If you accept EBT at your retail store, then it’s possible have gotten a official warning from the USDA. The notification is probably a SNAP violation notice, which is claiming you have violated the SNAP program. The USDA will include proof to the SNAP violation notice, which will contain records of transactions that occurred at your grocery store that the government is saying violates one or more genres of violations.
After you get a SNAP violation notice, you should definitely speak to our our legal team. Remember, you have only ten days to respond to the letter. If you don’t respond, the USDA will suspend your stores ability to take EBT.
About The SNAP Program
This program helps families with a certain amount of money each month. The SNAP program benefits are distributed to consumers with an EBT card. The funds on the EBT card are not for general use, and they cannot be used for fraudulent cash back transactions. The cards took over for food stamps in the 1990’s and the card is issued by each state individually which the SNAP participant lives. The SNAP program is operated on a nationwide level by the federal government.
The SNAP federal and it’s benefits 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 violations happen when a retail store violates any of the rules below.
The store was involved intrafficking SNAP benefits. This can mean fraudulently accepting taking the benefits, or stealing the benefits.
Your grocery store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect info on your retail stores application to accept EBT benefits.
The grocery store took money for more EBT food stamps than actual food sales over the same period.
The employees of the store have taken SNAP benefits from someone who isn’t allowed to use them.
How we can help defend you against a SNAP violation notice
Our law firm has experience managing SNAP appeals letters. Our team of attorneys can handle your SNAP Violation appeal in all 3 phases of a SNAP violation action.
Sending the letter is the first step which is taken by the USDA USDA to remove your right to take EBT benefits. The letter can come with, or without, prior warnings can come at any time. The SNAP violation letter will have allegations in it, but most of them will detail violations, with an attachment of details. You have only 10 days to respond. Once you hire Spodek Law Group, 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 believe that your store has violated the rules. If that happens, the USDA will definitely send a second 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 choose not to, you’ll be stuck with the USDA decision. Once you hire our law firm, our team the legal papers to notify the USDA we are going to appeal their decision. We’ll collect necessary evidence, and we will draft generate the necessary appeals briefs containing all of the case law, evidence, etc. which is needed to overturn the decision.
If the USDA refuses to overturn the binding decision, in the Administrative Review, we’ll file a Judicial review at the local Federal Court. This next phase is like a normal case, where you’ll be able to do 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 are many laws which you have to adhere to for EBT. In most cases, 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 limitations. For example, SNAP recipients cant get electronic goods. If, and when, you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can result in severe fines. If you conduct a serious violation, then you might end up with either a permanent or temporary disqualification. In most cases, store owners didn’t know SNAP violations were even occurring. In many situations, it’s dishonest employees who are misusing the SNAP EBT program. If you’re accused of a SNAP violation to discuss your case with a SNAP violation lawyer in order to make sure you don’t have your benefits revoked.
When a SNAP violation letter is delivered to your retail store, you have only 10 days to respond to the claims. Failure to respond to the allegations will permanently crush your store. If you don’t respond the USDA will deliver 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 a fighting change. Our SNAP appeals lawyers will discredit the findings of the USDA and appeal any penalties. The penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully 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 has to be in writing and in effect when the violations were filed.
The retailer also be able to prove the above mentioned policy was in place before the charge, 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 owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
We highly recommend any store that gets a violation 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