If you’re a retailer who accepts EBT at your retail store, then may have received a notice from the USDA. This notice is most likely a SNAP violation notice, which is claiming you are in violation of the SNAP program. The USDA will include proof to the SNAP violation letter, and it will contain records of transactions which occurred at your grocery store that the government claims violates one or more categories of violations.
The first thing after you get a SNAP violation notice, you must contact 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 take EBT.
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 funds on the card aren’t for general usage, and they can’t be used for fraudulent cash back services. The EBT cards took over for food stamps in the 1990’s and the card is issued in the state which the SNAP participant lives. This program is run on a national level by the government.
The SNAP program and it’s parameters 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 does it mean to have a SNAP violation
SNAP legal violations happen when a retail store is in violation of the rules below.
The retail store is accused oftrafficking SNAP benefits. This can mean fraudulently accepting the benefits, or stealing the benefits.
Your grocery store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false information on the store’s application to accept EBT benefits.
The store took money for more coupons than food sales at the same time.
Your employees have taken SNAP benefits from someone who shouldn’t be allowed to use the benefits.
How we can help defend you against a SNAP violation notice
Spodek Law Group has experience managing SNAP appeals letters. Our team of attorneys 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 take away your EBT license. This letter may come with, or without, prior warnings and can appear at any time. The charging letter contain details about alleged violations, but most of them will lay out violations, with an attachment of details. You have only 10 days to respond. Once you hire our law firm, 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 might still decide that your store has violated the rules. If that happens, the USDA will issue another letter which specifically states their decision to suspend or disqualify the store based on the alleged violations. Like before, you have ten days to protest the decision. If you don’t, you’ll be stuck with the USDA decision. After you hire our lawyers, we’ll file the necessary paperwork and notify them appeal the decision. Our lawyers collect 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, 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 law firm can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there’s a lot of rules and regulations have to obey in order to accept EBT. In most cases, many retail store owners have no issues adhering to them. However, USDA’s SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limits on how the funds can be used. For example, people getting SNAP benefits cant buy electronic goods. If you violate the laws, you’ll get a SNAP violation letter. Snap violation penalties can include fines and penalties. If you conduct a serious SNAP violation, then you may end up with either a permanent or temporary disqualification. In many situations, owners of grocery stores didn’t know the violations were even occurring. Often, it’s dishonest employees are misusing the SNAP EBT program. It’s helpful to discuss your case with a SNAP violation appeals lawyer to make sure you don’t have your benefits revoked.
When a charge letter is sent to your retail store, you have only 10 days to respond to the claims. Failure to respond to the allegations will permanently crush your store. In addition, the USDA will make 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. Retaining a SNAP violation lawyer gives you a fighting change. Our lawyers will 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 on purpose does huge fines to in order to curb future violations. The USDA will look to see if you have a store compliance policy in place. The policy has to be in writing at the store and the policy must be when the allegations were filed.
The grocery store must 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 to see if the owners benefited from the violations, or if the owners were aware of the fraud. If the management was involved it can lead to disqualification.
We highly recommend any grocery store owner that gets a letter speak to 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