If you accept EBT at your retail store, then it’s possible have received a letter from the USDA. This letter is probably a SNAP violation notice, which is alleging you have violated the SNAP program. The government will attach a number of pages to the SNAP violation notice, which will contain transactions which occurred at your grocery store which the government claims is in violation of one or more genres of violations.
The first thing 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 privilege to take EBT.
About The Program
This program provides families with get food each month. These benefits are distributed to consumers through an EBT card. The funds on the card aren’t for general usage, and they cannot be used for cash back transactions. The EBT cards took the place of food stamps in the 1990’s and the card is issued in the state where the consumer lives. The SNAP program is run on a national level by the government.
The government and it’s parameters 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 does it mean to have a SNAP violation
SNAP legal violations occur when a store is in violation of the following rules.
The retail store was involved inthe trafficking of SNAP benefits. This can mean fraudulently accepting taking the benefits, or theft of the benefits.
Your retail store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
The store submitted incorrect info on your retail stores application to accept EBT benefits.
The grocery store took money for more EBT food stamps than food sales over the same period.
The employees of the store have taken SNAP benefits from someone who isn’t allowed to use them.
How to defend your store against a SNAP violation
Spodek Law Group has immense experience managing SNAP violations letters. We can handle your SNAP Violation appeal in all 3 phases of a SNAP Violation action.
The charging letter is the first step which is going to be taken by USDA to remove your right to take EBT benefits. This comes with no warning and can happen at any time. The SNAP violation letter will have allegations in it, but most of them will mention violations, with an attachment of details. Your response to the SNAP violation letter is due within 10 days. After you hire our law firm, 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 decide that your store has violated the rules. If that happens, they’ll will 100% issue another letter which specifically states their legal verdict to suspend or disqualify the store based on the alleged violations. You have 10 days to appeal this. If you don’t, you’ll be stuck with the USDA decision. Once you hire our firm, our team the appeal to notify them appeal the decision. We’ll gather necessary evidence, and we will draft draft an appellate brief which contains all of the case law, legal evidence, etc. which is critical to fix the outcome.
If the USDA refuses to override the legal decision, in the Administrative Review, our lawyers 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 grocery store retailer, there’s a lot of rules and regulations have to obey in order to accept 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 limitations. For example, people getting SNAP benefits cant get electronic goods. If you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties 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 the violations are even occurring. In many situations, dishonest employees are misusing the SNAP EBT program. It’s helpful to speak with a SNAP violation appeals lawyer to ensure sure you don’t have your benefits revoked.
When a charge letter is sent to your retail store, you only have ten days to respond to the claims. Failure to respond to the allegations will permanently crush your store. If you don’t respond 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 lawyers will fight the decision of the USDA and appeal any decision. The financial penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully does large fines to curb violations. The USDA look to see if you have a store compliance policy. It has to be in writing and in effect at the time the allegations were filed.
The store owner also has to be able to prove the above mentioned policy was in place before the charge, 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 owner 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