If you accept EBT at your retail store, then may have received a letter of warning from the USDA. This notice is probably a SNAP violation letter, which is stating you violated the SNAP program. The government will attach a number of pages to the SNAP violation letter, and it will contain transactions which occurred at your retail store that the USDA is saying violates one or more groups of violations.
After you get a SNAP violation letter, you should definitely speak to our our legal team. Remember, you have only ten days to respond to the letter. If you choose to ignore, the USDA will terminate/suspend your grocery store’s ability to accept EBT.
About The SNAP Program
This program helps families with money each month. The SNAP program benefits are distributed to consumers through an EBT card. The funds on this card cannot legally be used for general usage, and they can’t be used for fraudulent cash back transactions. The cards took over for food stamps in the 1990’s and are issued by each state individually where the consumer lives. The SNAP program is run on a nationwide level by the federal government.
This program 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’s a SNAP Violation
Snap violations occur if and when a retail store violates any of the rules below.
The retail store was involved inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting the benefits, or theft of the benefits.
Your retail store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false information on the retail stores application to accept EBT benefits.
Your grocery store redeemed more coupons than actual food sales during the same period.
The employees of the store accepted SNAP benefits from someone who isn’t eligible to use the benefits.
How we can help defend you against a SNAP violation notice
Our law firm has immense experience handling SNAP appeals letters. Our team of attorneys can handle your SNAP violation process in all 3 phases of a SNAP Violation action.
Sending the letter is the initial step taken by the USDA to take away your right to take EBT benefits. This letter may come with, or without, prior warnings can come at any time. The charging letter contain details about alleged violations, but most letters will outline serious allegations, have evidence attached proving the violations. You have only 10 days to respond. After you hire Spodek Law Group, our lawyers 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 may still feel that a violation has occurred. If that happens, they’ll will definitely send a second letter that specifically states the agencies legal verdict to suspend or disqualify the retail store based on the allegations set forth. Like before, you have 10 days to appeal this verdict. If you choose not to, you’ll be unable to protest the USDA decision. After you hire our firm, our team the legal papers to notify them we are going to appeal their decision. Our lawyers collect necessary evidence, and our team will generate an appellate brief which contains all of the legal laws, legal evidence, etc. which is critical to overturn the decision.
If the USDA refuses to overturn the legal 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 food store retailer, there are many laws you have to adhere to for EBT. In most normal situations, many grocery 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, people getting SNAP benefits cant purchase electronic goods. As a retailer, if you violate the laws, you’ll probably get a SNAP violation letter. Penalties of violating SNAP can result in fines, and penalties. If you conduct a major SNAP violation, then you might end up with either a permanent or temporary disqualification. In most cases, owners of grocery stores don’t even know the violations are even occurring. Often, it’s dishonest employees are misusing the SNAP 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 charge letter is delivered to your grocery store, you only have ten days to respond to the violations. Your failure to respond will permanently harm 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. Retaining a SNAP violation lawyer gives you a fighting change. Our lawyers will discredit the decision of the USDA and appeal any penalties. The penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose chooses to impose 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 violations were filed.
The grocery store also be able to prove the above mentioned policy was in existence before the allegations, and was not drafted after the violation letter. The USDA will also look in order to check if the grocery store 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 store that gets 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