If you accept EBT at your retail store, then it’s possible have been the recipient of a a letter from the USDA. This notice is most likely a SNAP violation letter, which is stating you violated the SNAP program. The government will include proof to the SNAP violation notice, which will contain transactions which happened at your store which the government claims violates one or more categories of violations.
After you get a SNAP violation notice, you should speak to our our law firm. Remember, you have only ten days to respond to the letter. If you don’t respond, the government will suspend your grocery store’s ability to accept EBT.
About The SNAP Program
This program helps families with get food each month. The SNAP program benefits are distributed with an EBT card. The benefits on the EBT card cannot legally be used for general use, and they cannot be used for fraudulent cash back services. The cards took the place of food stamps in the 1990’s and are issued in the state where the recipient lives. This program is run on a nationwide level by the federal government.
The federal and the benefits that come with it 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 does it mean to have a SNAP violation
SNAP legal violations occur if and when a grocery store violates any of the following rules.
The store took part inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting the benefits, or theft of the benefits.
The retail store accepted 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.
The store took money for more coupons than food sales at the same time.
Your employees accepted SNAP benefits from someone who isn’t allowed to use them.
How we can help defend you against a SNAP violation notice
Spodek Law Group has experience handling 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 first 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 can come at any time. The violation letter contain details about alleged violations, but most letters will detail serious allegations, have evidence attached proving the violations. Your response to the SNAP violation letter is due within 10 days. Once you hire our law firm, our lawyers 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 notice of violation, the USDA might still believe that a violation has occurred. If that happens, the USDA will definitely send 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 choose not to, then you’ll be unable to protest the USDA decision. After you hire our law firm, our team the appeal to notify the USDA we are going to appeal their decision. Our lawyers collect necessary evidence, and we will draft generate an appellate brief containing all of the legal laws, evidence, etc. which is critical to overturn the decision.
In the event the USDA refuses to overturn the decision, in the Administrative Review, we’ll file a Judicial review at the local Federal District Court. This next phase is like a normal court case, where you’ll have to do standard processes like 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 are many laws have to obey in order to accept EBT. In most normal situations, 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 limits on how the funds can be used. For example, SNAP recipients cant get electronic goods. As a retailer, if you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can result in fines, and penalties. If it’s believed you did a serious SNAP violation, then you may end up with either a permanent or temporary disqualification. In most cases, owners of grocery stores don’t know the violations were even happening. In many situations, it’s dishonest employees 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 presented to your grocery store, you only have ten days to respond to the claims. Your failure to respond will permanently crush your store. If you don’t respond the USDA will generate a verdict even though you don’t respond to the allegations. Without legal experience, you cannot defend your store. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers will challenge the findings of the USDA and fight any decision. The financial penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose chooses to impose large 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 and the policy must be when the allegations were filed.
The grocery store must has to 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 check if the grocery store owners benefited in any way from the fraud, or were aware of the violation. If the management was involved it can lead to disqualification.
It’s highly recommended any grocery store owner that gets 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