If you accept EBT at your retail store, then you might have been the recipient of a a notice from the USDA. The letter is most likely a SNAP violation notice, which is alleging you have violated the SNAP program. The USDA will include proof to the SNAP violation notice, which will have records of transactions which happened at your grocery store that the USDA is saying violates one or more groups of violations.
The first thing after you get a SNAP violation notice, you must speak to our our law firm. Remember, you have only ten days to respond to the letter. If you choose to ignore, the USDA will terminate/suspend your grocery store’s ability to take EBT.
About The Program
The SNAP program provides families with a certain amount of money each month. The SNAP program benefits are distributed with an EBT card. The SNAP benefits on the EBT card are not for general usage, and they cannot be used for cash back services. The cards took the place of food stamps in the 1990’s and are issued in the state where the consumer lives. The program is operated on a nationwide level by the federal government.
This government and it’s parameters are under handled 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 legal violations occur if and when a grocery store is in violation of the following rules.
The store was involved inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting the benefits, or theft of the benefits.
The retail store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false information on the grocery stores application to accept EBT benefits.
The store took money for more EBT food stamps than sale of actual food during the same period.
The employees of the store accepted 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 immense experience handling SNAP appeals letters. We can handle your SNAP Violation appeal in all phases of a SNAP action.
Sending the violation letter is the first step which is going to be taken by USDA to remove your right to take EBT benefits. This comes with, or without, prior warnings and can appear at any time. The violation letter will have allegations in it, but most letters will outline violations, and have attached documents detailing the violations. You have only 10 days to respond. After you hire Spodek Law Group, our lawyers handle 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 might still believe that your store has violated the rules. If this happens, they’ll will definitely send a second letter which outlines their decision to suspend or disqualify the store based on the alleged violations. Like before, you have ten days to appeal the decision. If you choose not to, you’ll be unable to protest the USDA decision. Once you hire our law firm, our team the legal papers to notify the USDA we are going to appeal their decision. Our lawyers collect necessary evidence, and our team will generate the necessary appeals briefs which contains all of the legal laws, legal evidence, etc. which is necessary to overturn the decision.
If the USDA refuses to overturn the 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 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 grocery store retailer, there are many laws have to obey in order to accept 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 limits on how the funds can be used. For example, SNAP recipients cant get electronic goods. If, and when, you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can result in severe fines. If you conduct a serious SNAP violation, then you may end up with a temporary or permanent disqualification. In many situations, store owners didn’t know SNAP violations are even occurring. Often, unethical employees who are misusing the SNAP program. It’s helpful to consult with a SNAP violation attorney to ensure sure you don’t have your benefits revoked.
When a charge letter is delivered to your grocery store, you have only ten days to respond to the claims. Your failure to respond to the allegations will permanently harm your store. In addition, the USDA will make a verdict even though you choose not to respond to the allegations. Without legal experience, you cannot defend your store. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers will challenge the decision of the USDA and fight any penalties. The fines imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully does huge fines to curb violations. The USDA look to see if you have a store compliance policy. The policy has to be in writing and the policy must be when the allegations were filed.
The store owner also has to 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 typically also looks in order 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 managers were involved, it can lead to disqualification.
It’s highly recommended any store owner 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