If you accept EBT at your retail store, then may have gotten a official notice from the USDA. The letter is most likely a SNAP violation notice, which is claiming you violated the SNAP program. The government will include proof to the SNAP violation notice, which will contain records of transactions that occurred at your grocery store which the USDA claims violates one or more categories of violations.
The first thing after you get a SNAP violation letter, you must 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 grocery store’s ability to accept EBT.
About The SNAP Program
The SNAP program provides families with get food each month. These benefits are distributed to consumers with an EBT card. The funds on the card are not for general use, and they can’t be used for fraudulent cash back transactions. The EBT cards took over for food stamps in the 1990’s and the card is issued in the state where the consumer lives. The SNAP program is run on a national level by the federal government.
The 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 counts as a SNAP violation
Snap violations occur when a retail store is in violation of the rules below.
The retail store took part intrafficking SNAP benefits. This can mean fraudulently accepting the benefits, or stealing the benefits.
The retail store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false information on your store’s application to accept EBT benefits.
Your grocery store took money for more EBT food stamps than food sales during the same period.
Your employees took SNAP benefits from someone who isn’t eligible to use the benefits.
Defending against a SNAP Violation Letter
Spodek Law Group has experience managing SNAP violations letters. We can handle your SNAP Violation appeal in all phases of a SNAP violation action.
Sending the letter is the first step which is going to be taken by USDA to remove your EBT license. The letter can come with, or without, prior warnings and can happen at any time. The violation letter will have allegations in it, but most letters will detail violations, have evidence attached proving 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 violation letter, the USDA may still believe that your store has violated the rules. If that happens, they’ll will 100% issue another letter which specifically states the governments decision to suspend or disqualify the grocery store based on the alleged violations. You have 10 days to appeal this. If you choose not to, you’ll be stuck with the USDA decision. After you hire our law firm, we file the appeal to notify the government appeal the decision. Our lawyers collect necessary evidence, and our team will generate the necessary appeals briefs containing all of the legal laws, evidence, etc. which is critical to change the outcome of the violations.
If the USDA refuses to override the binding decision, 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. We can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there’s a lot of rules and regulations you have to adhere to for EBT. In most normal situations, many retail store owners don’t run into problems. However, USDA’s SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant buy electronic goods. If, and when, you violate the laws, you’ll probably get a SNAP violation letter. Penalties of violating SNAP can result in severe and business crushing penalties. If you conduct a major violation, then you may end up with either a permanent or temporary disqualification. In many situations, owners of grocery stores didn’t know SNAP violations were even occurring. Often, dishonest employees who are misusing the SNAP EBT program. If you’re accused of a SNAP violation to speak with a SNAP violation appeals lawyer to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your retail store, you only have ten days to respond to the allegations. Your failure to respond to the allegations will permanently crush your store. In addition, the USDA will deliver a verdict even though you choose not to respond to the allegations. In the absence of a SNAP violation attorney, you cannot defend your store. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers can challenge the decision of the USDA and fight any decision. The fines imposed can be huge – 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 typically look to see if you have a compliance policy in place. It must be in writing and the policy must be at the time the violations 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 see if the retail store owners benefited from the violations, or if the owners were aware of the fraud. Any involvement of the management can lead to disqualification.
It’s highly recommended any store owner that receives a 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.
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