re accused of a SNAP violation to consult with a SNAP violation attorney to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is delivered to your store, you only have ten days to respond to the violations. Failure to respond to the allegations will permanently crush your store. If you don’t respond the USDA will deliver a verdict even if you choose not to 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 lawyers will discredit 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 on purpose does 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 grocery store must 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 were aware of the violation. Any involvement of the management can lead to disqualification.
It’s highly recommended any store owner that receives a 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