If you accept EBT at your retail store, then it’s possible have been the recipient of a a notice from the USDA. This notice is most likely a SNAP violation letter, which is alleging 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 grocery store that the USDA is saying violates one or more genres of violations.
After you get a SNAP violation notice, you must contact our law firm. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the USDA will terminate/suspend your grocery store’s ability to take EBT.
About The Program
The SNAP program provides families with funds to buy food each month. The SNAP program benefits are distributed via an EBT card. The SNAP benefits on the EBT card cannot legally be used for general use, and they can’t be used for fraudulent cash back services. The cards took the place of food stamps in the 1990’s and the card is issued by each state individually which the SNAP participant lives. This program is run on a national level by the federal government.
This federal and it’s parameters are governed by the US 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 legal violations occur when a store is in violation of the rules below.
The store was involved intrafficking SNAP benefits. This can mean fraudulently accepting taking the benefits, or theft of the benefits.
The retail store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect information on the grocery stores application to accept EBT benefits.
Your store took money for more EBT food stamps than sale of actual food during the same period.
The employees of the store accepted SNAP benefits from someone who isn’t allowed to use them.
How to defend your store against a SNAP violation
Spodek Law Group has immense experience handling SNAP appeals letters. Our team of attorneys can handle your SNAP Violation appeal in all phases of a SNAP Violation action.
Sending the violation letter is the first step taken by the USDA to remove your right to take EBT benefits. This letter may come with, or without, prior warnings and can happen at any time. The charging letter contain details about alleged violations, but most of them will lay out violations, with an attachment of details. Your response to the SNAP violation letter is due within 10 days. After you hire our law firm, our lawyers handle 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 violation letter, the USDA may still feel that your store has violated the rules. If this happens, they’ll will issue another letter that outlines the governments legal verdict to suspend or disqualify the retail store based on the alleged violations. Like before, you have 10 days to protest the verdict. If you don’t, you’ll be unable to protest the USDA decision. Once you hire our firm, we file the necessary paperwork to notify the USDA we are going to appeal their decision. Our lawyers collect necessary evidence, and we will draft generate an appellate brief containing all of the case law, legal evidence, etc. which is needed to overturn the decision.
If the USDA refuses to override the violation claim, in the Administrative Review, our lawyers will file a Judicial review at the local Federal District Court. This next phase 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 grocery 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, 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 get a SNAP violation letter. Penalties of violating SNAP can result in severe fines. If you conduct a serious SNAP violation, then you might end up with either a permanent or temporary disqualification. In most cases, store owners didn’t even know SNAP violations are even happening. Often, dishonest employees are misusing the SNAP EBT program. If you’re accused of a SNAP violation to speak with a SNAP violation attorney to make sure you don’t have your benefits revoked.
When a SNAP violation letter is presented to your grocery store, you have only 10 days to respond to the allegations. Failure to respond to the violations will permanently harm your store. In addition, the USDA will generate a verdict even though 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 the ability to fight for your rights. Our lawyers will fight the findings of the USDA and appeal any penalties. The financial penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose does huge 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 at the time the violations 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 will also look in order to see if the retail store owners benefited in any way from the fraud, or if the owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
It’s highly recommended any store that gets a violation 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