If you’re a retailer who accepts EBT at your retail store, then you might have gotten a official notice from the USDA. The notification is most likely a SNAP violation notice, which is alleging you have violated the SNAP program. The USDA will attach a number of pages to the SNAP violation letter, which will have records of transactions which happened at your grocery store that the USDA is saying violates one or more categories of violations.
After you get a SNAP violation letter, you should speak to our our law firm. 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 take EBT.
About The SNAP Program
The SNAP program helps families with a certain amount of money each month. The SNAP program benefits are distributed to consumers through an EBT card. The funds on this card aren’t for general usage, and they cannot be used for fraudulent cash back services. The cards took the place of food stamps in the 1990’s and the card is issued in the state where the recipient lives. The program is operated on a national level by the federal government.
The government 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 counts as a SNAP violation
SNAP legal violations happen if and when a store is in violation of the rules below.
The grocery store is accused oftrafficking SNAP benefits. This can mean fraudulently accepting taking the benefits, or theft of the benefits.
The grocery store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect information on your retail stores application to accept EBT benefits.
Your grocery store took money for more EBT food stamps than sale of actual food over the same period.
Your employees accepted SNAP benefits from someone who isn’t eligible to use the benefits.
How to defend your store against a SNAP violation
Our law firm has experience handling SNAP appeals letters. Our team of attorneys can handle your SNAP Violation appeal in all 3 phases of a SNAP action.
Sending the letter is the first step which is going to be taken by USDA to remove your EBT license. This letter may come with no warning and can happen at any time. The charging letter contain details about alleged violations, but most letters will lay out violations, and have attached documents detailing the violations. Your response to the SNAP violation letter is due within 10 days. Once you hire Spodek Law Group, we 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 SNAP violation letter, the USDA may still feel that your store has violated the rules. If that happens, they’ll will definitely send a second letter which specifically states the governments decision to suspend or disqualify the retail store based on the alleged violations. Like before, you have 10 days to protest this verdict. If you choose not to, then you’ll be unable to protest the USDA decision. Once you hire our firm, we file the appeal to notify the USDA appeal the decision. We’ll collect necessary evidence, and we will draft generate the necessary appeals briefs which contains all of the legal laws, legal evidence, etc. which is necessary to overturn the decision.
In the event the USDA refuses to change the legal decision, in the Administrative Review, we will file a Judicial review at the local Federal District Court. This next phase is like a normal federal court case, where you’ll have to do standard processes like 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’s a lot of rules and regulations which you have to adhere to for EBT. In most normal situations, many retail 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 purchase electronic goods. If, and when, you violate the laws, you should expect getting a SNAP violation letter. Penalties of violating SNAP can result in severe and business crushing penalties. If it’s believed you did a major SNAP violation, then you may end up with either a permanent or temporary disqualification. In most cases, store owners didn’t even know the 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 appeals lawyer to make sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your grocery store, you only have ten days to respond to the allegations. Your failure to respond to the allegations will permanently crush your store. If you don’t respond the USDA will deliver a verdict even if you don’t respond to the allegations. In the absence of a SNAP violation attorney, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you a fighting change. Our lawyers can challenge the findings of the USDA and fight any decision. The penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully chooses to impose large fines to curb violations. The USDA look to see if you have a store compliance policy. It must be in writing and in effect at the time the allegations were filed.
The grocery store must be able to prove the compliance 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. If the managers were involved, it can lead to disqualification.
We highly recommend any store that gets a violation 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.
- Denton, CLIENT Denton