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If you’re a retailer who accepts 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 are in violation of the SNAP program. The USDA will include proof to the SNAP violation letter, which will contain transactions which happened at your retail store that the USDA claims violates one or more genres of violations.
After you get a SNAP violation letter, you must contact our legal team. 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 SNAP Program
This program helps families with money each month. The SNAP program benefits are given through an EBT card. The SNAP benefits on the card cannot legally be used for general use, and they can’t be used for fraudulent cash back services. The cards took the place of food stamps in the 1990’s and are issued by each state individually where the recipient lives. The program is run on a nationwide level by the government.
This 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’s a SNAP Violation
SNAP legal violations occur if and when a grocery store is in violation of the rules below.
The grocery store took part inthe trafficking of SNAP benefits. This can mean fraudulently accepting the benefits, or theft of the benefits.
The grocery store accepted SNAP benefits 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.
Your grocery store took money for more coupons than food sales during the same period.
Your employees have taken SNAP benefits from someone who isn’t eligible to use the benefits.
Defending against a SNAP Violation Letter
Our law firm has immense experience managing SNAP violation letters. Our team of attorneys can handle your SNAP violation process in all phases of a SNAP action.
Sending the violation letter is the initial step taken by the USDA to take away your EBT license. This letter may come with no warning and can appear at any time. The violation letter has a variety of allegations, but most of them will detail violations, and have attached documents detailing the violations. You have only 10 days to respond. After you hire Spodek Law Group, we 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 believe that a violation has occurred. If this happens, they’ll will definitely send another letter that outlines the agencies decision to suspend or disqualify the retail store based on the accusations previously mentioned. Like before, you have 10 days to appeal the verdict. If you choose not to, you’ll be stuck with the USDA decision. After you hire our law firm, we file the necessary paperwork and notify the USDA we are going to appeal their decision. We’ll gather necessary evidence, and we will draft generate an appellate brief containing all of the legal laws, evidence, etc. which is needed to change the outcome of the violations.
If the USDA refuses to override the legal decision, in the Administrative Review, we’ll file a Judicial review at the local Federal 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 law firm can handle these cases in all 50 states.
As a food store retailer, there’s a lot of rules and regulations you have to adhere to for EBT. In most cases, many retail store owners don’t run into problems. However, the SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, people getting SNAP benefits cant get electronic goods. If you violate the laws, you should expect getting a SNAP violation letter. Penalties of violating SNAP can include fines and penalties. If you conduct a major violation, then you might end up with a temporary or permanent disqualification. In most cases, owners of grocery stores don’t even know the violations are even occurring. In many situations, it’s dishonest employees are misusing the SNAP program. It’s helpful to consult with a SNAP violation attorney in order to ensure sure you don’t have your benefits revoked.
When a charge letter is presented to your store, you have only 10 days to respond to the allegations. Failure to respond will permanently crush your store. In addition, the USDA will make a verdict even though you choose not to respond to the allegations. Without legal experience, you cannot defend your store. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers will fight the decision of the USDA and appeal any penalties. The financial penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully chooses to impose huge fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. It has to be in writing at the store and the policy must be when the violations were filed.
The retailer also be able to prove the compliance 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 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.
We highly recommend any store owner that receives a letter speak to with a SNAP violation attorney. Failure can result 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