If you accept EBT at your grocery store, then it’s possible have received a notice from the USDA. The letter is most likely a SNAP violation notice, which is alleging you have violated the SNAP program. The USDA will attach a number of pages to the SNAP violation notice, and it will have records of transactions which occurred at your store that the USDA claims violates one or more groups of violations.
After you get a SNAP violation letter, you should speak to our our law firm. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the government will terminate/suspend your stores ability to accept EBT payments.
About The SNAP Program
This program helps families with get food each month. The SNAP program benefits are distributed with an EBT card. The SNAP benefits on this card cannot be used for general usage, and they can’t be used for fraudulent cash back services. The EBT cards took over for food stamps in the 1990’s and the card is issued in the state where the consumer lives. The program is run on a national level by the government.
The SNAP federal and it’s benefits are under handled 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 occur when a retail store violates any of the rules below.
The store is accused oftrafficking SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or stealing 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 store’s application to accept EBT benefits.
The grocery store redeemed more EBT food stamps than actual food sales during the same period.
The employees of the store have taken SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
How to defend your store against a SNAP violation
Our law firm has experience handling SNAP appeals letters. We can handle your SNAP Violation appeal in all phases of a SNAP violation action.
The charging letter is the first step taken by the USDA to take away your right to take EBT benefits. This letter may come with no warning and can appear at any time. The violation letter will contain allegations, but most of them will lay out violations, have evidence attached proving the violations. You have only 10 days to respond. Once you hire Spodek Law Group, we 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 SNAP violation letter, the USDA may still feel that a violation has occurred. If this happens, the USDA will definitely send another letter which specifically states the agencies legal verdict to suspend or disqualify the grocery store based on the allegations set forth. Like before, you have 10 days to appeal the decision. If you don’t, you’ll be unable to protest the USDA decision. Once you hire our firm, we file the appeal and notify them appeal the decision. Our lawyers collect necessary evidence, and our team will draft an appellate brief which contains all of the case law, legal evidence, etc. which is critical to fix the outcome.
In the event 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. The Judicial Appeal is like a normal 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 grocery store retailer, there are many laws you have to adhere to for EBT. In most normal situations, many grocery store owners have no problems adhering to them. However, SNAP 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. Snap violation penalties can result in severe and business crushing penalties. If you conduct a serious violation, then you may end up with a temporary or permanent disqualification. In most cases, store owners didn’t even know the violations were even occurring. In many situations, unethical employees are misusing the SNAP EBT program. It’s helpful to speak with a SNAP violation lawyer to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is delivered to your retail store, you only have ten days to respond to the claims by the USDA. Your failure to respond to the violations will permanently crush your store. If you don’t respond the USDA will generate a verdict even if you choose not to 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 lawyers will fight the findings of the USDA and fight any penalties. The penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose chooses to impose large fines to curb violations. The USDA will look to see if you have a store compliance policy in place. The policy must be in writing at the store and the policy must be at the time the violations were filed.
The grocery store also has to be able to prove the above mentioned policy was in place before the charge, and was not drafted after the violation letter. The USDA will also look to check if the grocery store owners benefited from the violations, or if the business owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
It’s highly recommended any owner that receives a letter speak to 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