If you’re a retailer who accepts EBT at your grocery store, then may have been the recipient of a a letter of warning from the USDA. The notification is most likely a SNAP violation letter, which is alleging you violated the SNAP program. The USDA will attach a number of pages to the SNAP violation letter, which will contain transactions that happened at your retail store that the government claims violates one or more categories of violations.
After you get a SNAP violation notice, you must speak to our our legal team. Remember, you have only ten days to respond to the letter. If you choose to ignore, the USDA will suspend your stores ability to accept EBT payments.
About The Program
This program helps families with money each month. These benefits are distributed to consumers via an EBT card. The funds on this card cannot legally be used for general usage, and they can’t be used for fraudulent cash back transactions. The cards took over for food stamps in the 1990’s and are issued by each state individually where the recipient lives. This program is operated on a national level by the government.
The program and it’s benefits are governed by the US Code and the Code of Federal Regulations. The USDA FNS agency enforces the regulations and runs the program.
What does it mean to have a SNAP violation
Snap violations happen if and when a retail store is in violation of the rules below.
The store took part inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting the benefits, or theft of the benefits.
Your retail store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false info on your store’s application to accept EBT benefits.
The store took money for more EBT food stamps than sale of actual food during the same period.
Your employees accepted SNAP benefits from someone who isn’t eligible to use the benefits.
How we can help defend you against a SNAP violation notice
Spodek Law Group has experience handling SNAP violation letters. Our law firm can handle your SNAP Violation appeal in all 3 phases of a SNAP violation action.
The charging letter is the first step which is going to be taken by USDA to remove 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 letters will detail serious allegations, with an attachment of details. 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 notice of violation, the USDA may still believe that a violation has occurred. If this happens, they’ll will 100% issue a second letter which outlines the agencies decision to suspend or disqualify the retail store based on the alleged violations. Like before, you have ten days to protest the verdict. If you choose not to, you’ll be stuck with the USDA decision. After you hire our firm, we file the legal papers and notify them we are going to appeal their decision. Our lawyers collect necessary evidence, and our team will draft an appellate brief which contains all of the legal laws, legal evidence, etc. which is critical to fix the outcome.
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. The Judicial Appeal 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’s a lot of rules and regulations 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 limitations. For example, people getting SNAP benefits cant purchase electronic goods. If, and when, you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can result in fines, and penalties. If you conduct a serious SNAP violation, then you may end up with either a permanent or temporary disqualification. In most cases, store owners didn’t even know SNAP violations were even occurring. In many situations, unethical employees are misusing the SNAP program. If you’re accused of a SNAP violation to consult 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 store, you only have 10 days to respond to the claims. Failure to respond to the violations will permanently crush your store. If you don’t respond the USDA will make a verdict even if you don’t respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you a fighting change. Our lawyers will fight 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 purposefully imposes large fines to in order to curb future violations. The USDA will look to see if you have a store compliance policy in place. The policy has to be in writing at the store and the policy must be at the time the allegations were filed.
The store owner also has to be able to prove the compliance policy was in place before the charge, and was not drafted after the violation letter. The USDA typically also looks to check if the retail store owners benefited from the violations, or were aware of the violation. If the management was involved it can lead to disqualification.
It’s highly recommended any grocery store owner that receives a allegation 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