If you’re a retailer who accepts EBT at your retail store, then may have gotten a letter of warning from the USDA. This notice is most likely a SNAP violation notice, which is alleging you violated the SNAP program. The USDA will attach a number of pages to the SNAP violation letter, which will have records of transactions which occurred at your retail store that the USDA claims is in violation of one or more groups of violations.
The first thing after you get a SNAP violation letter, you must contact our law firm. Remember, you have only ten days to respond to the letter. If you don’t respond, the government will terminate/suspend your stores privilege to accept EBT.
About The Program
This program helps families with money each month. These benefits are distributed to consumers via an EBT card. The SNAP benefits on this card are not for general usage, and they can’t be used for cash back services. The cards took over for food stamps in the 1990’s and are issued by each state individually where the recipient lives. The SNAP program is operated on a nationwide level by the government.
The federal 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’s a SNAP Violation
Snap violations happen when a retail store is in violation of the rules below.
The grocery store took part inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting the benefits, or theft of the benefits.
Your retail store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect information on your grocery stores application to accept EBT benefits.
Your store took money for more coupons than actual food sales at the same time.
Your employees took SNAP benefits from someone who shouldn’t be allowed to use the benefits.
How to defend your store against a SNAP violation
Spodek Law Group has immense experience handling SNAP appeals letters. We can handle your SNAP Violation appeal in all phases of a SNAP Violation action.
The charging letter is the first step which is going to be taken by USDA to take away your EBT license. The letter can come with, or without, prior warnings can come at any time. The SNAP violation letter will have allegations in it, but most letters will outline violations, have evidence attached proving the violations. You have only 10 days to respond. After you hire our law firm, our lawyers 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 violation letter, the USDA might still decide that a violation has occurred. If this happens, the USDA will definitely send another letter that outlines the agencies decision to suspend or disqualify the grocery store based on the accusations previously mentioned. Like before, you have 10 days to protest this decision. If you don’t, you’ll be stuck with the USDA decision. After you hire our law firm, our team the legal papers and notify the government appeal the decision. Our lawyers collect necessary evidence, and our team will generate the necessary appeals briefs which contains all of the case law, legal evidence, etc. which is needed to overturn the decision.
If the USDA refuses to override the legal decision, in the Administrative Review, we will file a Judicial review at the local Federal Court. This process is like a normal court case, where you’ll be able to do discovery, file motions, and have a trial. Our lawyers 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 cases, many grocery store owners don’t run into problems. However, USDA’s SNAP program 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 get electronic goods. As a retailer, if you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can include fines and penalties. If it’s believed you did a serious SNAP violation, then you might end up with either a permanent or temporary disqualification. In many situations, store owners didn’t know SNAP violations were even occurring. Often, dishonest employees are misusing the SNAP EBT program. If you’re accused of a SNAP violation to consult with a SNAP violation lawyer in order to make sure you don’t have your benefits revoked.
When a SNAP violation letter is sent to your retail store, you have only ten days to respond to the allegations. Failure to respond to the violations will permanently crush your store. In addition, the USDA will deliver a verdict even if you choose not to respond to the allegations. In the absence of a SNAP violation attorney, 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 can challenge the decision of the USDA and fight any penalties. The fines imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully imposes large fines to in order to curb future violations. The USDA will typically look to see if you have a compliance policy in place. It has to be in writing and the policy must be at the time the allegations were filed.
The store owner also 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 owners benefited from the violations, or were aware of the violation. If the management was involved it can lead to disqualification.
It’s highly recommended any owner that receives 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