If you accept EBT at your grocery store, then it’s possible have received a letter from the USDA. This notice is probably a SNAP violation letter, which is stating you are in violation of the SNAP program. The USDA will attach a number of pages to the SNAP violation letter, which will contain records of transactions that occurred at your grocery store which the government claims violates one or more categories of violations.
After you get a SNAP violation notice, 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 suspend your stores privilege to accept EBT.
About The Program
The SNAP program provides families with a certain amount of money each month. The SNAP program 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 fraudulent cash back transactions. The EBT cards took over for food stamps in the 1990’s and the card is issued by each state individually where the consumer lives. This program is operated on a nationwide level by the federal government.
The government 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 counts as a SNAP violation
Snap violations occur when a store violates any of the rules below.
The retail store was involved intrafficking SNAP benefits. This can mean fraudulently accepting benefits, or stealing the benefits.
The retail store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false info on the retail stores application to accept EBT benefits.
The store redeemed more coupons than actual food sales over the same period.
Your employees took SNAP benefits from someone who isn’t eligible to use the benefits.
Defending against a SNAP Violation Letter
Spodek Law Group has immense experience managing SNAP violations letters. We can handle your SNAP Violation appeal in all 3 phases of a SNAP Violation action.
Sending the letter is the first step which is taken by the USDA USDA to remove your EBT license. The letter can come with, or without, prior warnings can come at any time. The charging letter has a variety of allegations, but most of them will lay out violations, and have attached documents detailing the violations. You have only 10 days to respond. After you hire our law firm, 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 believe that a violation has occurred. If that happens, the USDA will 100% issue a second letter that 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 don’t, then you’ll be unable to protest the USDA decision. After you hire our firm, we file the legal papers to notify the government we are going to appeal their decision. We’ll gather necessary evidence, and we will draft draft the necessary appeals briefs which contains all of the legal laws, legal evidence, etc. which is necessary to fix the outcome.
In the event the USDA refuses to override the binding decision, in the Administrative Review, we’ll 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 have to obey in order to accept EBT. In most normal situations, many retail store owners have no problems adhering to them. However, the SNAP program 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 should expect getting a SNAP violation letter. Penalties of violating SNAP can result in severe and business crushing penalties. If it’s believed you did a major SNAP violation, then you may end up with either a permanent or temporary disqualification. In many situations, store owners don’t even know SNAP violations are even occurring. In many situations, dishonest employees are misusing the SNAP program. If you’re accused of a SNAP violation to speak with a SNAP violation appeals lawyer in order to ensure sure you don’t have your benefits revoked.
When a charge letter is presented to your store, you have only 10 days to respond to the allegations. Your failure to respond to the violations will permanently harm your store. If you don’t respond the USDA will make a verdict even though you don’t respond to the allegations. In the absence of a SNAP violation attorney, you cannot defend your store. Retaining a SNAP violation lawyer gives you a fighting change. Our lawyers can fight the decision of the USDA and fight any decision. The fines imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose chooses to impose large fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. It has to be in writing and in effect at the time the violations were filed.
The retailer must be able to prove the compliance policy was in place before the charge, and was not drafted after the violation letter. The USDA typically also looks in order to see if the grocery store owners benefited in any way from the fraud, 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 owner that gets 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