If you accept EBT at your retail store, then may have been the recipient of a a letter from the USDA. This notification is most likely a SNAP violation notice, which is claiming you are in violation of the SNAP program. The USDA will include proof to the SNAP violation letter, and it will have records of transactions which occurred at your retail store which the USDA claims is in violation of one or more groups 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 don’t respond, the USDA will suspend your stores privilege to accept EBT.
About The SNAP Program
This program helps families with funds to buy food each month. The SNAP program benefits are distributed to consumers via an EBT card. The benefits on this card are not 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 are issued by each state individually where the recipient lives. This program is operated on a nationwide level by the government.
The SNAP program 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 legal violations happen if and when a store is in violation of the rules below.
The grocery store is accused ofthe trafficking of SNAP benefits. Examples of this is fraudulently accepting benefits, or theft of the benefits.
The grocery store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect information on the retail stores application to accept EBT benefits.
The grocery store took money for more coupons than sale of actual food during the same period.
The employees of the store accepted SNAP benefits from someone who isn’t allowed to use them.
How to defend your store against a SNAP violation
Spodek Law Group has experience handling SNAP violation letters. Our team of attorneys can handle your SNAP Violation appeal 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 comes with no warning and can happen at any time. The SNAP violation letter contain details about alleged violations, but most letters will mention 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.
After reviewing the store’s answer to the SNAP violation letter, the USDA might still believe that your store has violated the rules. If this happens, they’ll will 100% issue a second letter that outlines their legal verdict to suspend or disqualify the grocery store based on the accusations previously mentioned. Like before, you have 10 days to appeal this decision. If you don’t, then you’ll be stuck with the USDA decision. Once you hire our firm, our team the appeal and notify the USDA we are going to appeal their decision. We’ll collect necessary evidence, and our team will generate an appellate brief containing all of the legal laws, legal evidence, etc. which is necessary to change the outcome of the violations.
If the USDA refuses to overturn the decision, in the Administrative Review, we will 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 which you have to adhere to for EBT. In most cases, many grocery store owners don’t run into problems. 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 buy electronic goods. If you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can result in severe fines. If it’s believed you did a serious SNAP violation, then you might end up with either a permanent or temporary disqualification. In most cases, owners of grocery stores didn’t even know SNAP violations are even occurring. In many situations, unethical employees who are misusing the SNAP EBT program. It’s helpful to speak with a SNAP violation attorney to ensure sure you don’t have your benefits revoked.
When a SNAP violation letter is presented to your store, you only have ten days to respond to the claims by the USDA. Your failure to respond to the allegations will permanently harm your store. In addition, the USDA will deliver a verdict even though you don’t respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers will 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 imposes 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 and the policy must be at the time the violations were filed.
The store owner must be able to prove the above mentioned policy was in existence before the allegations, and was not drafted after the violation letter. The USDA typically also looks to check if the grocery store owners benefited in any way from the fraud, or if the business owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
We highly recommend any store owner that receives a 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