If you’re a retailer who accepts EBT at your retail store, then may have gotten a official notice from the USDA. The notification is most likely a SNAP violation letter, which is stating you are in violation of the SNAP program. The government will attach a number of pages to the SNAP violation notice, and it will have records of transactions that occurred at your grocery store which the USDA claims violates one or more groups of violations.
The first thing after you get a SNAP violation notice, you should contact our legal team. Remember, you have only ten days to respond to the letter. If you choose to ignore, the government will suspend your grocery store’s ability to take EBT.
About The SNAP Program
The SNAP program helps families with money each month. These benefits are distributed via an EBT card. The benefits on this card cannot be used for general use, and they cannot be used for fraudulent cash back services. The EBT cards took the place of food stamps in the 1990’s and are issued in the state which the SNAP participant lives. The program is run on a nationwide level by the government.
This federal and it’s parameters 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 store is accused oftrafficking SNAP benefits. This can mean fraudulently accepting the benefits, or stealing the benefits.
Your grocery store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect information on your store’s application to accept EBT benefits.
Your grocery store redeemed more EBT food stamps than sale of actual food at the same time.
The employees of the store have taken SNAP benefits from someone who shouldn’t be allowed to use the benefits.
Defending against a SNAP Violation Letter
Our law firm has experience handling SNAP appeals letters. Our team of attorneys can handle your SNAP Violation appeal in all phases of a SNAP violation action.
Sending the violation letter is the initial step which is taken by the USDA USDA to remove your right to take EBT benefits. This comes with, or without, prior warnings can come at any time. The charging letter will have allegations in it, but most letters will lay out serious allegations, have evidence attached proving the violations. Your response to the SNAP violation letter is due within 10 days. Once you hire Spodek Law Group, 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 may still decide that a violation has occurred. If this happens, they’ll will issue a second letter that specifically states the agencies decision to suspend or disqualify the retail store based on the allegations set forth. Like before, you have ten days to protest this decision. If you choose not to, you’ll be stuck with the USDA decision. Once you hire our law firm, our team the legal papers to notify the USDA appeal the decision. We’ll gather necessary evidence, and we will draft generate the necessary appeals briefs which contains all of the legal laws, legal evidence, etc. which is critical to fix the outcome.
In the event the USDA refuses to overturn the violation claim, in the Administrative Review, we will file a Judicial review at the local Federal 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 law firm can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there’s a lot of rules and regulations you have to adhere to for EBT. In most cases, many grocery store owners don’t run into problems. However, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients 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 it’s believed you did a major violation, then you may end up with either a permanent or temporary disqualification. In most cases, store owners didn’t even know the violations are even occurring. Often, dishonest employees who are misusing the SNAP program. It’s helpful to speak with a SNAP violation appeals lawyer to ensure sure you don’t have your benefits revoked.
When a charge letter is sent to your store, you only have 10 days to respond to the claims. Failure to respond to the allegations will permanently harm your store. In addition, the USDA will make a verdict even though you don’t 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 will challenge the findings of the USDA and appeal any decision. The fines 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 will typically look to see if you have a compliance policy in place. It must be in writing at the store and the policy must be at the time the violations were filed.
The store owner also 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 typically also looks in order to check 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 owner that gets 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