If you’re a retailer who accepts EBT at your retail store, then you might have been the recipient of a a official notice from the USDA. The notice is most likely a SNAP violation letter, which is stating you have violated the SNAP program. The government will attach a number of pages to the SNAP violation letter, which will contain records of transactions that happened at your retail store which the USDA is saying is in violation of one or more genres of violations.
After you get a SNAP violation letter, you should contact our legal team. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the government will terminate/suspend your stores privilege to accept EBT payments.
About The SNAP Program
The SNAP program provides families with get food each month. These benefits are distributed to consumers through an EBT card. The funds on this card cannot be used for general usage, and they cannot be used for cash back services. The cards took the place of food stamps in the 1990’s and the card is issued by each state individually where the consumer lives. The SNAP program is run on a national level by the federal government.
The SNAP government and it’s parameters are under handled by the United States Code and the Code of Federal Regulations. The USDA FNS agency enforces the regulations and runs the program.
What does it mean to have a SNAP violation
Snap violations happen when a retail store is in violation of the rules below.
The grocery store took part intrafficking SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or theft of the benefits.
Your grocery store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false info on your grocery stores application to accept EBT benefits.
The grocery store redeemed more EBT food stamps than sale of actual food at the same time.
The employees of the store accepted SNAP benefits from someone who isn’t eligible 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 appeal in all 3 phases of a SNAP action.
Sending the violation letter is the first step which is going to be taken by USDA to remove your right to take EBT benefits. This comes with no warning and can happen at any time. The charging letter will contain allegations, 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.
Once the USDA reviews your answer to the notice of violation, the USDA might still believe that your store has violated the rules. If this happens, the USDA will definitely send a second letter that specifically states the governments legal verdict to suspend or disqualify the grocery store based on the alleged violations. Like before, you have ten days to appeal this verdict. If you don’t, you’ll be stuck with the USDA decision. Once you hire our firm, we’ll file the legal papers to notify the government appeal the decision. Our lawyers gather necessary evidence, and our team will generate the necessary appeals briefs containing all of the case law, evidence, etc. which is necessary to fix the outcome.
If the USDA refuses to overturn the binding decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal District Court. This next phase is like a normal federal court case, where you’ll have to do standard processes like discovery, file motions, and have a trial. Our law firm can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there’s a lot of rules and regulations which you have to adhere to for EBT. In most cases, many grocery store owners don’t run into problems. However, the SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant purchase electronic goods. As a retailer, if you violate the laws, you’ll probably get a SNAP violation letter. Penalties of violating SNAP can include fines and penalties. If you conduct a major SNAP violation, then you may end up with a temporary or permanent disqualification. In most cases, owners of grocery stores don’t know SNAP violations were even occurring. In many situations, unethical employees who are misusing the SNAP EBT program. If you’re accused of a SNAP violation to discuss your case with a SNAP violation attorney to make sure you don’t have your benefits revoked.
When a charge letter is delivered to your store, you only have 10 days to respond to the violations. Your failure to respond will permanently harm your store. If you don’t respond the USDA will make 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. Hiring a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers will discredit 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 purposefully chooses to impose large fines to in order to curb future violations. The USDA will typically look to see if you have a compliance policy in place. It has to be in writing and the policy must be at the time the allegations were filed.
The grocery store must has to be able to prove the compliance policy was in place before the charge, and was not drafted after the violation letter. The USDA typically also looks in order to see if the grocery store owners benefited from the violations, or if the owners were aware of the fraud. If the management was involved it can lead to disqualification.
We highly recommend any grocery 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