If you’re a retailer who accepts EBT at your grocery store, then you might have received a official notice from the USDA. The letter is probably a SNAP violation letter, which is claiming you violated the SNAP program. The USDA will attach a number of pages to the SNAP violation notice, and it will have transactions which occurred at your store which the USDA claims is in violation of one or more genres of violations.
After you get a SNAP violation letter, you should contact our legal team. Remember, you have only ten days to respond to the letter. If you don’t respond, the USDA will terminate/suspend your stores ability to accept EBT payments.
About The SNAP Program
This program helps families with money each month. The SNAP program benefits are distributed with an EBT card. The benefits on the EBT card cannot be used for general usage, and they cannot be used for cash back services. The EBT cards took over for food stamps in the 1990’s and are issued in the state where the consumer lives. The SNAP program is operated on a nationwide level by the federal government.
The SNAP federal and it’s benefits 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 does it mean to have a SNAP violation
Snap violations happen if and when a retail store violates any of the rules below.
The retail store took part inthe trafficking of SNAP benefits. This can mean fraudulently accepting benefits, or stealing the benefits.
The retail store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false info on your retail stores application to accept EBT benefits.
Your grocery store took money for 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.
Defending against a SNAP Violation Letter
Our law firm has immense experience handling SNAP violation letters. We can handle your SNAP violation process in all 3 phases of a SNAP Violation action.
Sending the violation letter is the initial step which is going to be taken by USDA to take away your EBT license. This comes with, or without, prior warnings and can happen at any time. The charging letter contain details about alleged violations, but most letters will detail serious allegations, and have attached documents detailing the violations. You have only 10 days to respond. Once you hire Spodek Law Group, we 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 feel that a violation has occurred. If that happens, they’ll will 100% issue another letter which specifically states their legal verdict to suspend or disqualify the retail store based on the alleged violations. Like before, you have 10 days to protest this decision. If you choose not to, then you’ll be unable to protest the USDA decision. After you hire our law firm, we file the necessary paperwork to notify them 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 legal laws, evidence, etc. which is needed to overturn the decision.
If the USDA refuses to override the legal decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal District Court. The Judicial Appeal is like a normal 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 grocery store retailer, there are many laws you have to adhere to for EBT. In most normal situations, many retail 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 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 fines. If it’s believed you did a serious violation, then you may end up with either a permanent or temporary disqualification. In most cases, store owners didn’t even know SNAP violations were even happening. Often, it’s dishonest employees who are misusing the SNAP program. If you’re accused of a SNAP violation to speak with a SNAP violation appeals lawyer to make sure you don’t have your benefits revoked.
When a SNAP violation letter is delivered to your grocery store, you have only 10 days to respond to the allegations. 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. Without legal experience, you won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers can fight the decision of the USDA and fight any decision. The penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose imposes huge fines to curb 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 in effect at the time the violations were filed.
The grocery store must has to 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 will also look to see if the retail store owners benefited in any way from the fraud, or were aware of the violation. If the managers were involved, it can lead to disqualification.
It’s highly recommended any owner that receives a allegation 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