If you accept EBT at your grocery store, then you might have been the recipient of a a letter from the USDA. This letter is probably a SNAP violation notice, which is claiming you are in violation of the SNAP program. The government will include proof to the SNAP violation notice, which will have transactions that happened at your store that the USDA claims is in violation of one or more genres of violations.
After you get a SNAP violation notice, you must contact our law firm. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the USDA will terminate/suspend your stores privilege to accept EBT payments.
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 benefits on the EBT card cannot be used for general use, and they cannot be used for fraudulent cash back transactions. The cards took over for food stamps in the 1990’s and the card is issued in the state where the recipient lives. The program is run on a nationwide level by the government.
The government and the benefits that come with it are governed by the US Code and the Code of Federal Regulations. The USDA FNS agency enforces the regulations and runs the program.
What’s a SNAP Violation
Snap violations occur when a grocery store is in violation of the rules below.
The grocery store was involved inthe trafficking of SNAP benefits. This can mean fraudulently accepting the benefits, or theft of the benefits.
The retail store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect information on your retail stores application to accept EBT benefits.
Your grocery store redeemed more EBT food stamps than actual food sales at the same time.
The employees of the store accepted SNAP benefits from someone who isn’t eligible to use the benefits.
How to defend your store against a SNAP violation
Spodek Law Group has immense experience managing SNAP appeals letters. Our law firm can handle your SNAP Violation appeal in all phases of a SNAP action.
Sending the letter is the first step which is taken by the USDA USDA to remove your right to take EBT benefits. This comes with, or without, prior warnings and can happen at any time. The SNAP violation letter has a variety of allegations, but most of them will detail violations, with an attachment of details. You have only 10 days to respond. Once you hire our law firm, 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 violation letter, the USDA may still feel that your store has violated the rules. If this happens, the USDA will definitely send a second letter that specifically states the agencies decision to suspend or disqualify the retail store based on the alleged violations. You have 10 days to appeal this. If you don’t, then you’ll be stuck with the USDA decision. Once you hire our lawyers, our team the legal papers to notify them appeal the decision. We’ll gather necessary evidence, and we will draft draft an appellate brief which contains all of the legal laws, evidence, etc. which is needed to change the outcome of the violations.
In the event the USDA refuses to overturn the violation claim, in the Administrative Review, our lawyers will file a Judicial review at the local Federal Court. The Judicial Appeal is like a normal case, where you’ll be able to do 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 are many laws which you have to adhere to for EBT. In most normal situations, many retail store owners have no issues 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 get 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 you conduct a serious SNAP violation, then you might end up with either a permanent or temporary disqualification. In many situations, store owners didn’t even know SNAP violations were even occurring. Often, it’s dishonest employees are misusing the SNAP EBT program. It’s helpful to speak with a SNAP violation attorney to make sure you don’t have your benefits revoked.
When a SNAP violation letter is delivered to your retail store, you have only 10 days to respond to the violations. Your failure to respond to the violations will permanently crush your store. In addition, the USDA will deliver a verdict even though you don’t respond to the allegations. In the absence of a SNAP violation attorney, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers can challenge the findings of the USDA and appeal any penalties. The penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully chooses to impose large fines to in order to curb future violations. The USDA look to see if you have a store compliance policy. The policy has to be in writing at the store and the policy must be at the time the allegations were filed.
The retailer also has to be able to prove the compliance policy was in existence before the allegations, and was not drafted after the violation letter. The USDA typically also looks to see if the owners benefited in any way from the fraud, or if the owners were aware of the fraud. Any involvement of the management can lead to disqualification.
It’s highly recommended any store 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