If you’re a retailer who accepts EBT at your grocery store, then may have gotten a letter of warning from the USDA. The notice is probably a SNAP violation notice, which is alleging you are in violation of the SNAP program. The USDA will attach a number of pages to the SNAP violation letter, and it will contain records of transactions which happened at your retail store that the government is saying is in violation of one or more categories of violations.
After you get a SNAP violation notice, you must contact our law firm. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the USDA will suspend your stores ability to accept EBT.
About The SNAP Program
This program provides families with get food each month. These benefits are distributed to consumers with an EBT card. The funds on this card cannot legally be used for general usage, and they cannot be used for fraudulent cash back transactions. The EBT cards took the place of food stamps in the 1990’s and the card is issued by each state individually where the consumer lives. The SNAP program is operated on a nationwide level by the government.
The SNAP federal and it’s parameters 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 occur when a grocery store violates any of the rules below.
The store took part inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting benefits, or stealing the benefits.
The retail store took SNAP funds 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 at the same time.
Your employees accepted SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
How to defend your store against a SNAP violation
Spodek Law Group has immense experience managing SNAP violations letters. Our law firm can handle your SNAP Violation appeal 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 take away your EBT license. This letter may come with, or without, prior warnings can come at any time. The violation letter has a variety of allegations, but most letters will lay out violations, and have attached documents detailing the violations. You have only 10 days to respond. Once you hire our law firm, 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 violation letter, the USDA might still feel that your store has violated the rules. If this happens, they’ll will 100% issue a second letter which specifically states the agencies legal verdict to suspend or disqualify the retail store based on the alleged violations. Like before, you have ten days to appeal the verdict. If you choose not to, then you’ll be stuck with the USDA decision. After you hire our lawyers, our team the necessary paperwork to notify the government we are going to appeal their decision. Our lawyers gather necessary evidence, and we will draft generate the necessary appeals briefs which contains all of the legal laws, evidence, etc. which is necessary to overturn the decision.
If the USDA refuses to overturn the decision, in the Administrative Review, we’ll file a Judicial review at the local Federal District Court. This next phase is like a normal federal court 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 grocery store retailer, there are many laws have to obey in order to accept EBT. In most cases, many retail 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 purchase electronic goods. If, and when, you violate the laws, you’ll get a SNAP violation letter. Snap violation penalties can result in severe and business crushing penalties. If it’s believed you did a major SNAP violation, then you might end up with either a permanent or temporary disqualification. In most cases, store owners didn’t even know SNAP violations are even happening. In many situations, dishonest employees who are misusing the SNAP program. If you’re accused of a SNAP violation to discuss your case with a SNAP violation lawyer in order to ensure sure you don’t have your benefits revoked.
When a charge letter is sent to your retail store, you only have 10 days to respond to the allegations. Failure to respond to the allegations will permanently crush your store. If you don’t respond 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 cannot defend your store. Hiring a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers can challenge the decision of the USDA and fight any decision. The fines imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose imposes large fines to in order to curb future violations. The USDA will typically look to see if you have a compliance policy in place. The policy has to be in writing at the store and in effect when the violations were filed.
The store owner also has to be able to prove the compliance 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 retail store owners benefited from the violations, or if the business owners were aware of the fraud. If the managers were 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