If you accept EBT at your grocery store, then may have received a letter from the USDA. The notification is most likely a SNAP violation notice, which is stating you are in violation of the SNAP program. The government will include proof to the SNAP violation notice, which will contain transactions which happened at your store which the government claims is in violation of one or more categories of violations.
After you get a SNAP violation letter, you must speak to our 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 grocery store’s ability to take EBT.
About The SNAP Program
The SNAP program provides families with funds to buy food each month. The SNAP program benefits are given with an EBT card. The benefits on the card are not for general usage, and they cannot be used for cash back services. The EBT cards took the place of food stamps in the 1990’s and are issued in the state which the SNAP participant lives. This program is run on a nationwide level by the government.
This government and the benefits that come with it 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 counts as a SNAP violation
SNAP legal violations occur 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.
Your grocery store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect information on the store’s application to accept EBT benefits.
The grocery store took money for more EBT food stamps than food sales during the same period.
The employees of the store have taken SNAP benefits from someone who shouldn’t be allowed to use the benefits.
Defending against a SNAP Violation Letter
Spodek Law Group has experience handling SNAP violation letters. Our law firm can handle your SNAP violation process in all 3 phases of a SNAP action.
Sending the letter is the first step taken by the USDA to take away your EBT license. The letter can come with, or without, prior warnings and can happen at any time. The violation letter will contain allegations, but most letters will outline violations, and have attached documents detailing the violations. Your response to the SNAP violation letter is due within 10 days. Once you hire our law firm, 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 notice of violation, the USDA might still believe that your store has violated the rules. If this happens, they’ll will definitely send another letter that outlines their decision to suspend or disqualify the grocery store based on the accusations previously mentioned. You have 10 days to appeal this. If you don’t, then you’ll be stuck with the USDA decision. After you hire our firm, we’ll file the legal papers and notify them appeal the decision. Our lawyers collect necessary evidence, and we will draft draft an appellate brief which contains all of the legal laws, 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. The Judicial Appeal is like a normal 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 grocery store retailer, there’s a lot of rules and regulations 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, SNAP recipients cant purchase electronic goods. If you violate the laws, you should expect getting a SNAP violation letter. Penalties of violating SNAP can include fines and penalties. If it’s believed you did a major violation, then you might end up with either a permanent or temporary disqualification. In most cases, store owners don’t know SNAP violations are even occurring. Often, unethical employees are misusing the SNAP program. It’s helpful to consult with a SNAP violation attorney in order to make sure you don’t have your benefits revoked.
When a SNAP violation letter is presented to your retail store, you only have ten days to respond to the claims by the USDA. Failure to respond will permanently crush your store. In addition, the USDA will deliver a verdict even though you choose not to respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers will discredit the decision of the USDA and fight any penalties. The financial penalties imposed can be huge – 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 will typically look to see if you have a compliance policy in place. The policy must be in writing at the store and in effect when the violations were filed.
The store owner 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 will also look in order to see if the retail store owners benefited in any way from the fraud, or if the business owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
We highly recommend any store that gets 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