If you’re a retailer who accepts EBT at your grocery store, then you might have been the recipient of a a letter from the USDA. The letter is probably a SNAP violation notice, which is stating you have violated the SNAP program. The government will attach a number of pages to the SNAP violation notice, which will have records of transactions which occurred at your retail store that the government is saying is in violation of one or more categories of violations.
After you get a SNAP violation letter, you must contact our law firm. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the USDA will terminate/suspend your stores ability to take EBT.
About The Program
This program helps families with money each month. These benefits are given with an EBT card. The benefits on the EBT card cannot be used for general usage, and they cannot be used for fraudulent cash back services. The cards took over for food stamps in the 1990’s and the card is issued by each state individually where the recipient lives. The SNAP program is run on a nationwide level by the government.
The program and it’s parameters are governed by the US 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 legal violations happen if and when a grocery store violates any of the rules below.
The retail store was involved inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or theft of the benefits.
The grocery store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false info on your retail stores application to accept EBT benefits.
The grocery store redeemed more EBT food stamps than sale of actual food over the same period.
Your employees have taken SNAP benefits from someone who shouldn’t be allowed to use the benefits.
Defending against a SNAP Violation Letter
Our law firm has immense experience handling SNAP violation letters. We can handle your SNAP violation process in all phases of a SNAP action.
The charging letter is the first step which is going to be taken by USDA to remove your EBT license. This letter may come with, or without, prior warnings can come at any time. The SNAP violation letter will have allegations in it, but most of them will outline serious allegations, with an attachment of details. You have only 10 days to respond. After 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.
Once the USDA reviews your answer to the SNAP violation letter, the USDA might still feel that your store has violated the rules. If this happens, they’ll will definitely send another letter that outlines their decision to suspend or disqualify the retail store based on the alleged violations. Like before, you have ten days to appeal the verdict. If you choose not to, you’ll be stuck with the USDA decision. After you hire our lawyers, we file the legal papers to notify the USDA appeal the decision. We’ll collect necessary evidence, and we will draft generate the necessary appeals briefs which contains all of the legal laws, legal evidence, etc. which is critical to overturn the decision.
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 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 grocery 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, SNAP 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 buy electronic goods. If you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can result in severe fines. If it’s believed you did a major violation, then you may end up with a temporary or permanent disqualification. In most cases, owners of grocery stores don’t know the violations are even happening. In many situations, it’s dishonest employees who are misusing the SNAP EBT program. If you’re accused of a SNAP violation to speak with a SNAP violation attorney in order to ensure sure you don’t have your benefits revoked.
When a charge letter is delivered to your store, you only have ten days to respond to the allegations. Your failure to respond to the violations will permanently crush your store. If you don’t respond the USDA will generate a verdict even if you choose not to respond to the allegations. In the absence of a SNAP violation attorney, you cannot defend your store. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers will discredit the findings of the USDA and appeal any penalties. The penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose 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. The policy must be in writing at the store and in effect when the allegations were filed.
The retailer also 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 to check if the grocery store owners benefited in any way from the fraud, or if the owners were aware of the fraud. If the managers were involved, it can lead to disqualification.
We highly recommend any store 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