If you accept EBT at your retail store, then may have been the recipient of a a letter of warning from the USDA. This notification is most likely a SNAP violation letter, which is stating you have violated the SNAP program. The government will include proof to the SNAP violation notice, which will contain transactions which happened at your store that the USDA is saying violates one or more genres of violations.
After you get a SNAP violation notice, you should contact our law firm. Remember, you have only ten days to respond to the letter. If you don’t respond, the USDA will suspend your stores privilege to accept EBT payments.
About The SNAP Program
The SNAP program provides families with funds to buy food each month. These benefits are distributed to consumers via an EBT card. The SNAP benefits on this card aren’t for general use, 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. The SNAP program is run on a nationwide level by the government.
The federal and it’s parameters 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 does it mean to have a SNAP violation
SNAP legal violations happen if and when a store violates any of the following rules.
The retail store is accused oftrafficking SNAP benefits. This can mean fraudulently accepting the benefits, or theft of the benefits.
Your retail store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect information on the retail stores application to accept EBT benefits.
Your grocery store redeemed more EBT food stamps than food sales over the same period.
The employees of the store 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 handling SNAP violations letters. Our team of attorneys can handle your SNAP violation process in all phases of a SNAP violation action.
The charging letter is the initial step which is taken by the USDA USDA to take away your right to take EBT benefits. The letter can come with, or without, prior warnings and can happen at any time. The violation letter will contain allegations, but most of them will detail violations, with an attachment of details. Your response to the SNAP violation letter is due within 10 days. Once you hire our law firm, we 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 SNAP violation letter, the USDA may still decide that your store has violated the rules. If this happens, the USDA will definitely send a second letter which specifically states the governments legal verdict to suspend or disqualify the retail store based on the accusations previously mentioned. You have 10 days to appeal this. If you choose not to, then you’ll be stuck with the USDA decision. Once you hire our law firm, we’ll file the legal papers and notify the government we are going to appeal their decision. We’ll collect necessary evidence, and our team will generate an appellate brief which contains all of the legal laws, legal evidence, etc. which is necessary to overturn the decision.
If the USDA refuses to override the violation claim, in the Administrative Review, our lawyers will file a Judicial review at the local Federal Court. The Judicial Appeal is like a normal case, where you’ll be able to do discovery, file motions, and have a trial. Our law firm 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 cases, many retail store owners don’t run into problems. However, USDA’s SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant get electronic goods. As a retailer, if 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 violation, then you may end up with either a permanent or temporary disqualification. In most cases, owners of grocery stores didn’t even know the violations were even happening. In many situations, unethical employees are misusing the SNAP program. If you’re accused of a SNAP violation to consult with a SNAP violation lawyer in order to make sure you don’t have your benefits revoked.
When a charge letter is delivered to your store, you have only 10 days to respond to the violations. Your failure to respond will permanently harm your store. If you don’t respond the USDA will make a verdict even though 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 SNAP appeals lawyers can fight the findings of the USDA and appeal any decision. The penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose chooses to impose large fines to in order to curb future violations. The USDA will look to see if you have a store compliance policy in place. The policy has to be in writing at the store and in effect at the time the allegations were filed.
The grocery store also 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 in order to see if the grocery store owners benefited from the violations, 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. 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