If you’re a retailer who accepts EBT at your retail store, then may have been the recipient of a a official notice from the USDA. The letter is most likely a SNAP violation notice, which is stating you have violated the SNAP program. The government will include proof to the SNAP violation letter, and it will contain transactions that occurred at your retail store which the government is saying is in violation of one or more groups of violations.
The first thing after you get a SNAP violation letter, you should contact 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 stores ability to accept EBT payments.
About The Program
This program provides families with money each month. The SNAP program benefits are distributed to consumers via an EBT card. The benefits on this card cannot be used for general use, and they cannot be used for cash back transactions. The EBT cards took the place of food stamps in the 1990’s and the card is issued in the state where the recipient lives. The program is operated on a nationwide level by the federal government.
The government and the benefits that come with it 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 legal violations happen when a store is in violation of the following rules.
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 took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false info on the retail stores application to accept EBT benefits.
Your grocery store took money for more EBT food stamps than actual food sales at the same time.
The employees of the store accepted SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
How to defend your store against a SNAP violation
Our law firm has experience handling SNAP violations letters. Our team of attorneys can handle your SNAP Violation appeal in all 3 phases of a SNAP violation action.
The charging letter is the initial step taken by the USDA to remove your EBT license. The letter can come with no warning can come at any time. The SNAP violation letter has a variety of allegations, but most letters will mention violations, and have attached documents detailing the violations. Your response to the SNAP violation letter is due within 10 days. 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.
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, the USDA will issue a second letter which outlines the governments legal verdict to suspend or disqualify the retail store based on the allegations set forth. You have 10 days to appeal this. If you don’t, you’ll be stuck with the USDA decision. After you hire our firm, we file the legal papers to notify the USDA appeal the decision. Our lawyers gather necessary evidence, and our team will generate the necessary appeals briefs containing all of the case law, evidence, etc. which is critical to fix the outcome.
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 next phase is like a normal court case, where you’ll be able to do discovery, file motions, and have a trial. Our attorneys can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there’s a lot of rules and regulations have to obey in order to accept EBT. In most normal situations, many retail store owners have no issues adhering to them. However, the SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limits on how the funds can be used. For example, SNAP recipients cant get electronic goods. If you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can include fines and penalties. If it’s believed you did a serious SNAP violation, then you might end up with a temporary or permanent disqualification. In many situations, owners of grocery stores don’t even know the violations were even happening. In many situations, it’s dishonest employees who are misusing the SNAP program. It’s helpful to discuss your case with a SNAP violation lawyer in order to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is presented to your grocery store, you have only ten days to respond to the allegations. Your failure to respond to the violations will permanently harm your store. If you don’t respond the USDA will generate a verdict even though you don’t respond to the allegations. In the absence of a SNAP violation attorney, you won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you a fighting change. Our lawyers can challenge the findings of the USDA and fight any decision. The financial 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 will look to see if you have a store compliance policy in place. It must be in writing at the store and the policy must be when the allegations were filed.
The grocery store also has to 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 in order to see if the grocery 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 store owner that receives 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