If you’re a retailer who accepts EBT at your retail store, then you might have received a letter of warning from the USDA. The notice is most likely a SNAP violation letter, which is alleging you violated the SNAP program. The USDA will attach a number of pages to the SNAP violation letter, which will contain transactions that happened at your store that the USDA is saying violates one or more groups of violations.
The first thing after you get a SNAP violation letter, you should speak to our our legal team. Remember, you have only ten days to respond to the letter. If you don’t respond, the government will terminate/suspend your stores ability to accept EBT.
About The Program
This program helps families with get food each month. The SNAP program benefits are distributed to consumers via an EBT card. The SNAP benefits on the card aren’t for general use, 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 which the SNAP participant lives. The SNAP program is operated on a national level by the government.
The SNAP federal and it’s parameters are under handled 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 legal violations happen when a store violates any of the rules below.
The retail store was involved intrafficking SNAP benefits. This can mean fraudulently accepting taking the benefits, or theft of the benefits.
The retail store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false info on your grocery stores application to accept EBT benefits.
The store took money for more EBT food stamps than food sales during the same period.
Your employees took SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
Defending against a SNAP Violation Letter
Spodek Law Group has experience handling SNAP appeals letters. Our law firm can handle your SNAP violation process in all 3 phases of a SNAP violation action.
Sending the violation letter is the initial step taken by the USDA to remove your right to take EBT benefits. This comes with, or without, prior warnings can come at any time. The SNAP violation letter contain details about alleged violations, but most letters will lay out serious allegations, with an attachment of details. You have only 10 days to respond. Once you hire our law firm, 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 may still believe that your store has violated the rules. If this happens, they’ll will definitely send a second letter that specifically states the agencies legal verdict to suspend or disqualify the store based on the alleged violations. You have 10 days to appeal this. If you choose not to, you’ll be unable to protest the USDA decision. Once you hire our lawyers, our team the legal papers to notify the government we are going to appeal their decision. Our lawyers gather 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 change the violation claim, in the Administrative Review, our lawyers will file a Judicial review at the local Federal Court. This process is like a normal 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 which you have to adhere to for EBT. In most cases, 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 you violate the laws, you should expect getting a SNAP violation letter. Penalties of violating SNAP can result in fines, and penalties. If it’s believed you did a serious violation, then you may end up with a temporary or permanent disqualification. In many situations, store owners don’t even know SNAP violations are even happening. In many situations, unethical employees are misusing the SNAP EBT program. If you’re accused of a SNAP violation to consult with a SNAP violation attorney 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 violations. Failure to respond to the violations will permanently crush your store. If you don’t respond the USDA will deliver a verdict even if 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 can discredit the findings of the USDA and fight any penalties. The fines imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose does huge 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 the policy must be at the time the violations were filed.
The grocery store 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 typically also looks in order to see if the owners benefited from the violations, or were aware of the violation. If the management was involved it can lead to disqualification.
It’s highly recommended any 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