If you’re a retailer who accepts EBT at your retail store, then you might have been the recipient of a a official warning from the USDA. The letter is most likely 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 notice, which will contain records of transactions which happened at your retail store that the USDA claims violates one or more categories of violations.
After you get a SNAP violation letter, you should definitely speak to our our law firm. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the USDA will terminate/suspend your grocery store’s ability to accept EBT payments.
About The Program
This program provides families with funds to buy food each month. These benefits are given through an EBT card. The benefits on the card cannot be used for general use, and they cannot be used for fraudulent cash back transactions. The EBT cards took over for food stamps in the 1990’s and are issued in the state which the SNAP participant lives. The SNAP program is run on a nationwide level by the government.
This federal and the benefits that come with it 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’s a SNAP Violation
SNAP legal violations occur when a retail store is in violation of the rules below.
The grocery store is accused oftrafficking SNAP benefits. Examples of this is fraudulently accepting the benefits, or theft of the benefits.
Your retail store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect info on your grocery stores application to accept EBT benefits.
The grocery store took money for more coupons than actual food sales during the same period.
The employees of the store took 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 violation letters. Our team of attorneys can handle your SNAP Violation appeal in all phases of a SNAP violation action.
Sending the violation letter is the first step taken by the USDA to remove your right to take EBT benefits. This letter may come with no warning can come at any time. The SNAP violation letter has a variety of allegations, but most of them will detail serious allegations, with an attachment of details. Your response to the SNAP violation letter is due within 10 days. 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.
Once the USDA reviews your answer to the notice of violation, the USDA might still believe that a violation has occurred. If that happens, they’ll will 100% issue a second letter which specifically states their legal verdict to suspend or disqualify the store based on the accusations previously mentioned. Like before, you have 10 days to protest this verdict. If you choose not to, you’ll be stuck with the USDA decision. After you hire our law firm, we’ll file the necessary paperwork to notify them we are going to appeal their decision. Our lawyers collect necessary evidence, and we will draft draft an appellate brief containing all of the case law, evidence, etc. which is necessary to fix the outcome.
If the USDA refuses to overturn the decision, in the Administrative Review, our lawyers will 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. We can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there are many laws have to obey in order to accept EBT. In most normal situations, many retail 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, people getting SNAP benefits cant purchase electronic goods. If, and when, you violate the laws, you’ll get a SNAP violation letter. Penalties of violating SNAP can result in severe and business crushing penalties. If it’s believed you did a serious SNAP violation, then you may end up with either a permanent or temporary disqualification. In most cases, store owners don’t know the violations are even happening. Often, it’s dishonest employees who are misusing the SNAP program. If you’re accused of a SNAP violation to consult with a SNAP violation attorney to make sure you don’t have your benefits revoked.
When a SNAP violation letter is delivered to your retail store, you have only 10 days to respond to the claims. Failure to respond to the violations will permanently crush your store. In addition, the USDA will make a verdict even though you choose not to respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers will challenge the decision of the USDA and fight any penalties. The financial penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully does huge fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. It has to be in writing and in effect at the time 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 business owners were aware of the fraud. If the management was involved it can lead to disqualification.
We highly recommend any owner that gets a violation 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