If you accept EBT at your retail store, then you might have gotten a letter of warning from the USDA. The notification is probably a SNAP violation letter, which is stating you violated the SNAP program. The USDA will attach a number of pages to the SNAP violation notice, which will have records of transactions that happened at your retail store which the USDA claims violates one or more categories of violations.
After you get a SNAP violation letter, you should speak to our our law firm. Remember, you have only ten days to respond to the letter. If you choose to ignore, the government will terminate/suspend your stores privilege to accept EBT.
About The SNAP Program
The SNAP program helps families with get food each month. These benefits are distributed via an EBT card. The benefits on the EBT card cannot be used for general usage, and they cannot be used for fraudulent cash back transactions. The cards took the place of 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 government.
The SNAP program and the benefits that come with it 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 occur if and when a retail store is in violation of the rules below.
The store was involved intrafficking SNAP benefits. Examples of this is fraudulently accepting the benefits, or theft of the benefits.
Your grocery store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect information on your retail stores application to accept EBT benefits.
Your store took money for more coupons than sale of actual food during the same period.
The employees of the store took SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
Defending against a SNAP Violation Letter
Spodek Law Group has immense experience handling SNAP appeals letters. Our team of attorneys can handle your SNAP Violation appeal in all phases of a SNAP action.
Sending the letter is the first step which is taken by the USDA USDA to remove your right to take EBT benefits. This letter may come with, or without, prior warnings can come at any time. The violation letter will contain allegations, but most of them will mention serious allegations, have evidence attached proving the violations. You have only 10 days to respond. Once 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.
Once the USDA reviews your answer to the violation letter, the USDA might still feel that a violation has occurred. If this happens, the USDA will issue another letter which outlines their legal verdict to suspend or disqualify the grocery store based on the alleged violations. Like before, you have 10 days to protest this decision. If you choose not to, you’ll be stuck with the USDA decision. Once you hire our law firm, our team the legal papers to notify the government appeal the decision. Our lawyers collect necessary evidence, and our team will generate the necessary appeals briefs which contains all of the legal laws, evidence, etc. which is needed to overturn the decision.
If the USDA refuses to overturn the decision, in the Administrative Review, we will file a Judicial review at the local Federal Court. This process is like a normal federal court case, where you’ll be able to do discovery, file motions, and have a trial. We can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there’s a lot of rules and regulations have to obey in order to accept EBT. In most cases, many retail store owners don’t run into problems. However, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, people getting SNAP benefits cant get electronic goods. If you violate the laws, you’ll get a SNAP violation letter. Snap violation penalties can result in severe and business crushing penalties. If you conduct 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 the violations are even occurring. In many situations, unethical employees are misusing the SNAP program. It’s helpful to consult with a SNAP violation appeals lawyer in order to make sure you don’t have your benefits revoked.
When a charge letter is delivered to your retail store, you have only ten days to respond to the claims by the USDA. Failure to respond to the allegations will permanently harm your store. In addition, the USDA will generate a verdict even if 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 SNAP appeals lawyers will challenge the decision of the USDA and fight any decision. The financial penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose does large fines to curb violations. The USDA look to see if you have a store compliance policy. It has to be in writing at the store and in effect when the violations were filed.
The grocery store must be able to prove the compliance policy was in existence before the allegations, and was not drafted after the violation letter. The USDA will also look to see if the grocery store owners benefited in any way from the fraud, or if the owners were aware of the fraud. If the management was involved it can lead to disqualification.
It’s highly recommended any store that gets 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