If you accept EBT at your grocery store, then you might have been the recipient of a a official warning from the USDA. This letter is most likely a SNAP violation letter, which is alleging you have violated the SNAP program. The government will attach a number of pages to the SNAP violation notice, which will contain transactions which happened at your retail store which the USDA claims violates one or more genres 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 don’t respond, the USDA will suspend your grocery store’s ability to accept EBT.
About The Program
The SNAP program provides families with money each month. These benefits are distributed with an EBT card. The funds on the card are not for general usage, and they can’t be used for fraudulent cash back services. The EBT cards took over for food stamps in the 1990’s and the card is issued in the state which the SNAP participant lives. This program is run on a nationwide level by the federal government.
The program 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 violations happen if and when a store is in violation of the rules below.
The retail store took part intrafficking SNAP benefits. This can mean fraudulently accepting the benefits, or theft of the benefits.
The grocery store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false information on the grocery stores application to accept EBT benefits.
Your grocery store redeemed more coupons than actual food sales over the same period.
Your employees accepted SNAP benefits from someone who isn’t eligible to use the benefits.
Defending against a SNAP Violation Letter
Spodek Law Group has experience handling SNAP violation letters. Our law firm can handle your SNAP violation process in all phases of a SNAP violation action.
Sending the letter is the initial step which is taken by the USDA USDA to take away your EBT license. This comes with, or without, prior warnings and can happen at any time. The violation letter has a variety of allegations, but most letters will lay out serious allegations, with an attachment of details. Your response to the SNAP violation letter is due within 10 days. After you hire our law firm, 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 your store has violated the rules. If this happens, the USDA will 100% issue a second letter that outlines the agencies legal verdict to suspend or disqualify the retail 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. Once you hire our lawyers, we’ll file the necessary paperwork and notify the USDA we are going to appeal their decision. Our lawyers gather necessary evidence, and we will draft draft an appellate brief containing all of the case law, evidence, etc. which is critical to change the outcome of the violations.
In the event the USDA refuses to overturn the violation claim, in the Administrative Review, we’ll file a Judicial review at the local Federal Court. This process 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 you have to adhere to for EBT. In most cases, many grocery store owners don’t run into problems. However, the SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant purchase electronic goods. If, and when, you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can result in severe and business crushing penalties. If you conduct a major violation, then you may end up with either a permanent or temporary disqualification. In most cases, owners of grocery stores didn’t even know SNAP violations were even occurring. In many situations, unethical employees who are misusing the SNAP program. It’s helpful to discuss your case with a SNAP violation attorney in order to make sure you don’t have your benefits revoked.
When a SNAP violation letter is presented to your retail store, you only have 10 days to respond to the allegations. Your failure to respond to the violations will permanently harm your store. In addition, the USDA will generate a verdict even though you don’t 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 discredit the findings 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 purposefully imposes huge fines to curb violations. The USDA look to see if you have a store compliance policy. The policy must be in writing at the store and the policy must be at the time the allegations were filed.
The retailer also be able to prove the compliance policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA typically also looks to check if the retail store owners benefited from the violations, or were aware of the violation. If the management was involved it can lead to disqualification.
We highly recommend any store owner that receives a allegation 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