If you’re a retailer who accepts EBT at your retail store, then you might have received a letter from the USDA. The notification is most likely a SNAP violation letter, which is stating you violated the SNAP program. The USDA will include proof to the SNAP violation letter, which will have records of transactions which occurred at your retail store that the government is saying is in violation of one or more categories of violations.
The first thing after you get a SNAP violation letter, you should contact our law firm. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the USDA will suspend your stores ability to accept EBT.
About The SNAP Program
The SNAP program helps families with get food each month. These benefits are given with an EBT card. The funds on the EBT card cannot be used for general usage, and they cannot be used for fraudulent cash back services. The cards took the place of food stamps in the 1990’s and the card is issued in the state where the consumer lives. The SNAP program is operated on a national level by the government.
The SNAP government and it’s benefits 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 if and when a retail store violates any of the rules below.
The grocery store is accused ofthe trafficking of SNAP benefits. Examples of this is fraudulently accepting benefits, or theft of the benefits.
The grocery store took SNAP funds 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 took money for more coupons than sale of actual food over the same period.
Your employees have taken SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
Defending against a SNAP Violation Letter
Spodek Law Group has experience managing SNAP violations letters. Our team of attorneys can handle your SNAP violation process in all phases of a SNAP Violation action.
Sending the letter is the first step taken by the USDA to remove your EBT license. This letter may come with no warning and can appear at any time. The SNAP violation letter has a variety of allegations, but most letters will lay out violations, and have attached documents detailing the violations. Your response to the SNAP violation letter is due within 10 days. Once you hire our law firm, 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.
After reviewing the store’s answer to the SNAP violation letter, the USDA may still decide that your store has violated the rules. If that happens, they’ll will 100% issue another letter which specifically states their legal verdict to suspend or disqualify the grocery store based on the allegations set forth. You have 10 days to appeal this. If you choose not to, then you’ll be stuck with the USDA decision. After you hire our lawyers, our team the necessary paperwork and notify the government we are going to appeal their decision. Our lawyers gather necessary evidence, and we will draft generate an appellate brief which contains all of the legal laws, legal evidence, etc. which is needed to fix the outcome.
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 court 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 grocery store retailer, there are many laws have to obey in order to accept EBT. In most normal situations, many grocery store owners have no problems adhering to them. However, USDA’s SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant purchase electronic goods. If you violate the laws, you’ll get a SNAP violation letter. Snap violation penalties can result in fines, and penalties. If you conduct a serious SNAP violation, then you might end up with a temporary or permanent disqualification. In most cases, owners of grocery stores don’t know SNAP violations were even occurring. In many situations, it’s dishonest employees are misusing the SNAP program. If you’re accused of a SNAP violation to consult with a SNAP violation lawyer in order to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your store, you only have 10 days to respond to the allegations. Your failure to respond to the violations will permanently crush your store. If you don’t respond the USDA will generate 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 a fighting change. Our SNAP appeals lawyers will discredit the decision of the USDA and fight any penalties. The financial penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully chooses to impose huge 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 the policy must be at the time the violations were filed.
The store owner must 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 check if the grocery store owners benefited from the violations, or if the owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
We highly recommend any store owner that gets a violation 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