If you accept EBT at your grocery store, then it’s possible have been the recipient of a a official notice from the USDA. The notice is probably a SNAP violation notice, which is claiming you violated the SNAP program. The USDA will include proof to the SNAP violation notice, and it will have records of transactions which happened at your store which the government is saying violates one or more groups of violations.
After you get a SNAP violation notice, you must contact our legal team. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the USDA will terminate/suspend your grocery store’s ability to accept EBT.
About The Program
This program helps families with a certain amount of money each month. The SNAP program benefits are distributed through an EBT card. The funds on the EBT card are not for general usage, and they can’t be used for fraudulent cash back transactions. The cards took over for food stamps in the 1990’s and the card is issued in the state where the recipient lives. The program is run on a nationwide level by the federal government.
The SNAP federal 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’s a SNAP Violation
SNAP legal violations happen when a retail store violates any of the following rules.
The grocery store is accused ofthe trafficking of 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 false information on the grocery stores application to accept EBT benefits.
Your grocery store took money for more EBT food stamps than actual food sales at the same time.
Your employees accepted SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
Defending against a SNAP Violation Letter
Spodek Law Group has immense experience handling SNAP violation letters. Our team of attorneys can handle your SNAP violation process in all phases of a SNAP action.
Sending the violation letter is the initial step which is going to be taken by USDA to take away your EBT license. The letter can come with, or without, prior warnings and can happen at any time. The SNAP violation letter will have allegations in it, but most of them will detail serious allegations, and have attached documents detailing the violations. You have only 10 days to respond. After 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.
Once the USDA reviews your answer to the notice of violation, the USDA may still believe that your store has violated the rules. If that happens, the USDA will 100% issue another letter that specifically states the governments legal verdict to suspend or disqualify the store based on the allegations set forth. Like before, you have ten days to protest the verdict. If you choose not to, you’ll be unable to protest the USDA decision. After you hire our law firm, we file the legal papers to notify them we are going to appeal their decision. Our lawyers gather necessary evidence, and we will draft draft the necessary appeals briefs containing all of the case law, evidence, etc. which is critical to change the outcome of the violations.
If the USDA refuses to overturn the legal decision, in the Administrative Review, we will file a Judicial review at the local Federal Court. This next phase is like a normal 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 food store retailer, there’s a lot of rules and regulations you have to adhere to for EBT. In most cases, many retail store owners have no issues adhering to them. However, the SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limits on how the funds can be used. For example, people getting SNAP benefits cant purchase electronic goods. If you violate the laws, you’ll probably get a SNAP violation letter. Penalties of violating SNAP can result in fines, and penalties. If it’s believed you did a serious SNAP violation, then you may end up with either a permanent or temporary disqualification. In most cases, owners of grocery stores don’t even know the violations are even occurring. Often, it’s dishonest employees are misusing the SNAP EBT program. It’s helpful to consult with a SNAP violation lawyer to make sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your grocery store, you only have ten days to respond to the allegations. Failure to respond to the violations will permanently crush your store. In addition, the USDA will make a verdict even though 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. Retaining a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers can fight the findings of the USDA and fight any decision. The financial penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully imposes large 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 the policy must be at the time the violations were filed.
The grocery store must has to be able to prove the compliance policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA will also look to see if the owners benefited in any way from the fraud, or were aware of the violation. Any involvement of the management can lead to disqualification.
It’s highly recommended any store that gets a 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