If you accept EBT at your retail store, then may have received a official notice from the USDA. The notification is probably a SNAP violation letter, which is stating you are in violation of the SNAP program. The government will attach a number of pages to the SNAP violation notice, and it will have transactions that occurred 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 legal team. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the government will suspend your stores ability to accept EBT payments.
About The SNAP Program
The SNAP program helps families with money each month. The SNAP program benefits are distributed to consumers via an EBT card. The SNAP benefits on this card cannot legally be used for general use, and they cannot be used for cash back transactions. The cards took over for food stamps in the 1990’s and are issued by each state individually which the SNAP participant lives. The SNAP program is run on a nationwide level by the government.
The SNAP program and it’s parameters are governed by the United States 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 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 grocery store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your 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 at the same time.
Your employees took SNAP benefits from someone who isn’t allowed to use them.
Defending against a SNAP Violation Letter
Spodek Law Group has experience handling SNAP appeals letters. We can handle your SNAP violation process in all phases of a SNAP Violation action.
Sending the letter is the initial step which is going to be taken by USDA to remove your EBT license. This letter may come with no warning and can happen at any time. The SNAP violation letter will have allegations in it, but most letters will lay out serious allegations, with an attachment of details. Your response to the SNAP violation letter is due within 10 days. 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 might still feel that your store has violated the rules. If this happens, they’ll will 100% issue another letter which outlines the agencies legal verdict to suspend or disqualify the store based on the accusations previously mentioned. Like before, you have ten days to protest this verdict. If you choose not to, then you’ll be stuck with the USDA decision. After you hire our firm, our team the appeal to notify the government appeal the decision. Our lawyers collect necessary evidence, and our team will generate an appellate brief containing all of the case law, evidence, etc. which is critical to change the outcome of the violations.
In the event the USDA refuses to overturn 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 be able to do 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 you have to adhere to for EBT. In most normal situations, 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 get electronic goods. If, and when, you violate the laws, you should expect getting a SNAP violation letter. Penalties of violating SNAP can result in fines, and penalties. If it’s believed you did a serious violation, then you may end up with either a permanent or temporary disqualification. In many situations, store owners don’t even know the violations are even happening. Often, dishonest employees are misusing the SNAP EBT program. It’s helpful to speak with a SNAP violation appeals lawyer to ensure sure you don’t have your benefits revoked.
When a charge letter is presented to your store, you have only ten days to respond to the violations. Failure to respond to the violations will permanently crush your store. In addition, the USDA will deliver a verdict even though you don’t respond to the allegations. In the absence of a SNAP violation attorney, you cannot defend your store. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals 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 imposes large fines to in order to curb future violations. The USDA will look to see if you have a store compliance policy in place. The policy has to be in writing at the store and in effect when the allegations were filed.
The grocery store also has to be able to prove the above mentioned policy was in existence before the allegations, and was not drafted after the violation letter. The USDA typically also looks to see if the owners benefited from the violations, or were aware of the violation. Any involvement of the management can lead to disqualification.
It’s highly recommended any store 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