If you accept EBT at your grocery store, then you might have gotten a official notice from the USDA. This notice is most likely a SNAP violation notice, which is stating you are in violation of the SNAP program. The USDA will attach a number of pages to the SNAP violation notice, and it will contain records of transactions that happened at your retail store that the USDA claims is in violation of one or more genres of violations.
The first thing after you get a SNAP violation letter, you should definitely contact our law firm. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the USDA will suspend your stores ability to take EBT.
About The Program
This program helps families with a certain amount of money each month. The SNAP program benefits are distributed via an EBT card. The benefits on the EBT card cannot legally be used for general usage, and they can’t be used for fraudulent cash back transactions. The EBT cards took over for food stamps in the 1990’s and are issued in the state which the SNAP participant lives. The SNAP program is operated on a national level by the federal government.
This government and it’s parameters 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 happen when a retail store violates any of the rules below.
The grocery store took part inthe trafficking of SNAP benefits. This can mean fraudulently accepting the benefits, or stealing the benefits.
The retail store accepted 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 took money for more coupons than actual food sales during the same period.
The employees of the store accepted SNAP benefits from someone who isn’t eligible to use the benefits.
How we can help defend you against a SNAP violation notice
Our law firm has immense experience handling SNAP appeals letters. Our team of attorneys can handle your SNAP Violation appeal in all phases of a SNAP violation action.
The charging letter is the first step which is taken by the USDA USDA to take away your right to take EBT benefits. This comes with, or without, prior warnings and can appear at any time. The charging letter will have allegations in it, but most letters will detail serious allegations, have evidence attached proving the violations. Your response to the SNAP violation letter is due within 10 days. Once 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 notice of violation, the USDA might still decide that your store has violated the rules. If this happens, they’ll will issue another letter which outlines the governments decision to suspend or disqualify the retail store based on the allegations set forth. You have 10 days to appeal this. If you choose not to, then you’ll be stuck with the USDA decision. After you hire our law firm, our team the necessary paperwork and notify the USDA appeal the decision. We’ll collect necessary evidence, and we will draft draft the necessary appeals briefs which contains all of the case law, legal evidence, etc. which is necessary to overturn the decision.
In the event the USDA refuses to change the violation claim, in the Administrative Review, we will 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 law firm 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 cases, many retail store owners don’t run into problems. However, USDA’s SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. 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 and business crushing penalties. If it’s believed you did a major SNAP violation, then you might end up with either a permanent or temporary disqualification. In many situations, owners of grocery stores didn’t know SNAP violations are even happening. In many situations, dishonest employees who are misusing the SNAP program. It’s helpful to speak with a SNAP violation attorney to ensure sure you don’t have your benefits revoked.
When a charge letter is delivered to your store, you only have 10 days to respond to the allegations. Failure to respond to the allegations will permanently crush your store. In addition, the USDA will deliver a verdict even though you choose not to respond to the allegations. In the absence of a SNAP violation attorney, you cannot defend your store. Hiring a SNAP violation lawyer gives you a fighting change. Our lawyers can challenge the decision of the USDA and appeal any decision. The financial penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose does large 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 grocery store 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 will also look to check if the grocery store owners benefited in any way from the fraud, or if the owners were aware of the fraud. Any involvement of the management can lead to disqualification.
We highly recommend any grocery store owner that gets a 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