If you’re a retailer who accepts EBT at your grocery store, then you might have received a letter from the USDA. This notification is probably a SNAP violation notice, which is claiming you violated the SNAP program. The government will attach a number of pages to the SNAP violation letter, and it will contain records of transactions which occurred at your grocery store which the government is saying is in violation of one or more categories of violations.
After you get a SNAP violation letter, you must 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 suspend your stores ability to accept EBT.
About The Program
This program provides families with funds to buy food each month. These benefits are distributed to consumers through an EBT card. The SNAP benefits on the card are not for general use, and they can’t be used for cash back transactions. The EBT cards took over for food stamps in the 1990’s and the card is issued by each state individually where the consumer lives. This program is run on a national level by the government.
The SNAP program and it’s benefits are governed 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 happen if and when a grocery store is in violation of the rules below.
The grocery store was involved intrafficking SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or theft of the benefits.
Your grocery store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.
Your store submitted incorrect information on your store’s application to accept EBT benefits.
Your grocery store took money for more EBT food stamps than food sales during the same period.
The employees of the store accepted SNAP benefits from someone who shouldn’t be allowed to use the benefits.
How to defend your store against a SNAP violation
Our law firm has experience managing SNAP violations letters. Our law firm can handle your SNAP violation process 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. This comes with no warning and can appear at any time. The violation letter will contain allegations, but most letters will outline serious allegations, and have attached documents detailing the violations. You have only 10 days to respond. Once you hire Spodek Law Group, 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 SNAP violation letter, the USDA may still believe that your store has violated the rules. If that happens, they’ll will 100% issue another letter which specifically states the agencies legal verdict to suspend or disqualify the retail store based on the allegations set forth. You have 10 days to appeal this. If you don’t, you’ll be unable to protest the USDA decision. After you hire our law firm, we file the appeal to notify the government appeal the decision. We’ll collect necessary evidence, and our team will generate the necessary appeals briefs containing all of the legal laws, evidence, etc. which is necessary to change the outcome of the violations.
In the event the USDA refuses to overturn the binding decision, in the Administrative Review, we will file a Judicial review at the local Federal District Court. The Judicial Appeal 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, people getting SNAP benefits cant purchase electronic goods. As a retailer, if you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can result in severe and business crushing 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, owners of grocery stores don’t know SNAP violations were even happening. In many situations, unethical employees who are misusing the SNAP 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 presented to your grocery store, you have only ten days to respond to the claims by the USDA. Failure to respond will permanently crush your store. If you don’t respond the USDA will make a verdict even if you don’t respond to the allegations. Without legal experience, you cannot defend your store. Retaining a SNAP violation lawyer gives you a fighting change. Our lawyers will 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 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 at the time the violations were filed.
The retailer must be able to prove the above mentioned policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA will also look in order to check if the owners benefited from the violations, or if the business owners were aware of the fraud. If the management was involved it can lead to disqualification.
We highly recommend any store owner that receives a violation 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