If you accept EBT at your grocery store, then may have received a notice from the USDA. This notification is probably a SNAP violation letter, which is alleging you have violated the SNAP program. The government will include proof to the SNAP violation notice, which will have transactions that happened at your retail store that the government is saying is in violation of one or more groups of violations.
The first thing after you get a SNAP violation notice, you should speak to our our legal team. Remember, you have only ten days to respond to the letter. If you choose to ignore, the USDA will suspend your grocery store’s ability to accept EBT payments.
About The SNAP Program
This program helps families with get food each month. The SNAP program benefits are distributed to consumers via an EBT card. The funds on the EBT card are not for general usage, and they can’t be used for cash back transactions. The EBT cards took the place of food stamps in the 1990’s and the card is issued in the state where the consumer lives. The program is run on a national level by the federal government.
The program and it’s benefits are under handled 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 store violates any of the following rules.
The grocery store was involved intrafficking SNAP benefits. Examples of this is fraudulently accepting taking the 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 the store’s application to accept EBT benefits.
Your store redeemed more EBT food stamps than food sales at the same time.
The employees of the store accepted SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
Defending against a SNAP Violation Letter
Spodek Law Group has experience handling SNAP appeals letters. Our law firm can handle your SNAP Violation appeal in all 3 phases of a SNAP Violation action.
Sending the violation letter is the initial step which is taken by the USDA USDA to take away your right to take EBT benefits. This comes with no warning and can appear at any time. The violation letter will contain allegations, but most letters will detail violations, with an attachment of details. You have only 10 days to respond. Once 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.
After reviewing the store’s answer to the violation letter, the USDA may still believe that a violation has occurred. If this happens, they’ll will 100% issue a second letter that outlines the agencies legal verdict to suspend or disqualify the grocery store based on the accusations previously mentioned. Like before, you have 10 days to appeal this decision. If you choose not to, then you’ll be stuck with the USDA decision. Once you hire our law firm, we file the legal papers and notify them appeal the decision. We’ll collect necessary evidence, and our team will generate an appellate brief which contains all of the case law, evidence, etc. which is needed to change the outcome of the violations.
If the USDA refuses to overturn the legal decision, in the Administrative Review, we’ll 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. We can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there are many laws which you have to adhere to for 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 purchase electronic goods. As a retailer, if you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can result in severe and business crushing penalties. If it’s believed you did a major SNAP violation, then you may end up with a temporary or permanent disqualification. In many situations, owners of grocery stores don’t even know the violations are even happening. Often, dishonest employees who are misusing the SNAP program. If you’re accused of a SNAP violation to consult with a SNAP violation appeals lawyer to make sure you don’t have your benefits revoked.
When a SNAP violation letter is presented to your grocery store, you have only 10 days to respond to the violations. Failure to respond to the violations will permanently harm your store. If you don’t respond the USDA will deliver a verdict even if you choose not to 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 will fight the decision of the USDA and appeal any penalties. The financial penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose does large fines to in order to curb future violations. The USDA will typically look to see if you have a compliance policy in place. The policy must be in writing and in effect when the allegations were filed.
The retailer also 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 in order to check if the retail 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.
We highly recommend any owner that gets a 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