If you accept EBT at your retail store, then may have received a official notice from the USDA. This notification is most likely a SNAP violation notice, which is alleging you have violated the SNAP program. The USDA will include proof to the SNAP violation notice, which will contain transactions that occurred at your store which the USDA claims is in violation of one or more genres of violations.
After you get a SNAP violation notice, you should speak to our our law firm. Remember, you have only ten days to respond to the letter. If you don’t respond, the government will suspend your stores ability to accept EBT.
About The Program
The SNAP program helps families with funds to buy food each month. These benefits are given via an EBT card. The benefits on this card aren’t for general use, and they cannot be used for fraudulent cash back services. The cards took the place of food stamps in the 1990’s and the card is issued by each state individually which the SNAP participant lives. This program is run on a nationwide level by the government.
The SNAP government and it’s benefits are governed by the US Code and the Code of Federal Regulations. The USDA FNS agency enforces the regulations and runs the program.
What’s a SNAP Violation
SNAP legal violations happen when a store is in violation of the rules below.
The retail store is accused ofthe trafficking of SNAP benefits. This can mean fraudulently accepting taking the benefits, or stealing the benefits.
The grocery store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect information on your retail stores application to accept EBT benefits.
The grocery store redeemed more coupons than sale of actual food during the same period.
The employees of the store accepted SNAP benefits from someone who isn’t allowed to use them.
How to defend your store against a SNAP violation
Our law firm has experience handling SNAP violation letters. We can handle your SNAP violation process 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 right to take EBT benefits. The letter can come with, or without, prior warnings can come at any time. The violation letter will have allegations in it, but most of them will detail violations, have evidence attached proving the violations. Your response to the SNAP violation letter is due within 10 days. Once 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 believe that a violation has occurred. If that happens, they’ll will definitely send a second letter that outlines the agencies decision to suspend or disqualify the grocery store based on the accusations previously mentioned. You have 10 days to appeal this. If you don’t, you’ll be stuck with the USDA decision. After you hire our law firm, our team the legal papers to notify them appeal the decision. We’ll gather necessary evidence, and our team will draft an appellate brief containing all of the legal laws, legal evidence, etc. which is needed to fix the outcome.
If the USDA refuses to overturn the legal decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal Court. The Judicial Appeal is like a normal case, where you’ll be able to do 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’s a lot of rules and regulations have to obey in order to accept EBT. In most normal situations, many retail store owners have no issues 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’ll get a SNAP violation letter. Snap violation penalties can include fines and penalties. If you conduct a major violation, then you may end up with either a permanent or temporary disqualification. In most cases, store owners don’t even know the violations are even occurring. Often, it’s dishonest employees who are misusing the SNAP EBT program. If you’re accused of a SNAP violation to speak with a SNAP violation attorney to make sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your store, you have only ten days to respond to the claims. Failure to respond to the allegations will permanently crush your store. In addition, the USDA will make a verdict even if 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. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers will fight the findings of the USDA and appeal any decision. The penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose chooses to impose huge fines to in order to curb future 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 at the time the violations were filed.
The store owner must has to be able to prove the compliance policy was in existence before the allegations, and was not drafted after the violation letter. The USDA will also look to check if the owners benefited from the violations, or if the owners were aware of the fraud. If the management was involved it can lead to disqualification.
We highly recommend any grocery store owner that receives a letter consult with a SNAP violation attorney. Failure can result 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