If you’re a retailer who accepts EBT at your retail store, then may have been the recipient of a a letter of warning from the USDA. The notice is most likely a SNAP violation letter, which is stating you violated the SNAP program. The government will attach a number of pages to the SNAP violation letter, which will contain transactions that occurred at your store which the government is saying violates one or more genres of violations.
After you get a SNAP violation notice, you must speak to our our legal team. Remember, you have only ten days to respond to the letter. If you don’t respond, the USDA will terminate/suspend your stores ability to accept EBT.
About The Program
This program helps families with a certain amount of money each month. The SNAP program benefits are distributed through an EBT card. The SNAP benefits on the card cannot be used for general usage, and they cannot be used for cash back services. The EBT cards took over for food stamps in the 1990’s and are issued by each state individually where the recipient lives. This program is operated on a nationwide level by the government.
This government and it’s parameters are governed by the US 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 if and when a grocery store is in violation of the following rules.
The retail store took part inthe trafficking of SNAP benefits. This can mean fraudulently accepting benefits, or theft of the benefits.
Your grocery store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect info on your store’s application to accept EBT benefits.
The store took money for more coupons than food sales during the same period.
Your employees accepted 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 appeals letters. We can handle your SNAP violation process in all phases of a SNAP action.
Sending the violation letter is the first step taken by the USDA to remove your EBT license. The letter can come with, or without, prior warnings and can happen at any time. The violation letter has a variety of allegations, but most letters will outline serious allegations, with an attachment of details. Your response to the SNAP violation letter is due within 10 days. Once you hire our law firm, our lawyers 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 violation letter, the USDA might still feel that your store has violated the rules. If that happens, they’ll will issue another letter which specifically states their decision to suspend or disqualify the store based on the allegations set forth. You have 10 days to appeal this. If you don’t, then you’ll be stuck with the USDA decision. After you hire our firm, we’ll file the legal papers to notify them we are going to appeal their decision. We’ll gather necessary evidence, and our team will draft an appellate brief which contains all of the case law, evidence, etc. which is necessary to overturn the decision.
In the event the USDA refuses to change 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 court case, where you’ll be able to do discovery, file motions, and have a trial. Our attorneys can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there are many laws have to obey in order to accept EBT. In most normal situations, many grocery store owners don’t run into problems. However, the SNAP program 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 get electronic goods. If, and when, you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can include fines and penalties. If it’s believed you did a major SNAP violation, then you might end up with either a permanent or temporary disqualification. In most cases, owners of grocery stores didn’t even know SNAP violations were even happening. 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 to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your store, you only have 10 days to respond to the violations. Your failure to respond to the allegations will permanently harm your store. In addition, the USDA will generate a verdict even though you don’t respond to the allegations. In the absence of a SNAP violation attorney, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers will 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 purposefully chooses to impose huge fines to in order to curb future 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 the policy must be when the allegations were filed.
The store owner must 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 see if the retail store owners benefited from the violations, or if the business owners were aware of the fraud. Any involvement of the management can lead to disqualification.
We highly recommend any grocery store owner that receives a allegation letter speak to 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