If you accept EBT at your grocery store, then it’s possible have been the recipient of a a official warning from the USDA. This notice is most likely a SNAP violation notice, which is stating you have violated the SNAP program. The USDA will attach a number of pages to the SNAP violation letter, and it will contain records of transactions that occurred at your store that the government is saying is in violation of one or more genres of violations.
After you get a SNAP violation notice, you should definitely contact our legal team. Remember, you have only ten days to respond to the letter. If you don’t respond, the government will terminate/suspend your stores privilege to take EBT.
About The SNAP Program
This program provides families with a certain amount of money each month. These benefits are distributed with an EBT card. The funds on the EBT card cannot legally be used for general use, and they can’t be used for fraudulent cash back services. The cards took the place of food stamps in the 1990’s and the card is issued by each state individually which the SNAP participant lives. The program is operated on a national level by the government.
The program and it’s benefits 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 does it mean to have a SNAP violation
Snap violations happen if and when a retail store violates any of the following rules.
The grocery store took part inthe trafficking of SNAP benefits. This can mean fraudulently accepting benefits, or stealing the benefits.
Your retail store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false information on the grocery stores application to accept EBT benefits.
Your store took money for more EBT food stamps than food sales during the same period.
Your employees accepted SNAP benefits from someone who isn’t allowed to use them.
Defending against a SNAP Violation Letter
Our law firm has experience managing SNAP violation letters. We can handle your SNAP violation process in all 3 phases of a SNAP violation action.
Sending the violation letter is the initial step which is going to be taken by USDA to remove your EBT license. The letter can come with, or without, prior warnings and can appear at any time. The charging letter contain details about alleged violations, but most of them will outline serious allegations, and have attached documents detailing the violations. You have only 10 days to respond. Once you hire Spodek Law Group, our lawyers 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 violation letter, the USDA may still decide that a violation has occurred. If this happens, the USDA will 100% issue a second letter that specifically states the agencies decision to suspend or disqualify the retail store based on the allegations set forth. Like before, you have ten days to protest the decision. If you don’t, you’ll be stuck with the USDA decision. Once you hire our law firm, our team the necessary paperwork and notify them appeal the decision. Our lawyers collect necessary evidence, and our team will generate an appellate brief which contains all of the case law, legal evidence, etc. which is necessary to fix the outcome.
In the event the USDA refuses to change the decision, in the Administrative Review, we will file a Judicial review at the local Federal District Court. The Judicial Appeal is like a normal court case, where you’ll have to do standard processes like discovery, file motions, and have a trial. Our law firm 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 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 get 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 it’s believed you did a serious violation, then you may end up with a temporary or permanent disqualification. In most cases, store owners didn’t know the violations were even occurring. In many situations, dishonest employees who are misusing the SNAP EBT program. If you’re accused of a SNAP violation to consult with a SNAP violation attorney in order to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is delivered to your store, you only have ten days to respond to the violations. Your failure to respond to the allegations will permanently harm 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 discredit the findings of the USDA and appeal any decision. The penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose does huge fines to in order to curb future violations. The USDA look to see if you have a store compliance policy. It must be in writing and the policy must be at the time the allegations were filed.
The retailer must has to be able to prove the compliance policy was in place before the charge, and wasn’t drafted after the violation was made. The USDA typically also looks in order to check if the grocery store owners benefited in any way from the fraud, or were aware of the violation. If the managers were involved, it can lead to disqualification.
It’s highly recommended any store that receives a 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