If you’re a retailer who accepts EBT at your grocery store, then it’s possible have been the recipient of a a letter from the USDA. The letter is probably a SNAP violation notice, which is claiming you violated the SNAP program. The government will attach a number of pages to the SNAP violation letter, and it will have records of transactions that happened at your grocery store that the USDA is saying is in violation of one or more groups of violations.
After you get a SNAP violation letter, you should definitely contact our legal team. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the USDA will terminate/suspend your stores ability to accept EBT payments.
About The Program
This program provides families with get food each month. These benefits are distributed to consumers through an EBT card. The benefits on the card cannot legally be used for general usage, and they can’t be used for fraudulent cash back transactions. The EBT 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 SNAP program is run on a national level by the government.
The 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’s a SNAP Violation
SNAP legal violations happen when a retail store is in violation of the rules below.
The store is accused ofthe trafficking of SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or stealing the benefits.
The grocery store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false information on the store’s application to accept EBT benefits.
Your store redeemed more EBT food stamps than actual food sales at the same time.
Your employees took SNAP benefits from someone who shouldn’t be allowed to use the benefits.
How to defend your store against a SNAP violation
Our law firm has immense experience handling SNAP violations letters. We can handle your SNAP Violation appeal in all 3 phases of a SNAP Violation action.
The charging letter is the initial step which is taken by the USDA USDA to remove your EBT license. This comes with no warning and can happen at any time. The SNAP violation letter will have allegations in it, but most letters will detail serious allegations, and have attached documents detailing the violations. Your response to the SNAP violation letter is due within 10 days. 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.
Once the USDA reviews your answer to the notice of violation, the USDA might still decide that your store has violated the rules. If this happens, the USDA will 100% issue another letter which outlines the agencies legal verdict to suspend or disqualify the retail store based on the alleged violations. You have 10 days to appeal this. If you don’t, then you’ll be unable to protest the USDA decision. Once you hire our firm, our team the legal papers to notify them we are going to appeal their decision. Our lawyers gather necessary evidence, and we will draft generate an appellate brief containing all of the case law, legal evidence, etc. which is critical to fix the outcome.
If the USDA refuses to override the binding decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal District Court. This process is like a normal federal court case, where you’ll be able to do discovery, file motions, and have a trial. Our lawyers can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there are many laws you have to adhere to for EBT. In most normal situations, many retail store owners have no problems 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 buy electronic goods. If you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can include fines and penalties. If you conduct a serious violation, then you may end up with either a permanent or temporary disqualification. In most cases, store owners don’t know SNAP violations are even occurring. In many situations, it’s dishonest employees are misusing the SNAP program. If you’re accused of a SNAP violation to speak with a SNAP violation attorney in order to make sure you don’t have your benefits revoked.
When a charge letter is sent to your retail store, you only have 10 days to respond to the claims. Failure to respond will permanently crush your store. In addition, the USDA will make a verdict even if you choose not to respond to the allegations. Without legal experience, you cannot defend your store. Hiring a SNAP violation lawyer gives you a fighting change. Our lawyers will challenge the findings of the USDA and fight any penalties. The fines imposed can be huge – 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. The policy has to be in writing and the policy must be at the time the violations were filed.
The grocery store 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 to check if the owners benefited in any way from the fraud, 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 letter consult 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