If you’re a retailer who accepts EBT at your retail store, then may have gotten a official notice from the USDA. This notice is probably a SNAP violation letter, which is stating you are in violation of the SNAP program. The government will include proof to the SNAP violation notice, which will have transactions which happened at your store which the government is saying is in violation of one or more categories of violations.
After you get a SNAP violation notice, you must speak to our our law firm. Remember, you have only ten days to respond to the letter. If you don’t respond, the government will suspend your stores ability to accept EBT.
About The SNAP Program
This program helps families with funds to buy food each month. The SNAP program benefits are distributed via an EBT card. The funds on the EBT card cannot be used for general usage, and they cannot be used for fraudulent cash back transactions. The cards took over for food stamps in the 1990’s and the card is issued by each state individually which the SNAP participant lives. This program is run on a nationwide level by the federal government.
This program 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 does it mean to have a SNAP violation
Snap violations happen when a retail store violates any of the rules below.
The store is accused oftrafficking SNAP benefits. Examples of this is fraudulently accepting the benefits, or stealing the benefits.
Your retail store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect info on the retail stores application to accept EBT benefits.
The grocery store took money for more coupons than actual 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 immense experience managing SNAP violation letters. We can handle your SNAP Violation appeal in all phases of a SNAP violation action.
Sending the letter is the initial step which is taken by the USDA USDA to take away your EBT license. This comes with no warning and can happen at any time. The charging letter has a variety of allegations, but most letters will mention violations, with an attachment of details. Your response to the SNAP violation letter is due within 10 days. After 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 SNAP violation letter, the USDA might still believe that a violation has occurred. If this happens, they’ll will 100% issue a second letter which outlines the governments 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 unable to protest the USDA decision. After you hire our law firm, our team the necessary paperwork to notify them appeal the decision. Our lawyers collect necessary evidence, and our team will draft the necessary appeals briefs containing all of the case law, legal evidence, etc. which is needed to change the outcome of the violations.
If the USDA refuses to override the legal decision, in the Administrative Review, we will file a Judicial review at the local Federal Court. The Judicial Appeal is like a normal federal 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 food store retailer, there’s a lot of rules and regulations have to obey in order to accept EBT. In most cases, many grocery store owners don’t run into problems. However, SNAP 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 purchase electronic goods. If, and when, you violate the laws, you’ll get a SNAP violation letter. Snap violation penalties can result in severe fines. If you conduct a major SNAP violation, then you may end up with a temporary or permanent disqualification. In most cases, owners of grocery stores don’t even know the 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 speak with a SNAP violation attorney in order to make sure you don’t have your benefits revoked.
When a charge letter is presented to your store, you only have 10 days to respond to the violations. Failure to respond to the allegations will permanently crush your store. In addition, the USDA will make a verdict even if you don’t respond to the allegations. Without legal experience, you cannot defend your store. Retaining a SNAP violation lawyer gives you a fighting change. Our lawyers will fight the findings of the USDA and appeal any decision. The fines imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully 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 has to be in writing at the store and in effect when the allegations were filed.
The grocery store must be able to prove the above mentioned policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA typically also looks in order to check if the retail store owners benefited from the violations, or were aware of the violation. If the management was involved it can lead to disqualification.
It’s highly recommended any grocery store owner that gets a violation 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