If you’re a retailer who accepts EBT at your retail store, then it’s possible have been the recipient of a a official warning from the USDA. This notice is probably a SNAP violation notice, which is claiming you are in violation of the SNAP program. The USDA will include proof to the SNAP violation letter, which will contain records of transactions that occurred at your retail store which the USDA is saying is in violation of one or more categories of violations.
The first thing after you get a SNAP violation notice, you should contact our legal team. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the USDA will suspend your grocery store’s ability to accept EBT payments.
About The Program
This program provides families with get food each month. The SNAP program benefits are distributed with an EBT card. The funds on the card aren’t for general usage, and they can’t be used for cash back transactions. The EBT cards took the place of food stamps in the 1990’s and are issued by each state individually which the SNAP participant lives. The program is operated on a nationwide level by the government.
The program and the benefits that come with it are governed by the United States 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 is in violation of the rules below.
The grocery store was involved inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting the benefits, or theft of the benefits.
The retail store took SNAP benefits 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 actual food sales during the same period.
Your employees took SNAP benefits from someone who shouldn’t be allowed to use the benefits.
How we can help defend you against a SNAP violation notice
Spodek Law Group has experience handling SNAP violations letters. We can handle your SNAP Violation appeal in all 3 phases of a SNAP violation action.
Sending the letter is the initial step taken by the USDA to remove your EBT license. This letter may come with, or without, prior warnings and can appear at any time. The charging letter will contain allegations, but most of them will outline serious allegations, 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 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 notice of violation, the USDA might still decide that a violation has occurred. If that happens, they’ll will 100% issue another letter which outlines the governments legal verdict to suspend or disqualify the store based on the alleged violations. You have 10 days to appeal this. If you choose not to, then you’ll be unable to protest the USDA decision. Once you hire our law firm, our team the appeal and notify the USDA we are going to appeal their decision. We’ll collect necessary evidence, and we will draft draft the necessary appeals briefs containing all of the case law, legal evidence, etc. which is necessary to change the outcome of the violations.
If the USDA refuses to overturn the legal decision, in the Administrative Review, we’ll file a Judicial review at the local Federal Court. The Judicial Appeal 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’s a lot of rules and regulations have to obey in order to accept EBT. In most normal situations, many retail 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 get electronic goods. As a retailer, if you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can result in severe and business crushing penalties. If you conduct a serious SNAP violation, then you might end up with a temporary or permanent disqualification. In many situations, owners of grocery stores don’t even know SNAP violations were even occurring. In many situations, it’s dishonest employees are misusing the SNAP program. It’s helpful to consult with a SNAP violation attorney in order to make sure you don’t have your benefits revoked.
When a SNAP violation letter is presented to your grocery store, you only have 10 days to respond to the claims by the USDA. Failure to respond to the violations will permanently crush 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. Hiring a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers will fight the decision of the USDA and appeal any penalties. The penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose imposes large fines to curb violations. The USDA look to see if you have a store compliance policy. It must be in writing at the store and in effect when the violations were filed.
The grocery store also has to be able to prove the compliance policy was in place before the charge, and wasn’t drafted after the violation was made. The USDA will also look to check if the owners benefited from the violations, 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 grocery store owner that receives a 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