If you’re a retailer who accepts EBT at your grocery store, then you might have gotten a letter of warning from the USDA. This notification is most likely a SNAP violation notice, which is claiming you violated the SNAP program. The USDA will attach a number of pages to the SNAP violation notice, which will have transactions that occurred at your retail store which the USDA is saying violates one or more categories of violations.
The first thing after you get a SNAP violation notice, you must contact our law firm. Remember, you have only ten days to respond to the letter. If you choose to ignore, the government will terminate/suspend your grocery store’s ability to accept EBT payments.
About The Program
The SNAP program helps families with get food each month. These benefits are distributed with an EBT card. The benefits on the EBT card are not for general use, and they can’t be used for fraudulent cash back services. The cards took over for food stamps in the 1990’s and are issued in the state which the SNAP participant lives. This program is run on a national level by the federal government.
The program and it’s benefits 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’s a SNAP Violation
Snap violations happen when a grocery store violates any of the rules below.
The store was involved inthe trafficking of SNAP benefits. This can mean fraudulently accepting benefits, or theft of the benefits.
The grocery store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false information on the retail stores application to accept EBT benefits.
Your store redeemed more EBT food stamps than food sales during the same period.
The employees of the store took SNAP benefits from someone who shouldn’t be allowed to use the benefits.
How to defend your store against a SNAP violation
Spodek Law Group has immense experience handling SNAP violation letters. Our team of attorneys can handle your SNAP violation process in all 3 phases of a SNAP Violation action.
Sending the letter is the first step which is going to be taken by USDA to take away your right to take EBT benefits. This letter may come with, or without, prior warnings and can appear at any time. The SNAP violation letter will contain allegations, but most letters will outline violations, and have attached documents detailing the violations. You have only 10 days to respond. Once you hire our law firm, our lawyers take into their hands all of the communicationswith the USDA and for compiling all the necessary evidence, and drafting a response to the USDA.
After reviewing the store’s answer to the SNAP violation letter, the USDA might still decide that your store has violated the rules. If that happens, the USDA will 100% issue another letter that specifically states the governments legal verdict to suspend or disqualify the retail store based on the alleged violations. Like before, you have 10 days to appeal the verdict. If you choose not to, then you’ll be stuck with the USDA decision. After you hire our law firm, we file the legal papers to notify them we are going to appeal their decision. We’ll collect necessary evidence, and we will draft draft the necessary appeals briefs which contains all of the case law, evidence, etc. which is critical to fix the outcome.
If the USDA refuses to change the violation claim, in the Administrative Review, our lawyers will file a Judicial review at the local Federal 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 attorneys can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there are many laws which you have to adhere to for EBT. In most normal situations, many grocery store owners have no problems 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 get electronic goods. If, and when, you violate the laws, you’ll get a SNAP violation letter. Penalties of violating SNAP can result in severe and business crushing penalties. If you conduct a major SNAP violation, then you may end up with a temporary or permanent disqualification. In many situations, owners of grocery stores didn’t know SNAP violations were even occurring. Often, it’s dishonest employees are misusing the SNAP program. It’s helpful to speak with a SNAP violation attorney in order 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 allegations. Your failure to respond to the violations will permanently crush your store. If you don’t respond the USDA will make a verdict even though you choose not to 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 SNAP appeals lawyers can fight the findings of the USDA and appeal any decision. The penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose chooses to impose huge 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 allegations were filed.
The store owner must be able to prove the above mentioned policy was in existence before the allegations, and was not drafted after the violation letter. The USDA will also look in order to check if the grocery store owners benefited from the violations, or were aware of the violation. If the management was involved it can lead to disqualification.
It’s highly recommended any grocery store owner that receives 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