If you’re a retailer who accepts EBT at your grocery store, then you might have been the recipient of a a official notice from the USDA. This letter is probably a SNAP violation notice, which is claiming you have violated the SNAP program. The government will include proof to the SNAP violation letter, and it will contain records of transactions that occurred at your retail store which the government claims is in violation of one or more genres of violations.
The first thing after you get a SNAP violation notice, you must contact our legal team. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the government will terminate/suspend your grocery store’s ability to take EBT.
About The Program
This program helps families with a certain amount of money each month. The SNAP program benefits are distributed to consumers via an EBT card. The funds on the 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 in the state where the recipient lives. This program is run on a national level by the federal government.
The SNAP federal and it’s parameters are governed by the United States 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 when a retail store is in violation of the following rules.
The retail store took part intrafficking SNAP benefits. This can mean fraudulently accepting the benefits, or stealing the benefits.
The retail store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false information on your retail stores application to accept EBT benefits.
The grocery store took money for more EBT food stamps than sale of actual food at the same time.
The employees of the store accepted SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
How to defend your store against a SNAP violation
Our law firm has immense experience handling SNAP violations letters. Our team of attorneys can handle your SNAP Violation appeal in all phases of a SNAP violation action.
The charging letter is the initial step which is going to be taken by USDA to take away your EBT license. This letter may come with no warning and can appear at any time. The charging letter will have allegations in it, but most of them will lay out violations, and have attached documents detailing the violations. You have only 10 days to respond. After you hire Spodek Law Group, our lawyers 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 notice of violation, the USDA might still believe that a violation has occurred. If this happens, they’ll will 100% issue another letter which outlines the agencies legal verdict to suspend or disqualify the retail store based on the alleged violations. Like before, you have 10 days to appeal the verdict. If you choose not to, you’ll be unable to protest the USDA decision. Once you hire our law firm, we’ll file the appeal and notify the USDA appeal the decision. Our lawyers collect necessary evidence, and our team will generate an appellate brief containing all of the case law, legal evidence, etc. which is needed to change the outcome of the violations.
In the event the USDA refuses to override the legal decision, in the Administrative Review, we’ll 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 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, 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, SNAP recipients cant buy electronic goods. If you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can result in severe and business crushing penalties. If it’s believed you did a major 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 were even occurring. In many situations, it’s dishonest employees are misusing the SNAP EBT program. It’s helpful to speak with a SNAP violation attorney in order to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is delivered to your retail store, you have only ten days to respond to the violations. Failure to respond to the allegations will permanently harm your store. In addition, 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 won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers can fight the decision of the USDA and appeal any penalties. The fines 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 will look to see if you have a store compliance policy in place. It must be in writing at the store and in effect when the allegations were filed.
The retailer also be able to prove the above mentioned policy was in place before the charge, and wasn’t drafted after the violation was made. The USDA will also look to see if the grocery store owners benefited from the violations, or were aware of the violation. If the managers were involved, it can lead to disqualification.
It’s highly recommended any grocery store owner that receives 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