If you’re a retailer who accepts EBT at your grocery store, then may have been the recipient of a a official warning from the USDA. This letter is probably a SNAP violation letter, which is alleging you have violated the SNAP program. The government will attach a number of pages to the SNAP violation notice, and it will contain records of transactions which occurred at your retail store that the government is saying violates one or more genres of violations.
After you get a SNAP violation letter, you should definitely speak to our our law firm. Remember, you have only ten days to respond to the letter. If you don’t respond, the government will suspend your grocery store’s ability to accept EBT payments.
About The Program
The SNAP program helps families with a certain amount of money each month. The SNAP program benefits are distributed to consumers with an EBT card. The benefits on this card cannot be used for general usage, and they can’t be used for fraudulent cash back services. The cards took over for food stamps in the 1990’s and are issued by each state individually where the consumer lives. This program is run on a national level by the federal government.
The SNAP federal and it’s parameters 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 if and when a retail store violates any of the following rules.
The retail store took part inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or theft of the benefits.
Your grocery store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect information on the retail stores application to accept EBT benefits.
Your store took money for more coupons than sale of actual food during the same period.
Your employees took SNAP benefits from someone who isn’t eligible to use the benefits.
Defending against a SNAP Violation Letter
Spodek Law Group has immense experience handling SNAP violation letters. We can handle your SNAP violation process in all 3 phases of a SNAP action.
Sending the letter is the first step taken by the USDA to take away your right to take EBT benefits. This comes with, or without, prior warnings can come at any time. The charging letter has a variety of allegations, but most letters will mention serious allegations, have evidence attached proving 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.
After reviewing the store’s answer to the notice of violation, the USDA may still feel that a violation has occurred. If this happens, the USDA will issue a second letter which specifically states their decision to suspend or disqualify the grocery store based on the accusations previously mentioned. You have 10 days to appeal this. If you don’t, you’ll be stuck with the USDA decision. Once you hire our lawyers, we file the legal papers to notify the government appeal the decision. We’ll collect necessary evidence, and we will draft draft the necessary appeals briefs which contains all of the case law, evidence, etc. which is critical to overturn the decision.
If the USDA refuses to overturn the decision, in the Administrative Review, we will file a Judicial review at the local Federal District Court. This next phase is like a normal case, where you’ll have to do standard processes like 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 have to obey in order to accept EBT. In most cases, many retail store owners don’t run into problems. 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, SNAP recipients cant get electronic goods. As a retailer, if you violate the laws, you should expect getting a SNAP violation letter. Penalties of violating SNAP can result in fines, and penalties. If you conduct a serious violation, then you may end up with either a permanent or temporary disqualification. In most cases, store owners don’t know SNAP violations are even occurring. In many situations, it’s dishonest employees who are misusing the SNAP EBT program. If you’re accused of a SNAP violation to speak with a SNAP violation lawyer to ensure sure you don’t have your benefits revoked.
When a charge letter is delivered to your retail store, you have only ten days to respond to the claims by the USDA. Your failure to respond to the violations will permanently harm your store. If you don’t respond 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 won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers will discredit the findings of the USDA and appeal any penalties. The fines imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully chooses to impose large fines to curb violations. The USDA will look to see if you have a store compliance policy in place. It must be in writing at the store and in effect at the time the violations 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 will also look in order to see if the retail store owners benefited from the violations, or were aware of the violation. Any involvement of the management can lead to disqualification.
It’s highly recommended any grocery store owner that receives a letter speak to 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