If you’re a retailer who accepts EBT at your grocery store, then it’s possible have received a official notice from the USDA. The notice is most likely a SNAP violation letter, which is claiming you violated the SNAP program. The government will attach a number of pages to the SNAP violation notice, which will have records of transactions that happened at your grocery store which the government is saying violates one or more categories of violations.
The first thing after you get a SNAP violation letter, you must contact our legal team. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the government will terminate/suspend your stores ability to accept EBT payments.
About The SNAP Program
The SNAP program helps families with a certain amount of money each month. These benefits are distributed to consumers via an EBT card. The funds on the card are not for general usage, and they cannot be used for fraudulent cash back services. The EBT cards took the place of food stamps in the 1990’s and are issued by each state individually where the consumer lives. The SNAP program is operated on a nationwide level by the government.
The SNAP federal and the benefits that come with it are under handled by the United States 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 store is in violation of the following rules.
The grocery store was involved intrafficking SNAP benefits. This can mean fraudulently accepting 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 info on your retail stores application to accept EBT benefits.
The store redeemed more coupons than food sales during the same period.
Your employees have taken SNAP benefits from someone who isn’t allowed to use them.
How we can help defend you against a SNAP violation notice
Spodek Law Group has immense experience handling SNAP appeals letters. Our team of attorneys can handle your SNAP Violation appeal in all phases of a SNAP Violation action.
The charging letter is the first step which is taken by the USDA USDA to take away your right to take EBT benefits. The letter can come with, or without, prior warnings and can appear at any time. The charging letter has a variety of allegations, but most letters will lay out violations, with an attachment of details. You have only 10 days to respond. After 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 notice of violation, the USDA might still feel that a violation has occurred. If that happens, the USDA will issue another letter which specifically states the governments legal verdict to suspend or disqualify the grocery store based on the accusations previously mentioned. You have 10 days to appeal this. If you choose not to, then you’ll be stuck with the USDA decision. After you hire our lawyers, we’ll file the necessary paperwork and notify them appeal the decision. We’ll collect necessary evidence, and we will draft generate the necessary appeals briefs which contains all of the case law, evidence, etc. which is needed to fix the outcome.
If the USDA refuses to change the binding decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal Court. The Judicial Appeal is like a normal case, where you’ll be able to do discovery, file motions, and have a trial. Our law firm can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there’s a lot of rules and regulations you have to adhere to for EBT. In most cases, many grocery store owners have no issues 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, people getting SNAP benefits cant purchase electronic goods. If 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 violation, then you may end up with either a permanent or temporary disqualification. In many situations, store owners didn’t even know SNAP violations are even occurring. In many situations, 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 SNAP violation letter is sent to your grocery store, you have only 10 days to respond to the claims by the USDA. Your failure to respond to the violations will permanently harm your store. If you don’t respond the USDA will generate a verdict even though you don’t respond to the allegations. In the absence of a SNAP violation attorney, you cannot defend your store. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers can challenge the decision 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 huge 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 has to be in writing at the store and the policy must be at the time the violations were filed.
The retailer 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 see if the grocery store owners benefited from the violations, or if the business owners were aware of the fraud. Any involvement of the management can lead to disqualification.
We highly recommend any store that gets a allegation 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