If you accept EBT at your grocery store, then may have been the recipient of a a letter of warning from the USDA. This notice is most likely a SNAP violation letter, which is claiming you have violated the SNAP program. The government will attach a number of pages to the SNAP violation notice, and it will contain transactions which happened at your store that the USDA claims is in violation of one or more groups of violations.
After you get a SNAP violation notice, you must contact our law firm. Remember, you have only ten days to respond to the letter. If you choose to ignore, the government will terminate/suspend your stores ability to accept EBT.
About The Program
This program provides families with get food each month. The SNAP program benefits are distributed to consumers with an EBT card. The SNAP benefits on the EBT card cannot legally be used for general use, and they can’t be used for cash back services. The cards took the place of food stamps in the 1990’s and the card is issued by each state individually where the recipient lives. This program is operated on a national level by the federal government.
The SNAP federal and it’s benefits are governed 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 legal violations occur when a retail store is in violation of the rules below.
The retail store is accused oftrafficking SNAP benefits. This can mean fraudulently accepting the 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 grocery stores application to accept EBT benefits.
Your store took money for more EBT food stamps than actual food sales at the same time.
The employees of the store took SNAP benefits from someone who isn’t allowed to use them.
How we can help defend you against a SNAP violation notice
Our law firm has immense experience handling SNAP violations letters. Our law firm can handle your SNAP Violation appeal in all phases of a SNAP action.
Sending the letter is the initial step which is going to be taken by USDA to take away your right to take EBT benefits. This comes with, or without, prior warnings can come at any time. The SNAP violation letter contain details about alleged violations, but most of them will lay out serious allegations, and have attached documents detailing the violations. Your response to the SNAP violation letter is due within 10 days. After 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 notice of violation, the USDA might still believe that your store has violated the rules. If this happens, they’ll will issue a second letter that outlines their legal verdict to suspend or disqualify the retail store based on the allegations set forth. You have 10 days to appeal this. If you don’t, you’ll be unable to protest the USDA decision. Once you hire our law firm, our team the necessary paperwork to notify the government appeal the decision. Our lawyers collect necessary evidence, and we will draft generate the necessary appeals briefs which contains all of the case law, evidence, etc. which is necessary to change the outcome of the violations.
In the event the USDA refuses to change the decision, in the Administrative Review, we will file a Judicial review at the local Federal Court. This process is like a normal federal court case, where you’ll be able to do discovery, file motions, and have a trial. We can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there are many laws you have to adhere to for EBT. In most normal situations, many retail store owners have no issues adhering to them. However, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, people getting SNAP benefits cant buy electronic goods. If, and when, you violate the laws, you should expect getting a SNAP violation letter. Penalties of violating SNAP can include fines and penalties. If it’s believed you did a serious SNAP violation, then you might end up with either a permanent or temporary disqualification. In many situations, owners of grocery stores didn’t even know SNAP violations were even occurring. Often, unethical 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 presented to your store, you only have ten days to respond to the violations. Your failure to respond to the allegations will permanently harm your store. If you don’t respond the USDA will make a verdict even if you choose not to respond to the allegations. Without legal experience, you cannot defend your store. Retaining a SNAP violation lawyer gives you a fighting change. Our lawyers can challenge the findings of the USDA and fight any decision. The financial penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose chooses to impose huge fines to curb violations. The USDA look to see if you have a store compliance policy. The policy must be in writing at the store and the policy must be at the time the violations were filed.
The grocery store must be able to prove the compliance policy was in place before the charge, and was not drafted after the violation letter. The USDA will also look to check if the retail store owners benefited in any way from the fraud, or were aware of the violation. If the managers were involved, it can lead to disqualification.
It’s highly recommended any store owner that receives a violation letter consult 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