If you’re a retailer who accepts EBT at your retail store, then may have gotten a letter from the USDA. The notification is most likely a SNAP violation letter, which is claiming you are in violation of the SNAP program. The government will include proof to the SNAP violation notice, which will contain records of transactions that occurred at your grocery store which the government claims is in violation of one or more genres of violations.
After you get a SNAP violation letter, you should definitely contact our legal team. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the government will suspend your grocery store’s ability to accept EBT payments.
About The SNAP Program
This program helps families with funds to buy food each month. The SNAP program benefits are distributed to consumers with an EBT card. The funds on this card are not 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 the card is issued in the state which the SNAP participant lives. This program is run on a nationwide level by the government.
This government and the benefits that come with it are governed by the US 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 violations occur if and when a retail store is in violation of the rules below.
The retail store took part intrafficking SNAP benefits. This can mean fraudulently accepting the benefits, or stealing the benefits.
The grocery store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect information on your retail stores application to accept EBT benefits.
The grocery store took money for more EBT food stamps than actual food sales over the same period.
Your employees accepted SNAP benefits from someone who shouldn’t be allowed to use the benefits.
Defending against a SNAP Violation Letter
Spodek Law Group has experience handling SNAP violations letters. Our law firm can handle your SNAP violation process in all 3 phases of a SNAP violation action.
The charging letter is the first step taken by the USDA to take away your EBT license. This letter may come with, or without, prior warnings can come at any time. The charging letter contain details about alleged violations, but most letters will detail serious allegations, with an attachment of details. 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 might still feel that your store has violated the rules. If that happens, the USDA will 100% issue another letter which specifically states the governments legal verdict to suspend or disqualify the retail store based on the allegations set forth. Like before, you have 10 days to appeal the decision. If you choose not to, you’ll be stuck with the USDA decision. Once you hire our lawyers, our team the legal papers to notify the USDA we are going to appeal their 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 fix the outcome.
In the event the USDA refuses to overturn the decision, in the Administrative Review, we’ll file a Judicial review at the local Federal District Court. This process is like a normal case, where you’ll have to do standard processes like discovery, file motions, and have a trial. Our lawyers can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there are many laws you have to adhere to for EBT. In most normal situations, many retail store owners have no problems adhering to them. However, USDA’s SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. 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 you conduct a serious violation, then you may end up with either a permanent or temporary disqualification. In most cases, store owners don’t know SNAP violations are even happening. Often, dishonest employees who 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 presented to your store, you have only 10 days to respond to the claims by the USDA. Failure to respond to the violations will permanently crush your store. If you don’t respond the USDA will deliver 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. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers will 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 purposefully chooses to impose large fines to in order to curb future violations. The USDA look to see if you have a store compliance policy. The policy must be in writing at the store 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 check if the retail store owners benefited in any way from the fraud, 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 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