If you’re a retailer who accepts EBT at your grocery store, then you might have been the recipient of a a notice from the USDA. The notification is most likely a SNAP violation notice, which is claiming you are in violation of the SNAP program. The USDA will attach a number of pages to the SNAP violation notice, and it will contain records of transactions that happened at your store that the government is saying is in violation of one or more categories of violations.
After you get a SNAP violation letter, you must contact our law firm. Remember, you have only ten days to respond to the letter. If you don’t respond, the USDA will suspend your stores privilege to accept EBT payments.
About The Program
The SNAP program provides families with get food each month. The SNAP program benefits are given via an EBT card. The SNAP benefits on this card cannot legally be used for general usage, and they can’t be used for cash back transactions. The EBT cards took the place of food stamps in the 1990’s and are issued by each state individually where the recipient lives. The SNAP program is run on a national level by the government.
The SNAP government and it’s parameters 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 counts as a SNAP violation
Snap violations occur when a grocery store violates any of the following rules.
The store took part inthe trafficking of SNAP benefits. This can mean fraudulently accepting the benefits, or theft of the benefits.
The 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 coupons than sale of actual food at the same time.
The employees of the store have taken 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 violation letters. Our law firm can handle your SNAP Violation appeal in all phases of a SNAP action.
The charging letter is the first step taken by the USDA to remove your EBT license. This letter may come with, or without, prior warnings can come at any time. The violation letter contain details about alleged violations, but most of them will lay out serious allegations, 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.
After reviewing the store’s answer to the notice of violation, the USDA may still believe that a violation has occurred. If that happens, they’ll will issue a second letter which specifically states their legal verdict to suspend or disqualify the store based on the alleged violations. You have 10 days to appeal this. If you choose not to, you’ll be stuck with the USDA decision. After you hire our lawyers, our team the legal papers and notify the USDA appeal the decision. Our lawyers gather necessary evidence, and our team will generate the necessary appeals briefs containing all of the case law, legal evidence, etc. which is needed to fix the outcome.
If the USDA refuses to overturn 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 grocery store retailer, there’s a lot of rules and regulations you have to adhere to for EBT. In most cases, many retail store owners have no problems adhering to them. However, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant buy electronic goods. As a retailer, if you violate the laws, you’ll get a SNAP violation letter. Snap violation penalties can result in severe fines. If it’s believed you did a major violation, then you may end up with a temporary or permanent disqualification. In many situations, owners of grocery stores didn’t know SNAP violations were even occurring. Often, it’s dishonest employees who are misusing the SNAP EBT program. If you’re accused of a SNAP violation to discuss your case with a SNAP violation attorney in order to make sure you don’t have your benefits revoked.
When a charge letter is presented to your grocery store, you have only 10 days to respond to the claims. Failure to respond to the allegations will permanently crush your store. In addition, the USDA will generate a verdict even though you don’t respond to the allegations. Without legal experience, you cannot defend your store. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our 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 does large fines to curb violations. The USDA will look to see if you have a store compliance policy in place. It must be in writing and the policy must be at the time the allegations were filed.
The grocery store also be able to prove the above mentioned policy was in place before the charge, and wasn’t drafted after the violation was made. The USDA will also look to check if the retail store owners benefited from the violations, or if the business owners were aware of the fraud. If the management was involved it can lead to disqualification.
We highly recommend any store that receives a allegation 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.
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