If you’re a retailer who accepts EBT at your retail store, then it’s possible have gotten a official warning from the USDA. This notification is probably a SNAP violation notice, which is stating you are in violation of the SNAP program. The USDA will attach a number of pages to the SNAP violation letter, which will contain transactions that happened at your grocery store that the government is saying violates one or more categories of violations.
The first thing 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 stores privilege to take EBT.
About The Program
This program helps families with a certain amount of money each month. These benefits are distributed to consumers through an EBT card. The funds on this card cannot legally be used for general usage, and they can’t be used for fraudulent cash back transactions. The EBT cards took over for food stamps in the 1990’s and the card is issued by each state individually which the SNAP participant lives. The SNAP program is run on a national level by the federal government.
The federal and it’s parameters are under handled by the United States Code and the Code of Federal Regulations. The USDA FNS agency enforces the regulations and runs the program.
What counts as a SNAP violation
Snap violations occur if and when a retail store violates any of the following rules.
The store was involved intrafficking SNAP benefits. Examples of this is fraudulently accepting the benefits, or theft of the benefits.
The grocery store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false info on your store’s application to accept EBT benefits.
The store took money for more coupons than sale of actual food over the same period.
Your employees have taken SNAP benefits from someone who isn’t allowed to use them.
How to defend your store against a SNAP violation
Our law firm has experience handling SNAP appeals letters. We can handle your SNAP violation process in all 3 phases of a SNAP Violation action.
Sending the violation letter is the initial step which is going to be taken by USDA to take away your EBT license. This letter may come with no warning and can appear at any time. The violation letter has a variety of allegations, but most letters will outline violations, with an attachment of details. You have only 10 days to respond. 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.
Once the USDA reviews your answer to the violation letter, the USDA might still believe that a violation has occurred. If this happens, they’ll will issue a second letter which outlines their 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. After you hire our firm, we file the legal papers and notify the government appeal the decision. Our lawyers collect necessary evidence, and our team will generate an appellate brief containing all of the case law, evidence, etc. which is necessary to fix the outcome.
In the event the USDA refuses to override the decision, in the Administrative Review, we’ll file a Judicial review at the local Federal District Court. The Judicial Appeal 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 food store retailer, there’s a lot of rules and regulations which you have to adhere to for EBT. In most normal situations, many grocery store owners don’t run into problems. However, the SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, people getting SNAP benefits cant buy electronic goods. If, and when, you violate the laws, you should expect getting a SNAP violation letter. Penalties of violating SNAP can include fines and penalties. If you conduct a serious 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, it’s dishonest employees who are misusing the SNAP program. It’s helpful to discuss your case with a SNAP violation lawyer in order to ensure sure you don’t have your benefits revoked.
When a charge letter is sent to your retail store, you have only ten days to respond to the claims. Failure to respond to the allegations will permanently harm your store. In addition, the USDA will generate a verdict even though you choose not to respond to the allegations. In the absence of a SNAP violation attorney, you cannot defend your store. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers can fight the findings of the USDA and fight any decision. 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 curb violations. The USDA will typically look to see if you have a compliance policy in place. It must be in writing and the policy must be when the violations were filed.
The store owner must be able to prove the above mentioned 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 retail store owners benefited from the violations, or were aware of the violation. If the management was involved it can lead to disqualification.
We highly recommend any store that receives a allegation 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