If you accept EBT at your grocery store, then you might have received a notice from the USDA. The letter is most likely a SNAP violation notice, which is alleging you have violated the SNAP program. The USDA will attach a number of pages to the SNAP violation letter, which will have transactions that occurred at your retail store which the government is saying violates one or more groups of violations.
The first thing after you get a SNAP violation letter, you should definitely contact our law firm. 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 take EBT.
About The SNAP Program
This program provides families with get food each month. These benefits are given through an EBT card. The SNAP benefits on the card aren’t for general usage, and they cannot be used for cash back transactions. The EBT cards took over for food stamps in the 1990’s and are issued by each state individually where the recipient lives. The program is run on a national level by the federal government.
The SNAP program and the benefits that come with it are governed by the United States 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 when a retail store violates any of the rules below.
The retail store is accused ofthe trafficking of SNAP benefits. This can mean fraudulently accepting benefits, or stealing the benefits.
Your retail store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted false information on the retail stores application to accept EBT benefits.
The grocery store took money for more coupons than actual food sales over the same period.
Your employees took SNAP benefits from someone who isn’t eligible to use the benefits.
How to defend your store against a SNAP violation
Our law firm has experience handling SNAP violation letters. Our team of attorneys can handle your SNAP violation process in all phases of a SNAP violation action.
Sending the letter is the initial step which is taken by the USDA USDA to take away your right to take EBT benefits. The letter can come with, or without, prior warnings and can appear at any time. The SNAP violation letter has a variety of allegations, but most letters will mention 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.
Once the USDA reviews your answer to the violation letter, the USDA might still decide that your store has violated the rules. If that happens, they’ll will 100% issue another letter that outlines the governments decision to suspend or disqualify the store based on the allegations set forth. You have 10 days to appeal this. If you don’t, you’ll be unable to protest the USDA decision. After you hire our firm, we’ll file the legal papers to notify the government we are going to appeal their decision. We’ll gather necessary evidence, and we will draft draft the necessary appeals briefs containing all of the legal laws, legal evidence, etc. which is necessary to fix the outcome.
In the event the USDA refuses to overturn the violation claim, in the Administrative Review, we will file a Judicial review at the local Federal District Court. This process is like a normal federal court case, where you’ll have to do standard processes like 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 which you have to adhere to for EBT. In most normal situations, many grocery store owners have no issues 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 you violate the laws, you’ll get a SNAP violation letter. Penalties of violating SNAP can result in severe fines. If you conduct a serious SNAP violation, then you might end up with a temporary or permanent disqualification. In many situations, store owners didn’t even know SNAP violations were even occurring. In many situations, dishonest employees who are misusing the SNAP 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 charge letter is delivered to your retail store, you only have 10 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 choose not to 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 SNAP appeals lawyers will fight the findings of the USDA and appeal any decision. The fines imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose does huge fines to curb violations. The USDA will look to see if you have a store compliance policy in place. The policy has to be in writing at the store and the policy must be when the violations were filed.
The store owner must has to be able to prove the above mentioned policy was in existence before the allegations, and was not drafted after the violation letter. The USDA typically also looks in order to check if the retail store owners benefited from the violations, or if the business owners were aware of the fraud. If the management was involved it can lead to disqualification.
It’s highly recommended any owner that gets a violation 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