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If you accept EBT at your retail store, then it’s possible have been the recipient of a a official notice from the USDA. The notification is probably a SNAP violation notice, which is stating you violated the SNAP program. The government will include proof to the SNAP violation notice, which will contain records of transactions which occurred at your retail store that the government claims violates one or more genres of violations.
The first thing after you get a SNAP violation notice, you should speak to our our legal team. Remember, you have only ten days to respond to the letter. If you choose to ignore, the government will terminate/suspend your grocery store’s ability to accept EBT payments.
About The SNAP Program
This program helps families with get food each month. These benefits are distributed through an EBT card. The benefits on this card are not for general usage, and they can’t be used for cash back services. The 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 operated on a national level by the federal government.
This federal and it’s benefits 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 does it mean to have a SNAP violation
Snap violations occur when a store is in violation of the rules below.
The retail store is accused oftrafficking SNAP benefits. Examples of this is 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 your store’s application to accept EBT benefits.
Your grocery store redeemed more coupons than sale of actual food during the same period.
Your employees took SNAP benefits from someone who isn’t allowed to use them.
How we can help defend you against a SNAP violation notice
Spodek Law Group has immense experience managing SNAP appeals letters. We can handle your SNAP Violation appeal in all 3 phases of a SNAP Violation action.
Sending the violation letter is the initial step which is going to be taken by USDA to take away your right to take EBT benefits. This letter may come with no warning and can happen at any time. The SNAP violation letter has a variety of allegations, but most of them will detail serious allegations, and have attached documents detailing the violations. You have only 10 days to respond. Once you hire our law firm, 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 SNAP violation letter, the USDA may still feel that your store has violated the rules. If this happens, they’ll will 100% issue a second letter that specifically states the agencies legal verdict to suspend or disqualify the store based on the alleged violations. You have 10 days to appeal this. If you don’t, then you’ll be stuck with the USDA decision. Once you hire our lawyers, we’ll file the necessary paperwork to notify the government we are going to appeal their decision. We’ll collect necessary evidence, and our team will generate an appellate brief containing all of the case law, evidence, etc. which is necessary to overturn the decision.
In the event the USDA refuses to change the legal decision, in the Administrative Review, we will file a Judicial review at the local Federal Court. The Judicial Appeal is like a normal court case, where you’ll have to do standard processes like discovery, file motions, and have a trial. Our law firm can handle these cases in all 50 states.
As a food store retailer, there are many laws you have to adhere to for EBT. In most cases, many retail 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, SNAP recipients cant purchase electronic goods. As a retailer, if you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can result in severe fines. If you conduct 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 were even occurring. Often, it’s dishonest employees who are misusing the SNAP program. It’s helpful to consult with a SNAP violation appeals lawyer in order to ensure sure you don’t have your benefits revoked.
When a charge letter is delivered to your store, you only have ten days to respond to the claims. Your failure to respond to the allegations will permanently harm your store. If you don’t respond the USDA will generate a verdict even if you choose not to respond to the allegations. Without legal experience, you cannot defend your store. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers can discredit the decision of the USDA and fight any penalties. The fines imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully chooses to impose huge 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 must be in writing at the store and the policy must be when the allegations were filed.
The grocery store must be able to prove the compliance policy was in place before the charge, and wasn’t drafted after the violation was made. The USDA will also look to see if the grocery store owners benefited in any way from the fraud, or if the owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
It’s highly recommended any store 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