If you accept EBT at your retail store, then may have been the recipient of a a letter from the USDA. The letter is most likely a SNAP violation letter, which is alleging you violated the SNAP program. The USDA will attach a number of pages to the SNAP violation letter, and it will contain records of transactions that happened at your grocery store which the government is saying is in violation of one or more genres of violations.
After you get a SNAP violation letter, you must speak to our our legal team. Remember, you have only ten days to respond to the letter. If you choose to ignore, the USDA will suspend your stores privilege to accept EBT payments.
About The Program
The SNAP program provides families with get food each month. The SNAP program benefits are distributed through an EBT card. The SNAP benefits on the EBT card cannot be used for general usage, 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 SNAP program is operated on a nationwide level by the government.
This government and the benefits that come with it 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 legal violations occur when a grocery store is in violation of the rules below.
The retail store took part inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting benefits, or stealing the benefits.
Your retail store took 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.
The grocery store took money for more coupons than actual food sales over the same period.
The employees of the store took SNAP benefits from someone who isn’t eligible to use the benefits.
Defending against a SNAP Violation Letter
Spodek Law Group has experience managing SNAP appeals letters. Our team of attorneys can handle your SNAP Violation appeal in all 3 phases of a SNAP action.
Sending the letter is the first step taken by the USDA to remove your right to take EBT benefits. This comes with, or without, prior warnings and can appear at any time. The charging letter will have allegations in it, but most letters will outline serious allegations, with an attachment of details. You have only 10 days to respond. 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.
Once the USDA reviews your answer to the violation letter, the USDA may still feel that a violation has occurred. If that happens, the USDA will issue another letter that outlines their legal verdict to suspend or disqualify the retail store based on the accusations previously mentioned. Like before, you have 10 days to protest the decision. If you don’t, you’ll be stuck with the USDA decision. After you hire our law firm, we’ll file the legal papers to notify the USDA appeal the decision. We’ll collect necessary evidence, and our team will generate an appellate brief containing all of the case law, legal evidence, etc. which is needed to fix the outcome.
In the event the USDA refuses to overturn the binding 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 be able to do discovery, file motions, and have a trial. Our attorneys can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there are many laws you have to adhere to for EBT. In most normal situations, many grocery store owners have no problems adhering to them. 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 result in severe fines. If it’s believed you did a serious SNAP violation, then you might end up with either a permanent or temporary disqualification. In most cases, owners of grocery stores don’t know the violations are even occurring. Often, dishonest employees who are misusing the SNAP EBT program. It’s helpful to speak with a SNAP violation lawyer to make sure you don’t have your benefits revoked.
When a charge letter is presented to your retail store, you only have 10 days to respond to the allegations. Failure to respond to the violations will permanently harm your store. In addition, the USDA will make a verdict even if you choose not to respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers can challenge the decision of the USDA and fight any decision. The fines imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully imposes large fines to curb violations. The USDA will look to see if you have a store compliance policy in place. It has to be in writing at the store and in effect at the time the violations were filed.
The store owner must be able to prove the compliance policy was in existence before the allegations, and was not drafted after the violation letter. The USDA will also look in order to see if the grocery 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 owner that receives a violation 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