If you accept EBT at your grocery store, then may have gotten a letter of warning from the USDA. The notification is most likely a SNAP violation letter, which is claiming you are in violation of the SNAP program. The government will attach a number of pages to the SNAP violation letter, and it will contain records of transactions which happened at your retail store which the USDA claims violates one or more genres of violations.
The first thing after you get a SNAP violation letter, you should contact our law firm. Remember, you have only ten days to respond to the letter. If you choose to ignore, the government will suspend your stores privilege to take EBT.
About The Program
This program provides families with funds to buy food each month. The SNAP program benefits are distributed to consumers with an EBT card. The benefits on the EBT card cannot legally be used for general usage, and they cannot be used for cash back services. The EBT cards took over for food stamps in the 1990’s and the card is issued in the state which the SNAP participant lives. The program is operated on a national level by the government.
The SNAP 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’s a SNAP Violation
SNAP legal violations happen when a store violates any of the following rules.
The store took part inthe trafficking of SNAP benefits. This can mean fraudulently accepting the benefits, or theft of the benefits.
The retail store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect information on the retail stores application to accept EBT benefits.
Your grocery store redeemed more EBT food stamps than food sales during the same period.
Your employees have taken SNAP benefits from someone who shouldn’t be allowed to use the benefits.
How to defend your store against a SNAP violation
Our law firm has immense experience handling SNAP appeals letters. We can handle your SNAP Violation appeal in all phases of a SNAP violation action.
The charging letter is the initial step which is taken by the USDA USDA to take away your right to take EBT benefits. This letter may come with no warning and can happen at any time. The SNAP violation letter contain details about alleged violations, but most letters will lay out violations, with an attachment of details. You have only 10 days to respond. 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.
Once the USDA reviews your answer to the notice of violation, the USDA might still feel that a violation has occurred. If this happens, the USDA will 100% issue another letter that outlines their decision to suspend or disqualify the retail store based on the allegations set forth. Like before, you have ten days to appeal this decision. If you choose not to, you’ll be stuck with the USDA decision. Once you hire our firm, our team the appeal and notify the USDA we are going to appeal their decision. We’ll gather necessary evidence, and we will draft draft the necessary appeals briefs 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 override the decision, in the Administrative Review, we will file a Judicial review at the local Federal 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 attorneys can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there are many laws which you have to adhere to for EBT. In most normal situations, many grocery store owners have no issues adhering to them. 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 major violation, then you might end up with a temporary or permanent disqualification. In most cases, store owners didn’t know SNAP violations are even occurring. In many situations, it’s dishonest employees who are misusing the SNAP EBT program. It’s helpful to speak with a SNAP violation appeals lawyer in order to make sure you don’t have your benefits revoked.
When a charge letter is sent to your grocery store, you only have ten days to respond to the allegations. Failure to respond to the allegations will permanently crush your store. If you don’t respond the USDA will generate a verdict even if you don’t respond to the allegations. In the absence of a SNAP violation attorney, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers can challenge the findings of the USDA and appeal any penalties. The fines imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose imposes huge fines to in order to curb future violations. The USDA will look to see if you have a store compliance policy in place. It has to be in writing at the store and the policy must be when the allegations were filed.
The store owner 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 retail 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.
It’s highly recommended any store that receives a letter speak to 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