If you accept EBT at your grocery store, then may have been the recipient of a a letter from the USDA. This notification is probably a SNAP violation notice, which is stating you have violated the SNAP program. The government will attach a number of pages to the SNAP violation letter, and it will have records of transactions that occurred at your retail store which the USDA is saying is in violation of one or more categories of violations.
The first thing 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 choose to ignore, the USDA will terminate/suspend your grocery store’s ability to take EBT.
About The Program
This program helps families with funds to buy food each month. These benefits are distributed to consumers with an EBT card. The funds on this card cannot be used for general usage, and they can’t be used for fraudulent cash back services. The EBT cards took the place of food stamps in the 1990’s and are issued in the state where the consumer lives. The program is operated on a nationwide level by the government.
This federal and the benefits that come with it 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 does it mean to have a SNAP violation
Snap violations happen if and when a retail store violates any of the rules below.
The retail store took part intrafficking SNAP benefits. This can mean fraudulently accepting the benefits, or theft of the benefits.
The grocery store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false information on the store’s application to accept EBT benefits.
The store took money for more EBT food stamps than sale of actual food at the same time.
Your employees have taken SNAP benefits from someone who shouldn’t be allowed to use the benefits.
Defending against a SNAP Violation Letter
Our law firm has immense experience managing SNAP appeals letters. We can handle your SNAP Violation appeal in all 3 phases of a SNAP violation action.
Sending the letter is the initial step taken by the USDA to take away your EBT license. This comes with, or without, prior warnings and can appear at any time. The charging letter will contain allegations, but most of them will outline violations, have evidence attached proving 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.
After reviewing the store’s answer to the violation letter, the USDA might still feel that a violation has occurred. If that happens, they’ll will issue another letter that specifically states the agencies decision to suspend or disqualify the retail store based on the allegations set forth. Like before, you have ten days to protest the verdict. If you don’t, then you’ll be stuck with the USDA decision. Once you hire our law firm, we’ll file the appeal and notify the government we are going to appeal their decision. Our lawyers gather necessary evidence, and we will draft generate an appellate brief which contains all of the legal laws, evidence, etc. which is needed to change the outcome of the violations.
If the USDA refuses to overturn the binding decision, in the Administrative Review, we will file a Judicial review at the local Federal District Court. This next phase is like a normal federal court case, where you’ll have to do standard processes like discovery, file motions, and have a trial. Our attorneys can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there are many laws you have to adhere to for EBT. In most normal situations, many grocery store owners have no problems adhering to them. 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 buy electronic goods. If, and when, 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 SNAP violation, then you may end up with either a permanent or temporary disqualification. In many situations, store owners don’t even know the violations were even occurring. In many situations, unethical employees are misusing the SNAP EBT program. It’s helpful to speak with a SNAP violation lawyer to ensure sure you don’t have your benefits revoked.
When a charge letter is sent to your store, you have only ten days to respond to the violations. Your failure to respond will permanently harm your store. If you don’t respond the USDA will deliver a verdict even though you don’t respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you a fighting change. Our lawyers will challenge the findings of the USDA and fight any penalties. The penalties imposed can expensive – 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. It must be in writing and in effect when the allegations were filed.
The grocery store also has to 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 typically also looks in order 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 store that gets a violation letter consult 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