If you accept EBT at your grocery store, then may have gotten a letter of warning from the USDA. This notification is most likely 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, and it will have transactions that happened at your grocery store that the USDA claims violates one or more groups of violations.
After you get a SNAP violation notice, you should speak to our our legal team. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the government will terminate/suspend your stores privilege to accept EBT payments.
About The SNAP Program
The SNAP program helps families with funds to buy food each month. The SNAP program benefits are distributed to consumers through an EBT card. The benefits on the EBT card aren’t for general use, and they can’t be used for cash back services. The EBT cards took the place of food stamps in the 1990’s and are issued in the state which the SNAP participant lives. The SNAP program is run on a nationwide level by the federal government.
The SNAP program and the benefits that come with it are governed by the US 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 occur when a retail store is in violation of the rules below.
The store was involved intrafficking SNAP benefits. Examples of this is fraudulently accepting benefits, or theft of the benefits.
The retail store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted false info on the grocery stores application to accept EBT benefits.
Your grocery store redeemed more coupons than actual food sales over the same period.
Your employees have taken SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.
Defending against a SNAP Violation Letter
Spodek Law Group has experience managing SNAP appeals letters. We can handle your SNAP violation process in all phases of a SNAP Violation action.
Sending the violation letter is the initial step which is going to be taken by USDA to take away your right to take EBT benefits. This comes with, or without, prior warnings and can appear at any time. The charging letter will have allegations in it, but most letters will detail serious allegations, and have attached documents detailing the violations. You have only 10 days to respond. Once 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 notice of violation, the USDA may still decide that a violation has occurred. If that happens, the USDA will 100% issue another letter which outlines their decision to suspend or disqualify the retail store based on the alleged violations. You have 10 days to appeal this. If you choose not to, you’ll be unable to protest the USDA decision. Once you hire our lawyers, our team the necessary paperwork to notify the USDA we are going to appeal their decision. We’ll collect necessary evidence, and our team will generate an appellate brief containing all of the case law, legal evidence, etc. which is needed to overturn the decision.
If the USDA refuses to override the violation claim, 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 have to do standard processes like discovery, file motions, and have a trial. Our law firm 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 cases, many grocery store owners have no problems adhering to them. However, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant purchase electronic goods. If, and when, you violate the laws, you’ll probably get 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 a temporary or permanent disqualification. In most cases, store owners don’t know SNAP violations are even occurring. In many situations, it’s dishonest employees who are misusing the SNAP EBT program. It’s helpful to discuss your case with a SNAP violation appeals lawyer in order to make sure you don’t have your benefits revoked.
When a SNAP violation letter is delivered to your retail store, you have only ten days to respond to the violations. Failure to respond to the allegations 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. Retaining a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers can discredit the decision of the USDA and fight any penalties. The financial penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose chooses to impose huge 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 at the store and the policy must be when the allegations were filed.
The grocery store also be able to prove the compliance policy was in place before the charge, and was not drafted after the violation letter. The USDA typically also looks to check if the owners benefited from the violations, or were aware of the violation. Any involvement of the management can lead to disqualification.
We highly recommend any owner that gets a allegation 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