If you’re a retailer who accepts EBT at your grocery store, then it’s possible have been the recipient of a a notice from the USDA. The letter is most likely a SNAP violation notice, which is alleging you have violated the SNAP program. The government will include proof to the SNAP violation notice, and it will contain records of transactions that occurred at your store that the government is saying is in violation of one or more genres of violations.
The first thing after you get a SNAP violation notice, you must speak to our our law firm. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the USDA will terminate/suspend your grocery store’s ability to accept EBT.
About The SNAP Program
The SNAP program helps families with funds to buy food each month. The SNAP program benefits are distributed with an EBT card. The benefits on this card cannot be used for general use, and they cannot be used for fraudulent cash back transactions. The cards took the place of food stamps in the 1990’s and the card is issued in the state where the consumer lives. The program is operated on a national level by the government.
The 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 occur if and when a store is in violation of the rules below.
The retail store is accused oftrafficking SNAP benefits. Examples of this is fraudulently accepting benefits, or theft of the benefits.
Your retail store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false info on your grocery stores application to accept EBT benefits.
The grocery store took money for more EBT food stamps than sale of actual food during the same period.
Your employees accepted SNAP benefits from someone who isn’t allowed to use them.
Defending against a SNAP Violation Letter
Spodek Law Group has immense experience handling SNAP violations letters. Our team of attorneys can handle your SNAP Violation appeal in all 3 phases of a SNAP Violation action.
Sending the violation letter is the initial step which is taken by the USDA USDA to remove your EBT license. This comes with, or without, prior warnings and can happen at any time. The violation letter will contain allegations, but most of them will outline serious allegations, have evidence attached proving the violations. You have only 10 days to respond. Once you hire Spodek Law Group, our lawyers 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 violation letter, the USDA may still believe that your store has violated the rules. If that happens, the USDA will issue a second letter which outlines the governments decision to suspend or disqualify the retail store based on the allegations set forth. Like before, you have ten days to protest the decision. If you choose not to, you’ll be stuck with the USDA decision. Once you hire our firm, we file the legal papers and notify them we are going to appeal their decision. We’ll gather necessary evidence, and our team will draft the necessary appeals briefs containing all of the case law, legal evidence, etc. which is critical to fix the outcome.
In the event the USDA refuses to override the legal decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal District 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 lawyers can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there’s a lot of rules and regulations have to obey in order to accept EBT. In most cases, many retail store owners have no problems adhering to them. However, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, people getting SNAP benefits cant buy electronic goods. As a retailer, if you violate the laws, you’ll get a SNAP violation letter. Snap violation penalties can result in severe fines. If you conduct a major violation, then you might end up with either a permanent or temporary disqualification. In many situations, owners of grocery stores don’t know the violations are even occurring. Often, it’s dishonest employees are misusing the SNAP program. If you’re accused of a SNAP violation to discuss your case with a SNAP violation lawyer to ensure sure you don’t have your benefits revoked.
When a charge letter is delivered to your store, you only have ten days to respond to the claims. Your failure to respond will permanently harm 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 a fighting change. Our SNAP appeals 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 imposes large fines to in order to curb future violations. The USDA look to see if you have a store compliance policy. The policy must be in writing at the store and in effect when the violations were filed.
The retailer also has to be able to prove the compliance policy was in existence before the allegations, and was not drafted after the violation letter. The USDA typically also looks to check if the grocery store owners benefited from the violations, or if the owners were aware of the fraud. If the managers were 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. 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