If you’re a retailer who accepts EBT at your grocery store, then may have been the recipient of a a official warning from the USDA. This letter is probably a SNAP violation letter, which is claiming you are in violation of the SNAP program. The USDA will include proof to the SNAP violation notice, and it will contain transactions that occurred at your store which the USDA claims is in violation of one or more categories of violations.
After you get a SNAP violation notice, you should contact our legal team. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the USDA will suspend your grocery store’s ability to accept EBT payments.
About The SNAP Program
The SNAP program helps families with get food each month. The SNAP program benefits are given with an EBT card. The benefits on this card aren’t for general usage, and they can’t be used for cash back services. The cards took the place of food stamps in the 1990’s and are issued by each state individually where the recipient lives. The SNAP program is run on a national level by the government.
The SNAP program 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 violations happen when a grocery store is in violation of the rules below.
The store took part intrafficking SNAP benefits. This can mean fraudulently accepting the benefits, or theft of the benefits.
Your retail store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false information on your store’s application to accept EBT benefits.
The store took money for more EBT food stamps than food sales at the same time.
The employees of the store have taken SNAP benefits from someone who shouldn’t be 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 law firm can handle your SNAP violation process in all 3 phases of a SNAP action.
The charging letter is the initial step which is going to be taken by USDA to remove your right to take EBT benefits. The letter can come with, or without, prior warnings can come at any time. The violation letter has a variety of allegations, but most letters will lay out violations, with an attachment of details. You have only 10 days to respond. After you hire Spodek Law Group, we 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 violation letter, the USDA might still believe that your store has violated the rules. If that happens, they’ll will issue a second letter that specifically states their decision to suspend or disqualify the retail store based on the allegations set forth. Like before, you have 10 days to appeal this decision. If you choose not to, then you’ll be stuck with the USDA decision. After you hire our lawyers, our team the legal papers to notify the USDA appeal the decision. Our lawyers gather necessary evidence, and our team will draft an appellate brief containing all of the legal laws, legal evidence, etc. which is necessary to change the outcome of the violations.
In the event the USDA refuses to change the decision, in the Administrative Review, we will file a Judicial review at the local Federal Court. This process is like a normal 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 grocery store retailer, there’s a lot of rules and regulations you have to adhere to for EBT. In most normal situations, many grocery store owners have no issues adhering to them. However, USDA’s 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 get electronic goods. If, and when, you violate the laws, you’ll probably get 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 a temporary or permanent disqualification. In many situations, owners of grocery stores didn’t even know the violations were even happening. Often, dishonest employees are misusing the SNAP EBT program. It’s helpful to discuss your case with a SNAP violation lawyer in order to ensure sure you don’t have your benefits revoked.
When a charge letter is presented to your grocery store, you have only ten days to respond to the claims. Your failure to respond to the violations will permanently harm your store. In addition, the USDA will make a verdict even though you don’t respond to the allegations. In the absence of a SNAP violation attorney, you cannot defend your store. Hiring a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers can discredit the decision of the USDA and fight 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 in order to curb future violations. The USDA will typically look to see if you have a compliance policy in place. The policy must be in writing and in effect at the time the allegations were filed.
The grocery store must be able to prove the above mentioned policy was in place before the charge, 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 business owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
We highly recommend any store 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