If you accept EBT at your retail store, then may have received a official warning from the USDA. The notification is probably a SNAP violation letter, which is alleging you have violated the SNAP program. The government will attach a number of pages to the SNAP violation notice, and it will contain transactions that occurred at your store that the USDA is saying is in violation of one or more genres of violations.
After you get a SNAP violation notice, you should speak to our 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 accept EBT payments.
About The SNAP Program
This program provides families with a certain amount of money each month. The SNAP program benefits are distributed through an EBT card. The SNAP 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 recipient lives. The SNAP program is run on a nationwide level by the government.
The SNAP government and it’s parameters 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’s a SNAP Violation
Snap violations happen if and when a store violates any of the following rules.
The retail store took part intrafficking SNAP benefits. This can mean fraudulently accepting benefits, or theft of the benefits.
Your grocery store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect information on your store’s application to accept EBT benefits.
The store took money for more EBT food stamps than sale of actual food during the same period.
The employees of the store accepted SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
Defending against a SNAP Violation Letter
Spodek Law Group has experience managing SNAP violation letters. We can handle your SNAP Violation appeal in all phases of a SNAP Violation action.
Sending the violation letter is the first step which is taken by the USDA USDA to take away your EBT license. The letter can come with no warning can come at any time. The violation letter has a variety of allegations, but most letters will outline violations, and have attached documents detailing the violations. Your response to the SNAP violation letter is due within 10 days. 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 might still feel that your store has violated the rules. If this happens, they’ll will definitely send a second letter that outlines their legal verdict to suspend or disqualify the store based on the accusations previously mentioned. You have 10 days to appeal this. If you choose not to, then you’ll be unable to protest the USDA decision. Once you hire our lawyers, we’ll file the appeal and notify the USDA we are going to appeal their decision. We’ll collect necessary evidence, and we will draft draft an appellate brief which contains all of the case law, legal evidence, etc. which is critical 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 District 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. We can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there’s a lot of rules and regulations have to obey in order to accept EBT. In most normal situations, many retail store owners have no problems adhering to them. However, the SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant purchase electronic goods. If, and when, 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 serious violation, then you may end up with a temporary or permanent disqualification. In most cases, owners of grocery stores don’t even know SNAP violations are even occurring. 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 in order 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 claims by the USDA. Your 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 choose not to respond to the allegations. Without legal experience, you cannot defend your store. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers can fight the findings of the USDA and appeal any penalties. The penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose imposes large fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. The policy has to be in writing at the store and in effect when the allegations were filed.
The grocery store also 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 in order to see if the owners benefited from the violations, or if the business 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 letter consult 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