If you’re a retailer who accepts EBT at your retail store, then you might have been the recipient of a a notice from the USDA. This notification is most likely a SNAP violation notice, which is stating you violated the SNAP program. The USDA will include proof to the SNAP violation letter, which will contain transactions that occurred at your store that the government is saying violates one or more genres of violations.
The first thing after you get a SNAP violation notice, you must 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 terminate/suspend your stores ability to accept EBT payments.
About The Program
The SNAP program provides families with a certain amount of money each month. These benefits are distributed to consumers through an EBT card. The funds on the card aren’t for general usage, and they cannot be used for fraudulent cash back services. The cards took the place of food stamps in the 1990’s and are issued in the state which the SNAP participant lives. The SNAP program is operated on a nationwide level by the federal government.
The program 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 grocery store violates any of the rules below.
The grocery store took part intrafficking SNAP benefits. Examples of this is fraudulently accepting benefits, or theft of the benefits.
Your retail store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect information on your retail stores application to accept EBT benefits.
Your grocery store took money for more EBT food stamps than sale of actual food over the same period.
The employees of the store took 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 managing SNAP violation letters. We can handle your SNAP violation process in all phases of a SNAP violation action.
The charging letter is the first step which is going to be taken by USDA to take away your EBT license. This comes with no warning and can appear at any time. The SNAP violation letter will have allegations in it, but most letters will mention violations, and have attached documents detailing the violations. You have only 10 days to respond. After you hire Spodek Law Group, 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 violation letter, the USDA may still decide that a violation has occurred. If this happens, the USDA will definitely send another letter that specifically states their decision to suspend or disqualify the retail store based on the allegations set forth. You have 10 days to appeal this. If you don’t, you’ll be unable to protest the USDA decision. Once you hire our firm, we file the necessary paperwork and notify the USDA appeal the decision. Our lawyers gather necessary evidence, and our team will draft an appellate brief which contains all of the case law, legal evidence, etc. which is necessary to fix the outcome.
If the USDA refuses to overturn the decision, in the Administrative Review, we will file a Judicial review at the local Federal District Court. This next phase is like a normal 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 food 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 limitations. For example, people getting SNAP benefits cant get electronic goods. If, and when, you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can result in severe and business crushing penalties. If you conduct a serious 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 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 delivered to your store, you have only ten days to respond to the violations. Your failure to respond 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. Without legal experience, 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 can discredit 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 does large 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 and in effect at the time the violations were filed.
The grocery store also 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 typically also looks to see if the grocery store owners benefited in any way from the fraud, or if the business owners were aware of the fraud. Any involvement of the management can lead to disqualification.
We highly recommend any store owner that receives a 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