If you’re a retailer who accepts EBT at your retail store, then it’s possible have been the recipient of a a official notice from the USDA. This letter is probably a SNAP violation letter, which is alleging you have violated the SNAP program. The USDA will include proof to the SNAP violation notice, and it will contain records of transactions which occurred at your retail store that the USDA claims violates one or more genres 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 government will suspend your stores privilege to take EBT.
About The Program
The SNAP program provides families with money each month. These benefits are given via an EBT card. The funds on this card aren’t for general use, and they cannot be used for cash back services. The cards took over for food stamps in the 1990’s and the card is issued by each state individually where the recipient lives. This program is run on a national level by the government.
This government and the benefits that come with it 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 legal violations happen when a store violates any of the following rules.
The grocery store is accused oftrafficking SNAP benefits. Examples of this is fraudulently accepting the benefits, or stealing the benefits.
The grocery store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false information on your grocery stores application to accept EBT benefits.
Your store took money for more EBT food stamps than sale of actual food during the same period.
The employees of the store accepted SNAP benefits from someone who shouldn’t be allowed to use the benefits.
How to defend your store against a SNAP violation
Spodek Law Group has experience managing SNAP appeals letters. Our team of attorneys can handle your SNAP violation process in all phases of a SNAP action.
Sending the violation letter is the initial step taken by the USDA to take away your EBT license. The letter can come with, or without, prior warnings and can happen at any time. The violation letter contain details about alleged violations, but most letters will lay out violations, have evidence attached proving the violations. You have only 10 days to respond. Once you hire Spodek Law Group, we 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 SNAP violation letter, the USDA may still feel that a violation has occurred. If that happens, they’ll will 100% issue a second letter that specifically states their legal verdict to suspend or disqualify the retail store based on the allegations set forth. Like before, you have ten days to protest the verdict. If you don’t, then you’ll be stuck with the USDA decision. After you hire our firm, we file the legal papers and notify the government we are going to appeal their decision. Our lawyers collect necessary evidence, and our team will generate the necessary appeals briefs containing all of the legal laws, legal evidence, etc. which is needed to change the outcome of the violations.
In the event the USDA refuses to overturn the legal decision, in the Administrative Review, we’ll file a Judicial review at the local Federal Court. This next phase 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 food store retailer, there are many laws which you have to adhere to for EBT. In most cases, many grocery store owners don’t run into problems. However, USDA’s SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, people getting SNAP benefits cant buy electronic goods. As a retailer, if you violate the laws, you’ll get a SNAP violation letter. Penalties of violating SNAP can result in severe fines. If you conduct a major violation, then you might end up with either a permanent or temporary disqualification. In many situations, owners of grocery stores didn’t even know SNAP violations are even happening. Often, unethical employees are misusing the SNAP program. It’s helpful to discuss your case with a SNAP violation appeals lawyer to ensure sure you don’t have your benefits revoked.
When a charge letter is presented to your retail store, you only have ten days to respond to the claims. Failure to respond to the violations will permanently harm your store. If you don’t respond the USDA will deliver 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 a fighting change. Our lawyers can challenge the findings of the USDA and appeal any decision. The penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully does large fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. It must be in writing at the store and in effect at the time the allegations were filed.
The store owner 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 typically also looks to check if the 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.
It’s highly recommended any store that receives a 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