If you accept EBT at your grocery store, then it’s possible have gotten a official notice from the USDA. The letter is most likely a SNAP violation notice, which is alleging you violated the SNAP program. The government will include proof to the SNAP violation letter, which will contain records of transactions which occurred at your retail store that the government is saying is in violation of one or more genres of violations.
The first thing after you get a SNAP violation notice, you should definitely speak to our our law firm. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the USDA will suspend your stores ability to accept EBT.
About The Program
The SNAP program provides families with get food each month. The SNAP program benefits are distributed through an EBT card. The SNAP benefits on this card cannot be used for general usage, and they cannot be used for fraudulent cash back services. The EBT cards took over for food stamps in the 1990’s and are issued in the state where the recipient lives. The SNAP program is operated on a nationwide level by the federal government.
This government and it’s benefits 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’s a SNAP Violation
Snap violations occur if and when a retail store violates any of the rules below.
The retail store was involved inthe trafficking of SNAP benefits. This can mean fraudulently accepting benefits, or stealing the benefits.
The grocery store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect info on the retail stores application to accept EBT benefits.
Your store redeemed more EBT food stamps than sale of actual food during the same period.
The employees of the store 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 experience managing SNAP appeals letters. We can handle your SNAP Violation appeal in all phases of a SNAP action.
The charging letter is the initial step which is going to be taken by USDA to take away your right to take EBT benefits. This letter may come with, or without, prior warnings and can happen at any time. The violation letter will contain allegations, but most of them will detail serious allegations, have evidence attached proving the violations. You have only 10 days to respond. Once you hire Spodek Law Group, 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 violation letter, the USDA might still decide that your store has violated the rules. If that happens, they’ll will definitely send another letter which outlines the agencies legal verdict to suspend or disqualify the store based on the accusations previously mentioned. You have 10 days to appeal this. If you choose not to, then you’ll be stuck with the USDA decision. Once you hire our lawyers, we’ll file the legal papers and notify them appeal the decision. We’ll collect necessary evidence, and our team will draft the necessary appeals briefs containing all of the case law, evidence, etc. which is critical to overturn the decision.
If the USDA refuses to change the binding decision, in the Administrative Review, we will file a Judicial review at the local Federal Court. This process is like a normal court case, where you’ll be able to do discovery, file motions, and have a trial. Our lawyers 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 normal situations, many retail store owners have no problems 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 purchase electronic goods. As a retailer, if you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can include fines and penalties. If you conduct a major violation, then you may end up with either a permanent or temporary disqualification. In most cases, owners of grocery stores didn’t know SNAP violations were even occurring. In many situations, dishonest employees who are misusing the SNAP program. If you’re accused of a SNAP violation to speak with a SNAP violation attorney in order to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your retail store, you have only ten days to respond to the claims. Your failure to respond to the allegations will permanently harm your store. If you don’t respond the USDA will generate a verdict even if you don’t respond to the allegations. Without legal experience, you cannot defend your store. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers can challenge the findings of the USDA and appeal any decision. The financial penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose chooses to impose large fines to in order to curb future violations. The USDA will look to see if you have a store compliance policy in place. It must be in writing and in effect when the violations were filed.
The store owner must has to be able to prove the above mentioned policy was in existence before the allegations, and was not drafted after the violation letter. The USDA will also look to check if the grocery store 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.
We highly recommend any store owner that receives a violation letter speak to 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.