If you accept EBT at your grocery store, then it’s possible have received a official warning from the USDA. This letter is most likely a SNAP violation letter, which is alleging you violated the SNAP program. The USDA will include proof to the SNAP violation letter, and it will contain records of transactions which occurred at your store that the government claims violates one or more genres of violations.
The first thing after you get a SNAP violation letter, you should speak to our our law firm. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the USDA will terminate/suspend your stores ability to accept EBT.
About The SNAP Program
This program helps families with get food each month. These benefits are given via an EBT card. The benefits on the EBT card aren’t for general usage, and they can’t be used for cash back transactions. The cards took over for food stamps in the 1990’s and are issued by each state individually which the SNAP participant lives. The SNAP program is run on a national level by the federal government.
The SNAP federal 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 does it mean to have a SNAP violation
Snap violations happen if and when a store violates any of the rules below.
The grocery store was involved inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting the benefits, or theft of the benefits.
Your grocery store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false information on the grocery stores application to accept EBT benefits.
Your store redeemed more EBT food stamps than sale of actual food during the same period.
Your employees accepted SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
How to defend your store against a SNAP violation
Spodek Law Group has experience managing SNAP violations letters. We 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 remove your EBT license. This comes with, or without, prior warnings and can appear at any time. The violation letter will have allegations in it, but most of them will outline violations, have evidence attached proving the violations. You have only 10 days to respond. After 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 SNAP violation letter, the USDA might still believe that a violation has occurred. If this happens, the USDA will issue another letter that outlines the governments decision to suspend or disqualify the grocery store based on the alleged violations. You have 10 days to appeal this. If you don’t, you’ll be unable to protest the USDA decision. Once you hire our lawyers, we file the appeal and notify the government appeal the decision. We’ll collect necessary evidence, and our team will draft an appellate brief containing all of the legal laws, legal evidence, etc. which is needed to fix the outcome.
In the event the USDA refuses to overturn the decision, in the Administrative Review, we will file a Judicial review at the local Federal 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. We 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 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 limits on how the funds can be used. For example, SNAP recipients cant buy electronic goods. If you violate the laws, you should expect getting 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 might end up with a temporary or permanent disqualification. In most cases, store owners didn’t even know the violations were even happening. Often, unethical employees are misusing the SNAP program. It’s helpful to speak with a SNAP violation attorney in order to make sure you don’t have your benefits revoked.
When a charge letter is delivered to your store, you have only ten days to respond to the violations. Failure to respond to the allegations will permanently harm your store. In addition, the USDA will make a verdict even if you don’t respond to the allegations. In the absence of a SNAP violation attorney, you won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers can 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 does huge fines to curb violations. The USDA look to see if you have a store compliance policy. It must be in writing at the store and in effect at the time the allegations were filed.
The grocery store must has to be able to prove the above mentioned policy was in existence before the allegations, and was not drafted after the violation letter. The USDA typically also looks in order to see if the owners benefited from the violations, or if the owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
It’s highly recommended any store that gets a allegation letter consult 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