If you’re a retailer who accepts EBT at your retail store, then may have received a letter of warning from the USDA. This notice is probably a SNAP violation notice, which is claiming you have violated the SNAP program. The government will attach a number of pages to the SNAP violation letter, and it will contain records of transactions that occurred at your store which the USDA claims is in violation of one or more categories 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 privilege to take EBT.
About The Program
This program helps families with money each month. These benefits are distributed through an EBT card. The SNAP benefits on the card cannot legally be used for general usage, and they cannot be used for cash back transactions. The cards took over for food stamps in the 1990’s and the card is issued by each state individually which the SNAP participant lives. This program is run on a national level by the government.
The SNAP program 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 counts as a SNAP violation
Snap violations happen if and when a retail store is in violation of the following rules.
The grocery store was involved inthe trafficking of SNAP benefits. Examples of this is 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 information on the store’s application to accept EBT benefits.
Your grocery store redeemed more coupons than food sales during the same period.
The employees of the store have taken SNAP benefits from someone who isn’t eligible to use the benefits.
How we can help defend you against a SNAP violation notice
Spodek Law Group has immense experience handling SNAP violation letters. Our law firm can handle your SNAP Violation appeal in all phases of a SNAP violation action.
Sending the violation letter is the initial step which is going to be taken by USDA to remove your right to take EBT benefits. The letter can come with, or without, prior warnings can come at any time. The charging letter will contain allegations, but most letters will lay out serious allegations, have evidence attached proving 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.
After reviewing the store’s answer to the violation letter, the USDA may still believe that a violation has occurred. If this happens, the USDA will 100% issue a second letter that outlines the governments decision to suspend or disqualify the store based on the alleged violations. Like before, you have 10 days to protest the decision. If you don’t, you’ll be unable to protest the USDA decision. Once you hire our law firm, we’ll file the legal papers and notify the government appeal the decision. We’ll collect necessary evidence, and we will draft generate the necessary appeals briefs which contains all of the case law, legal evidence, etc. which is critical to fix the outcome.
In the event the USDA refuses to overturn the binding decision, in the Administrative Review, we will file a Judicial review at the local Federal District 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 attorneys can handle these cases in all 50 states.
SNAP Violations
As a food store retailer, there’s a lot of rules and regulations you have to adhere to for EBT. In most normal situations, many grocery store owners have no problems adhering to them. However, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant buy electronic goods. If, and when, you violate the laws, you’ll get a SNAP violation letter. Penalties of violating SNAP can result in severe fines. If it’s believed you did a major SNAP violation, then you might end up with either a permanent or temporary disqualification. In most cases, store owners don’t know SNAP violations were even happening. In many situations, unethical employees are misusing the SNAP EBT program. It’s helpful to discuss your case with a SNAP violation attorney in order to make sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your grocery store, you have only 10 days to respond to the claims by the USDA. Your failure to respond will permanently harm your store. In addition, the USDA will make 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 a fighting change. Our lawyers will discredit the decision of the USDA and fight any penalties. The penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully imposes large fines to curb violations. The USDA will look to see if you have a store compliance policy in place. It has to be in writing at the store and the policy must be at the time the violations were filed.
The store owner also be able to prove the above mentioned policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA will also look in order to check if the owners benefited in any way from the fraud, or if the business owners were aware of the fraud. Any involvement of the management can lead to disqualification.
It’s highly recommended any store that receives a allegation 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