If you’re a retailer who accepts EBT at your retail store, then may have gotten a official warning from the USDA. The notification is most likely a SNAP violation notice, which is alleging you violated the SNAP program. The USDA will include proof to the SNAP violation notice, which will contain transactions which happened at your retail store that the government claims violates one or more categories of violations.
After you get a SNAP violation notice, you should speak to our our legal team. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the government will suspend your stores ability to accept EBT payments.
About The SNAP Program
This program provides families with get food each month. The SNAP program benefits are distributed via an EBT card. The funds on this card cannot be used for general usage, and they can’t be used for cash back transactions. The EBT cards took over for food stamps in the 1990’s and the card is issued by each state individually where the recipient lives. The program is run on a nationwide level by the government.
This government and it’s parameters 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 violations occur if and when a grocery store is in violation of the following rules.
The grocery store is accused ofthe trafficking of SNAP benefits. This can mean fraudulently accepting taking the benefits, or theft of the benefits.
Your retail store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false information on the retail stores application to accept EBT benefits.
Your store redeemed more EBT food stamps than actual food sales during the same period.
The employees of the store accepted SNAP benefits from someone who shouldn’t be allowed to use the benefits.
How we can help defend you against a SNAP violation notice
Spodek Law Group has experience managing SNAP violations letters. We can handle your SNAP violation process 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 no warning can come at any time. The charging letter has a variety of allegations, 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 our law firm, we handle 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 decide that a violation has occurred. If this happens, they’ll will definitely send a second letter which outlines their legal verdict to suspend or disqualify the store based on the accusations previously mentioned. You have 10 days to appeal this. If you don’t, then you’ll be unable to protest the USDA decision. After you hire our firm, our team the appeal and notify the USDA we are going to appeal their decision. We’ll gather necessary evidence, and we will draft generate an appellate brief containing all of the case law, evidence, etc. which is critical to change the outcome of the violations.
In the event the USDA refuses to change the violation claim, 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 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 grocery store retailer, there are many laws you have to adhere to for EBT. In most cases, many grocery store owners don’t run into problems. However, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limits on how the funds can be used. For example, SNAP recipients cant buy electronic goods. As a retailer, if you violate the laws, you’ll probably get a SNAP violation letter. Penalties of violating SNAP can result in severe fines. If you conduct a serious SNAP violation, then you may end up with a temporary or permanent disqualification. In most cases, owners of grocery stores didn’t even know SNAP violations were even happening. Often, it’s dishonest employees who are misusing the SNAP EBT program. It’s helpful to speak with a SNAP violation attorney to make sure you don’t have your benefits revoked.
When a charge letter is presented to your store, you only have 10 days to respond to the claims. Your failure to respond to the violations will permanently crush your store. In addition, the USDA will make a verdict even though 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 the ability to fight for your rights. Our SNAP appeals lawyers can fight the decision of the USDA and appeal any penalties. 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 typically look to see if you have a compliance policy in place. The policy must be in writing and the policy must be at the time the violations were filed.
The store owner also 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 from the violations, or if the business owners were aware of the fraud. If the management was involved it can lead to disqualification.
We highly recommend any grocery store owner that gets a violation 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