If you accept EBT at your retail store, then it’s possible have been the recipient of a a official notice from the USDA. The notification 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 letter, which will have transactions which occurred at your store that the government claims is in violation of one or more categories of violations.
After you get a SNAP violation letter, you should speak to our our legal team. Remember, you have only ten days to respond to the letter. If you don’t respond, the USDA will terminate/suspend your stores ability to accept EBT payments.
About The Program
The SNAP program provides families with a certain amount of money each month. These benefits are distributed to consumers with an EBT card. The funds on this card aren’t for general usage, and they cannot be used for fraudulent cash back transactions. The EBT cards took over for food stamps in the 1990’s and are issued by each state individually where the recipient lives. The program is operated on a national level by the federal government.
The program 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 if and when a retail store violates any of the rules below.
The store took part inthe trafficking of SNAP benefits. This can mean fraudulently accepting taking the benefits, or theft of the benefits.
The retail store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect info on the store’s application to accept EBT benefits.
The store took money for more coupons than actual food sales during the same period.
Your employees have taken SNAP benefits from someone who isn’t allowed to use them.
How we can help defend you against a SNAP violation notice
Spodek Law Group has immense experience handling SNAP violation letters. Our law firm can handle your SNAP Violation appeal in all 3 phases of a SNAP action.
The charging letter is the first step taken by the USDA to remove your EBT license. This comes with no warning can come at any time. The violation letter has a variety of allegations, but most of them will outline serious allegations, with an attachment of details. You have only 10 days to respond. Once you hire Spodek Law Group, 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 notice of violation, the USDA might still feel that your store has violated the rules. If that happens, the USDA will 100% issue a second letter that outlines their decision to suspend or disqualify the retail store based on the alleged violations. Like before, you have 10 days to appeal the verdict. If you choose not to, then you’ll be unable to protest the USDA decision. Once you hire our firm, we file the necessary paperwork to notify them appeal the decision. Our lawyers gather necessary evidence, and our team will generate an appellate brief containing all of the legal laws, legal evidence, etc. which is needed to overturn the decision.
In the event the USDA refuses to change the decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal Court. This process 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 food store retailer, there are many laws which you have to adhere to for 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 limitations. For example, SNAP recipients cant buy electronic goods. If you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can result in severe and business crushing penalties. If you conduct a major SNAP violation, then you might end up with either a permanent or temporary disqualification. In most cases, owners of grocery stores didn’t know SNAP violations were even happening. Often, it’s dishonest employees who are misusing the SNAP program. If you’re accused of a SNAP violation to discuss your case with a SNAP violation lawyer to make sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your retail store, you only have 10 days to respond to the claims by the USDA. Failure to respond to the violations will permanently harm your store. In addition, the USDA will make 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 fight any penalties. The financial penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose imposes huge fines to curb violations. The USDA will look to see if you have a store compliance policy in place. It has to be in writing at the store and in effect at the time the allegations were filed.
The grocery store also has to be able to prove the above mentioned policy was in place before the charge, and wasn’t drafted after the violation was made. The USDA typically also looks to check if the retail 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.
It’s highly recommended any store 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