If you’re a retailer who accepts EBT at your grocery store, then it’s possible have gotten a notice from the USDA. The notice is most likely a SNAP violation letter, which is claiming you are in violation of the SNAP program. The government will include proof to the SNAP violation notice, and it will have records of transactions that happened at your grocery store which the USDA is saying is in violation of one or more genres of violations.
After you get a SNAP violation letter, you should definitely speak to our our law firm. Remember, you have only ten days to respond to the letter. If you choose to ignore, the USDA will suspend your stores privilege to accept EBT.
About The Program
This program helps families with money each month. The SNAP program benefits are distributed through an EBT card. The funds on the card cannot legally be used for general use, and they can’t be used for fraudulent cash back transactions. The cards took the place of food stamps in the 1990’s and the card is issued in the state where the consumer lives. The SNAP program is run on a nationwide level by the federal government.
The SNAP program 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 legal violations occur when a grocery store is in violation of the following rules.
The retail store took part inthe trafficking of SNAP benefits. This can mean fraudulently accepting the benefits, or stealing the benefits.
The grocery store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect information on your grocery stores application to accept EBT benefits.
Your store redeemed more coupons than sale of actual food at the same time.
The employees of the store took SNAP benefits from someone who isn’t eligible to use the benefits.
How we can help defend you against a SNAP violation notice
Spodek Law Group has immense experience managing SNAP violations letters. Our team of attorneys can handle your SNAP violation process in all 3 phases of a SNAP violation action.
Sending the violation letter is the first step which is going to be taken by USDA to remove your right to take EBT benefits. This letter may come with no warning can come at any time. The charging letter will have allegations in it, but most letters will detail serious allegations, and have attached documents detailing the violations. You have only 10 days to respond. After 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.
After reviewing the store’s answer to the notice of violation, the USDA might still feel that a violation has occurred. If this happens, the USDA will 100% issue a second letter that outlines the agencies decision to suspend or disqualify the store based on the allegations set forth. You have 10 days to appeal this. If you don’t, then you’ll be unable to protest the USDA decision. After you hire our firm, we file the necessary paperwork to notify the USDA we are going to appeal their decision. Our lawyers gather necessary evidence, and we will draft generate the necessary appeals briefs which contains all of the case law, evidence, etc. which is necessary to fix the outcome.
If the USDA refuses to override the violation claim, in the Administrative Review, our lawyers will file a Judicial review at the local Federal Court. The Judicial Appeal is like a normal federal 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 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 buy electronic goods. If you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can result in severe fines. If you conduct a serious SNAP violation, then you may end up with a temporary or permanent disqualification. In most cases, owners of grocery stores didn’t know SNAP violations are even happening. In many situations, unethical employees who are misusing the SNAP program. If you’re accused of a SNAP violation to discuss your case with a SNAP violation lawyer to make sure you don’t have your benefits revoked.
When a SNAP violation letter is presented to your store, you have only 10 days to respond to the violations. Your failure to respond to the violations 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. In the absence of a SNAP violation attorney, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers will discredit the decision of the USDA and appeal any penalties. The financial penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully imposes huge fines to in order to curb future violations. The USDA will look to see if you have a store compliance policy in place. The policy must be in writing at the store and in effect at the time the allegations were filed.
The store owner must has to be able to prove the above mentioned policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA typically also looks in order to check if the grocery store owners benefited from the violations, or if the owners were aware of the fraud. Any involvement of the management can lead to disqualification.
It’s highly recommended any grocery store owner that gets a violation letter speak to 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