If you accept EBT at your retail store, then may have been the recipient of a a official notice from the USDA. The letter is probably a SNAP violation letter, which is alleging you violated the SNAP program. The USDA will attach a number of pages to the SNAP violation notice, which will contain transactions that happened at your grocery store which the government is saying is in violation of one or more genres of violations.
The first thing after you get a SNAP violation letter, you must contact 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 payments.
About The SNAP Program
This program provides families with funds to buy food each month. These benefits are distributed with an EBT card. The SNAP benefits on the EBT card cannot be used for general usage, and they cannot 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 run on a national level by the federal government.
This program 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 violations occur when a grocery store is in violation of the rules below.
The store was involved intrafficking SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or theft of the benefits.
The grocery store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect information on the retail stores application to accept EBT benefits.
The grocery store took money for more coupons than food sales during the same period.
Your employees accepted SNAP benefits from someone who shouldn’t be allowed to use the benefits.
Defending against a SNAP Violation Letter
Spodek Law Group has experience managing SNAP violations letters. Our law firm can handle your SNAP violation process in all 3 phases of a SNAP Violation action.
Sending the letter is the initial step which is taken by the USDA USDA to remove your right to take EBT benefits. This comes with, or without, prior warnings and can happen at any time. The charging letter will contain allegations, but most letters will mention violations, and have attached documents detailing the violations. You have only 10 days to respond. After you hire our law firm, 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 notice of violation, the USDA might still feel that your store has violated the rules. If that happens, they’ll will 100% issue another letter that outlines the governments decision to suspend or disqualify the store based on the allegations set forth. Like before, you have ten days to appeal the decision. If you don’t, you’ll be stuck with the USDA decision. After you hire our lawyers, we’ll file the appeal and notify them we are going to appeal their decision. Our lawyers gather necessary evidence, and we will draft draft the necessary appeals briefs containing all of the case law, legal evidence, etc. which is critical to overturn the decision.
In the event the USDA refuses to overturn the binding decision, in the Administrative Review, we will file a Judicial review at the local Federal Court. This process is like a normal court case, where you’ll have to do standard processes like discovery, file motions, and have a trial. Our attorneys 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 normal situations, many retail store owners have no problems adhering to them. 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. If, and when, you violate the laws, you’ll get a SNAP violation letter. Snap violation penalties can result in fines, and penalties. If it’s believed you did a serious SNAP violation, then you may end up with either a permanent or temporary disqualification. In many situations, store owners don’t know SNAP violations were even occurring. In many situations, it’s dishonest employees who are misusing the SNAP EBT program. It’s helpful to speak with a SNAP violation lawyer to ensure sure you don’t have your benefits revoked.
When a charge letter is presented to your retail store, you have only 10 days to respond to the violations. Your failure to respond will permanently crush your store. If you don’t respond the USDA will generate 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 a fighting change. Our SNAP appeals lawyers can challenge the findings of the USDA and appeal any penalties. The fines imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose does large fines to in order to curb future violations. The USDA look to see if you have a store compliance policy. It has to be in writing at the store and in effect at the time the allegations were filed.
The retailer also be able to prove the compliance policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA will also look to check if the owners benefited in any way from the fraud, or were aware of the violation. If the management was involved it can lead to disqualification.
We highly recommend any store 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