If you accept EBT at your grocery store, then may have received a official notice from the USDA. The notification is most likely a SNAP violation letter, which is stating you are in violation of the SNAP program. The government will include proof to the SNAP violation notice, and it will have transactions that happened at your grocery store which the USDA claims is in violation of one or more categories of violations.
The first thing after you get a SNAP violation letter, you should contact our law firm. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the government will suspend your grocery store’s ability to accept EBT payments.
About The Program
The SNAP program helps families with funds to buy food each month. These benefits are distributed to consumers with an EBT card. The funds on this card cannot be used for general use, and they can’t be used for cash back transactions. The EBT cards took over for food stamps in the 1990’s and the card is issued by each state individually where the consumer lives. The program is run on a national level by the federal government.
The SNAP government and the benefits that come with it are governed 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 legal violations happen when a grocery store is in violation of the following rules.
The retail store is accused ofthe trafficking of SNAP benefits. Examples of this is fraudulently accepting benefits, or theft of the benefits.
The retail store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false info on the retail stores application to accept EBT benefits.
The store redeemed more EBT food stamps than actual food sales during the same period.
The employees of the store accepted SNAP benefits from someone who shouldn’t be allowed 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 law firm can handle your SNAP violation process in all phases of a SNAP Violation action.
The charging letter is the initial step which is taken by the USDA USDA to remove your right to take EBT benefits. The letter can come with no warning and can appear at any time. The charging letter will have allegations in it, but most of them will detail violations, have evidence attached proving the violations. You have only 10 days to respond. After 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 SNAP violation letter, the USDA might still believe that your store has violated the rules. If this happens, the USDA will 100% issue another letter that specifically states the governments legal verdict to suspend or disqualify the grocery store based on the alleged violations. Like before, you have ten days to appeal the verdict. If you choose not to, you’ll be unable to protest the USDA decision. Once you hire our law firm, we file the necessary paperwork and notify the USDA we are going to appeal their decision. Our lawyers collect necessary evidence, and we will draft generate an appellate brief containing all of the legal laws, evidence, etc. which is critical to overturn the decision.
In the event the USDA refuses to override the binding decision, in the Administrative Review, we will file a Judicial review at the local Federal District Court. The Judicial Appeal is like a normal case, where you’ll be able to do discovery, file motions, and have a trial. Our lawyers can handle these cases in all 50 states.
SNAP Violations
As a grocery store retailer, there are many laws have to obey in order to accept EBT. In most normal situations, many retail 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 get electronic goods. As a retailer, if you violate the laws, you’ll probably get a SNAP violation letter. Penalties of violating SNAP can result in severe fines. If it’s believed you did a major violation, then you might end up with either a permanent or temporary disqualification. In many situations, store owners didn’t know the violations were even occurring. In many situations, unethical employees who are misusing the SNAP program. If you’re accused of a SNAP violation to speak with a SNAP violation lawyer in order to make sure you don’t have your benefits revoked.
When a charge letter is presented to your store, you only have ten days to respond to the violations. 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 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 the ability to fight for your rights. Our 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 on purpose does huge fines to in order to curb future violations. The USDA will look to see if you have a store compliance policy in place. It must be in writing at the store and the policy must be when the allegations were filed.
The retailer also be able to prove the above mentioned policy was in place before the charge, and wasn’t drafted after the violation was made. The USDA typically also looks to check if the grocery store owners benefited from the violations, or if the business owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
It’s highly recommended any store owner that receives 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