If you’re a retailer who accepts EBT at your grocery store, then it’s possible have been the recipient of a a official warning from the USDA. The notification is probably a SNAP violation letter, which is stating you have violated the SNAP program. The government will attach a number of pages to the SNAP violation letter, which will have records of transactions which occurred at your retail store which the USDA is saying is in violation of one or more genres of violations.
The first thing after you get a SNAP violation letter, you must contact our legal team. Remember, you have only ten days to respond to the letter. If you choose to ignore, the government will suspend your stores ability to take EBT.
About The Program
This program provides families with a certain amount of money each month. The SNAP program benefits are distributed to consumers through an EBT card. The benefits on the EBT card cannot legally be used for general use, and they can’t be used for cash back transactions. The EBT cards took the place of food stamps in the 1990’s and the card is issued by each state individually which the SNAP participant lives. This program is operated on a nationwide level by the government.
The SNAP program and it’s parameters are under handled by the US 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 happen if and when a grocery store violates any of the rules below.
The store took part intrafficking SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or stealing the benefits.
Your grocery store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false info on your grocery stores application to accept EBT benefits.
Your grocery store redeemed more coupons than sale of actual food during the same period.
The employees of the store have taken SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
How to defend your store against a SNAP violation
Spodek Law Group has experience managing SNAP appeals letters. Our team of attorneys can handle your SNAP violation process in all 3 phases of a SNAP Violation action.
Sending the letter is the initial step taken by the USDA to remove your right to take EBT benefits. The letter can come with no warning and can appear at any time. The violation letter will have allegations in it, but most of them will mention serious allegations, and have attached documents detailing the violations. Your response to the SNAP violation letter is due within 10 days. After you hire our law firm, we 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 notice of violation, the USDA may still decide that a violation has occurred. If that happens, they’ll will 100% issue another letter that outlines the governments decision to suspend or disqualify the store based on the alleged violations. Like before, you have ten days to appeal the verdict. If you don’t, you’ll be stuck with the USDA decision. Once you hire our law firm, our team the appeal to notify the government we are going to appeal their decision. We’ll collect necessary evidence, and our team will draft an appellate brief which contains all of the legal laws, evidence, etc. which is necessary to overturn the decision.
If the USDA refuses to overturn the binding decision, in the Administrative Review, we will file a Judicial review at the local Federal District Court. This process 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 grocery store retailer, there are many laws which you have to adhere to for EBT. In most cases, many grocery 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 get electronic goods. If you violate the laws, you’ll get a SNAP violation letter. Penalties of violating SNAP can result in fines, and penalties. If it’s believed you did a major SNAP violation, then you may end up with either a permanent or temporary disqualification. In many situations, owners of grocery stores don’t know the violations were even happening. Often, dishonest employees are misusing the SNAP EBT program. It’s helpful to consult with a SNAP violation lawyer to ensure sure you don’t have your benefits revoked.
When a charge letter is presented to your store, you only have ten days to respond to the claims. Your failure to respond to the violations will permanently harm your store. If you don’t respond the USDA will deliver a verdict even if 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 a fighting change. Our lawyers will challenge the findings of the USDA and appeal any penalties. The penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully imposes huge fines to in order to curb future violations. The USDA will typically look to see if you have a compliance policy in place. The policy must be in writing and in effect at the time the allegations were filed.
The retailer must has to be able to prove the compliance policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA typically also looks in order to see if the grocery store owners benefited from the violations, or were aware of the violation. If the managers were involved, it can lead to disqualification.
It’s highly recommended any owner that gets a letter consult 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.
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