If you’re a retailer who accepts EBT at your retail store, then may have gotten a official notice from the USDA. The notice is most likely a SNAP violation notice, which is alleging you are in violation of the SNAP program. The government will attach a number of pages to the SNAP violation notice, and it will have transactions that occurred at your store that the government is saying violates one or more groups of violations.
After you get a SNAP violation notice, you should definitely contact our law firm. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the USDA will terminate/suspend your stores privilege to accept EBT payments.
About The Program
This program helps families with a certain amount of money each month. These benefits are distributed via an EBT card. The benefits on the card are not for general usage, and they cannot be used for fraudulent cash back services. The EBT cards took the place of food stamps in the 1990’s and the card is issued by each state individually where the recipient lives. This program is run on a national level by the government.
The SNAP 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 counts as a SNAP violation
Snap violations occur when a store is in violation of the rules below.
The grocery store took part intrafficking SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or theft of the benefits.
The retail store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect information on your retail stores application to accept EBT benefits.
The store redeemed more EBT food stamps than actual food sales at the same time.
Your employees 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 managing SNAP violation letters. Our law firm can handle your SNAP Violation appeal in all phases of a SNAP Violation action.
Sending the letter is the first step taken by the USDA to remove your EBT license. This letter may come with no warning and can happen at any time. The violation letter will contain allegations, but most letters will detail violations, and have attached documents detailing the violations. You have only 10 days to respond. Once you hire Spodek Law Group, 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 violation letter, the USDA may still decide that a violation has occurred. If this happens, they’ll will issue another letter which outlines the governments decision to suspend or disqualify the 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. Once you hire our law firm, we file the appeal and notify the government we are going to appeal their decision. Our lawyers gather necessary evidence, and our team will draft an appellate brief containing all of the legal laws, legal evidence, etc. which is necessary to fix the outcome.
If the USDA refuses to change the decision, in the Administrative Review, we will file a Judicial review at the local Federal 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’s a lot of rules and regulations 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, SNAP recipients cant buy electronic goods. If, and when, 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 might end up with a temporary or permanent disqualification. In most cases, store owners don’t even know the violations are even occurring. In many situations, dishonest employees 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 retail store, you have only ten days to respond to the claims by the USDA. Failure to respond to the allegations will permanently crush your store. If you don’t respond the USDA will generate 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 will challenge the decision of the USDA and appeal any penalties. The fines imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose does huge fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. It must be in writing at the store and in effect at the time the violations were filed.
The store owner must be able to prove the compliance policy was in place before the charge, and was not drafted after the violation letter. The USDA typically also looks to see if the retail store owners benefited from the violations, 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 violation 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