If you’re a retailer who accepts EBT at your retail store, then it’s possible have been the recipient of a a letter of warning from the USDA. The notification is probably a SNAP violation letter, which is stating you have violated the SNAP program. The USDA will attach a number of pages to the SNAP violation notice, which will contain transactions that occurred at your store that the USDA is saying violates one or more categories of violations.
After you get a SNAP violation letter, 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 terminate/suspend your stores privilege to take EBT.
About The SNAP Program
This program helps families with a certain amount of money each month. The SNAP program benefits are distributed to consumers through an EBT card. The SNAP benefits on the EBT card cannot legally 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 are issued by each state individually where the consumer lives. This program is operated on a nationwide level by the government.
The SNAP government 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’s a SNAP Violation
SNAP legal violations occur when a store is in violation of the following rules.
The store took part intrafficking SNAP benefits. This can mean fraudulently accepting taking the benefits, or stealing the benefits.
The retail store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false information on the retail stores application to accept EBT benefits.
Your grocery store redeemed more EBT food stamps than actual food sales at the same time.
Your employees accepted SNAP benefits from someone who isn’t eligible to use the benefits.
How we can help defend you against a SNAP violation notice
Our law firm has experience handling SNAP violations letters. Our law firm can handle your SNAP violation process in all 3 phases of a SNAP action.
Sending the letter is the initial step which is taken by the USDA USDA to take away your right to take EBT benefits. This comes with, or without, prior warnings and can happen at any time. The SNAP violation letter contain details about alleged violations, but most letters will outline violations, have evidence attached proving the violations. You have only 10 days to respond. After you hire Spodek Law Group, we handle 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 SNAP violation letter, the USDA may still decide that a violation has occurred. If that happens, they’ll will issue a second letter that outlines the governments legal verdict to suspend or disqualify the grocery store based on the alleged violations. Like before, you have 10 days to appeal this decision. If you choose not to, you’ll be stuck with the USDA decision. After you hire our law firm, our team the necessary paperwork and notify the government 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 critical to change the outcome of the violations.
If the USDA refuses to overturn the binding decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal District 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 law firm can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there are many laws have to obey in order to accept 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 limits on how the funds can be used. For example, people getting SNAP benefits cant get electronic goods. If, and when, you violate the laws, you should expect getting a SNAP violation letter. Penalties of violating SNAP can result in severe fines. If it’s believed you did a serious violation, then you might end up with either a permanent or temporary disqualification. In many situations, store owners don’t know SNAP violations were even occurring. Often, unethical employees are misusing the SNAP EBT program. If you’re accused of a SNAP violation to discuss your case 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 grocery store, you only have ten days to respond to the violations. Failure to respond will permanently harm your store. In addition, the USDA will make a verdict even if you choose not to respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers can challenge 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 on purpose does huge fines to curb violations. The USDA look to see if you have a store compliance policy. The policy has to be in writing at the store and the policy must be at the time the allegations were filed.
The grocery store also 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 will also look to see if the owners benefited from the violations, or were aware of the violation. Any involvement of the management can lead to disqualification.
We highly recommend any grocery store owner that receives 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