Nationwide SNAP Violation Lawyers

Omaha Snap Violation Lawyers

If you’re a retailer who accepts EBT at your retail store, then you might have received a notice from the USDA. This notification is probably a SNAP violation letter, which is alleging you have violated the SNAP program. The government will include proof to the SNAP violation notice, which will have transactions that occurred at your grocery store which the government is saying violates one or more groups of violations.

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 choose to ignore, the USDA will terminate/suspend your stores ability to accept EBT payments.

About The Program

The SNAP program provides families with get food each month. The SNAP program benefits are distributed to consumers via an EBT card. The SNAP benefits on this card are not for general usage, and they cannot be used for fraudulent cash back services. The EBT cards took over for food stamps in the 1990’s and the card is issued in the state where the consumer lives. The program is operated on a nationwide level by the federal government.

The federal 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 violations happen when a retail store is in violation of the rules below.

The store is accused ofthe trafficking of SNAP benefits. This can mean fraudulently accepting the benefits, or stealing the benefits.

The retail store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.

The store submitted false information on your grocery stores application to accept EBT benefits.

The store redeemed more coupons than sale of actual food during the same period.

The employees of the store 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 immense experience handling SNAP violations letters. We can handle your SNAP violation process in all 3 phases of a SNAP Violation action.

Sending the letter is the first step which is taken by the USDA USDA to take away your EBT license. The letter can come with, or without, prior warnings can come at any time. The SNAP violation letter contain details about alleged violations, but most of them will mention 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, our lawyers take into their hands 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 SNAP violation letter, the USDA might still decide that your store has violated the rules. If this happens, the USDA will issue a second letter which specifically states the agencies decision to suspend or disqualify the grocery store based on the allegations set forth. Like before, you have 10 days to protest this decision. If you don’t, then you’ll be stuck with the USDA decision. Once you hire our lawyers, we’ll file the necessary paperwork to notify the USDA we are going to appeal their decision. We’ll gather necessary evidence, and we will draft draft an appellate brief containing all of the legal laws, legal evidence, etc. which is necessary to fix the outcome.

In the event the USDA refuses to override the legal decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal Court. This next phase is like a normal court case, where you’ll be able to do discovery, file motions, and have a trial. Our attorneys 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 limitations. For example, SNAP recipients cant purchase electronic goods. As a retailer, if you violate the laws, you’ll get 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 may end up with either a permanent or temporary disqualification. In most cases, owners of grocery stores didn’t even know SNAP violations were even happening. In many situations, dishonest employees are misusing the SNAP program. It’s helpful to speak with a SNAP violation appeals lawyer to make sure you don’t have your benefits revoked.

When a charge letter is sent to your grocery store, you have only 10 days to respond to the claims by the USDA. Failure to respond to the violations 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. In the absence of a SNAP violation attorney, you cannot defend your store. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers will 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 purposefully chooses to impose large fines to curb 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 when the violations were filed.

The grocery store must has to be able to prove the above mentioned policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA will also look to see if the retail store owners benefited in any way from the fraud, or were aware of the violation. If the management was involved it can lead to disqualification.

It’s highly recommended any owner that receives a 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.