If you’re a retailer who accepts EBT at your retail store, then you might have gotten a official warning from the USDA. The notice is most likely a SNAP violation letter, which is alleging you are in violation of the SNAP program. The USDA will include proof to the SNAP violation notice, which will contain records of transactions which happened at your store that the USDA claims violates one or more groups of violations.
After you get a SNAP violation notice, you should definitely contact our law firm. Remember, you have only ten days to respond to the letter. If you choose to ignore, the USDA will suspend your stores ability to take EBT.
About The Program
The SNAP program provides families with get food each month. These benefits are distributed with an EBT card. The benefits on the EBT card cannot be used for general use, and they cannot be used for cash back transactions. The EBT cards took the place of 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 government.
The program and the benefits that come with it are governed by the US 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 occur when a store is in violation of the following rules.
The store took part intrafficking SNAP benefits. Examples of this is fraudulently accepting the benefits, or stealing the benefits.
The grocery store accepted SNAP funds 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.
The grocery store took money for more coupons than sale of actual food over 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 experience handling SNAP appeals letters. We can handle your SNAP Violation appeal in all 3 phases of a SNAP Violation action.
Sending the violation letter is the initial step taken by the USDA to remove your right to take EBT benefits. This letter may come with, or without, prior warnings can come at any time. The SNAP violation letter will have allegations in it, but most letters will detail violations, and have attached documents detailing the violations. Your response to the SNAP violation letter is due within 10 days. Once you hire Spodek Law Group, we 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 this happens, they’ll will definitely send a second letter that specifically states the agencies legal verdict to suspend or disqualify the store based on the allegations set forth. You have 10 days to appeal this. If you choose not to, then you’ll be unable to protest the USDA decision. After you hire our law firm, we’ll file the necessary paperwork to notify them appeal the 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 change the outcome of the violations.
If the USDA refuses to change the legal 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 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’s a lot of rules and regulations which you have to adhere to for EBT. In most cases, many retail store owners don’t run into problems. However, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, people getting SNAP benefits cant purchase electronic goods. If, and when, you violate the laws, you’ll get a SNAP violation letter. Penalties of violating SNAP can include fines and penalties. If you conduct a major SNAP violation, then you might end up with either a permanent or temporary disqualification. In most cases, owners of grocery stores didn’t know SNAP violations were even occurring. In many situations, unethical employees who are misusing the SNAP program. It’s helpful to discuss your case with a SNAP violation attorney to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is delivered to your grocery store, you only have 10 days to respond to the claims. Failure to respond to the violations will permanently harm your store. In addition, the USDA will deliver a verdict even if you choose not to respond to the allegations. Without legal experience, you cannot defend your store. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers can challenge the findings of the USDA and appeal any decision. The fines imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully chooses to impose large fines to curb violations. The USDA look to see if you have a store compliance policy. It must be in writing and the policy must be at the time the violations were filed.
The retailer also be able to prove the compliance policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA typically also looks to see if the retail store owners benefited in any way from the fraud, or if the business owners were aware of the fraud. If the management was involved it can lead to disqualification.
It’s highly recommended any store owner that gets 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