If you accept EBT at your retail store, then it’s possible have been the recipient of a a letter of warning from the USDA. This notification is most likely a SNAP violation notice, which is alleging you are in violation of the SNAP program. The government will attach a number of pages to the SNAP violation letter, which will have records of transactions that occurred at your grocery store that the USDA claims violates one or more genres of violations.
After you get a SNAP violation notice, you should speak to our our legal team. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the government will terminate/suspend your stores ability to take EBT.
About The SNAP Program
This program provides families with a certain amount of money each month. These benefits are distributed to consumers via an EBT card. The SNAP benefits on the EBT card are not for general usage, and they can’t be used for cash back transactions. The cards took over for food stamps in the 1990’s and the card is issued in the state where the consumer lives. This program is operated on a nationwide level by the federal government.
This program 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 does it mean to have a SNAP violation
Snap violations happen when a grocery store violates any of the following rules.
The store was involved inthe trafficking of SNAP benefits. This can mean fraudulently accepting benefits, or stealing the benefits.
Your retail store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect information on the store’s application to accept EBT benefits.
Your store took money for more EBT food stamps than sale of actual food at the same time.
The employees of the store have taken SNAP benefits from someone who shouldn’t be allowed to use the benefits.
Defending against a SNAP Violation Letter
Our law firm has immense experience handling SNAP violations letters. Our team of attorneys can handle your SNAP violation process in all 3 phases of a SNAP action.
Sending the violation letter is the initial step which is going to be taken by USDA to remove your right to take EBT benefits. This letter may come with, or without, prior warnings and can appear at any time. The violation letter will contain allegations, but most of them will detail serious allegations, with an attachment of details. You have only 10 days to respond. Once you hire Spodek Law Group, our lawyers 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 SNAP violation letter, the USDA may still believe that a violation has occurred. If that happens, they’ll will 100% issue another letter that specifically states the agencies legal verdict to suspend or disqualify the retail store based on the allegations set forth. You have 10 days to appeal this. If you choose not to, you’ll be stuck with the USDA decision. Once you hire our law firm, our team the legal papers and notify the government we are going to appeal their decision. We’ll gather necessary evidence, and we will draft generate an appellate brief which contains all of the case law, legal evidence, etc. which is necessary to change the outcome of the violations.
If the USDA refuses to overturn the binding decision, in the Administrative Review, we’ll file a Judicial review at the local Federal Court. This next phase is like a normal federal court 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 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 don’t run into problems. 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 buy electronic goods. If you violate the laws, you’ll get a SNAP violation letter. Penalties of violating SNAP can include fines and penalties. If it’s believed you did a major SNAP violation, then you may end up with a temporary or permanent disqualification. In most cases, store owners don’t even know the violations are even happening. In many situations, 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 lawyer to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your grocery store, you only have 10 days to respond to the allegations. Failure to respond will permanently harm your store. In addition, the USDA will generate a verdict even though you choose not to respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers can fight the findings of the USDA and fight any penalties. The penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose imposes large fines to curb violations. The USDA look to see if you have a store compliance policy. The policy has to be in writing and in effect when the allegations were filed.
The grocery store also be able to prove the compliance policy was in place before the charge, and was not drafted after the violation letter. The USDA typically also looks to see if the grocery store owners benefited from the violations, or if the business owners were aware of the fraud. Any involvement of the management can lead to disqualification.
We highly recommend any store owner that receives a allegation 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