How Spodek Law Group Can Help You with Your SNAP Violation Letter

If you are a licensed grocer and accept EBT, it’s important to know that a SNAP Violation Letter from the United States Department of Agriculture (USDA) can come at any moment. This letter will charge you with violating the Supplemental Nutrition Assistance Program (SNAP) regulations, and it may include stacks of pages that detail evidence of SNAP violations. If you don’t respond to this letter within ten days, the government may revoke your ability to accept EBT payments.

What Is the SNAP Program?

The SNAP program is a government program designed to provide participants with monetary food benefits every month. These benefits are disbursed through an Electronic Benefits Transfer (EBT) transaction card, which works like a traditional debit card. While the program appears to be governed uniquely in every state, it is administered on a national level by the United States Government and implemented individually by the state governments.

A SNAP Violation Occurs When…

An offense of SNAP benefits trafficking has been committed, which roughly refers to fraudulently accepting, or otherwise stealing the benefits. Also, if a store has accepted SNAP benefits as payment for non-food grocery items like alcohol, tobacco, or other goods that do not qualify under the program, it constitutes a violation. Further, if store staff members accept SNAP benefits from an unauthorized person who is not legally entitled to use the benefits, it is a violation. Additionally, if the store’s owner, manager or staff knowingly and intentionally falsified information on the store’s application to get licensed in the EBT benefits program, it is a violation. If the store’s total SNAP redemptions for a specified period of time exceeds its food sales over the same period, it is a violation. If anyone employed at the grocery store maintained a credit or a tab for a customer in exchange for EBT benefits, it is a violation. Finally, under certain circumstances, if the store has been disqualified from participation in the WIC program, then the USDA may disqualify it also from SNAP.

How We Defend Against a SNAP Violation Letter

We have the experience and expertise to handle all three phases of a SNAP Violation action. The first step is the SNAP Violation Letter. We will assume responsibility for all communications with the USDA, gather all relevant evidence, and draft a complete and accurate response to the USDA. The second step is the Administrative Appeal. In the event that the USDA maintains that a violation has occurred, we will file the required paperwork with the USDA to let their Administrative Review Agency know that we intend to appeal the decision. Our office will gather any additional evidence on your behalf that will strengthen your appeal, and we will draft the appellate brief with all of the evidence, case law, regulatory and federal code, and additional information that is appropriate to demonstrate that the initial decision was inaccurate. The final step is the Judicial Appeal, and we can handle your case, depending on what state your store is in.

How Spodek Law Group Can Help You Navigate a SNAP Violation Letter

As a licensed grocer accepting EBT, it’s essential to understand what a SNAP Violation Letter entails and what actions to take immediately after receiving one. The USDA sends this letter when it believes a participant has violated the regulations. It’s a serious matter that can result in the suspension or revocation of your EBT license, leaving you unable to accept SNAP payments.

At Spodek Law Group, our experienced attorneys can help you handle a SNAP Violation Letter. We have assisted many clients with a myriad of SNAP Violation Defense cases and have the expertise to guide you through all three phases of a SNAP Violation action.

Phase 1: The Charge Letter
Upon receiving a SNAP Violation Letter, the first step is to respond within ten days. This letter can contain any number of allegations, but the majority of them detail a series of factual allegations. After you retain one of our lawyers, our office assumes responsibility for all communications with the USDA, gathering all relevant evidence, and then drafting and dispatching a complete and accurate response to the USDA.

Phase 2: Administrative Appeal
In the event that the USDA maintains that a violation has occurred, they will send out a second letter outlining their decision to suspend or disqualify the store. You have only ten days to appeal this decision, and failure to respond can result in the store being stuck with the USDA’s decision. Once you hire us, we will file the required paperwork to appeal the decision, gather any additional evidence, and draft the appellate brief with all of the evidence, case law, regulatory and federal code, and additional information that is appropriate to demonstrate that the initial decision was inaccurate.

Phase 3: Judicial Appeal
If the USDA refuses to overturn the first decision in the Administrative Review, filing a Judicial Review in the local Federal District Court is the next step. Our lawyers have handled many of these cases in different states and can handle your case depending on what state your store is in.

It’s essential to understand that a SNAP Violation Letter is a serious matter, and you should not contact officials without the help of a lawyer. The USDA believes they have enough evidence to respond, and any conversation you have with them may be used against you if they believe you are admitting guilt.

At Spodek Law Group, we exhibit professionalism and a deep understanding of the law. We use emotionally charged words and personal anecdotes to share a story that relates to an emotional response. We combine sentences into larger paragraphs and use words that show we have the experience to handle the legal situation.

To navigate a SNAP Violation Letter successfully, call our offices at (813) 228-0658 for a free consultation. Our attorneys will use their expertise to help you handle the situation and ensure the best possible outcome for you and your store.

Understanding SNAP Violations and How to Defend Against Them

A SNAP Violation can occur when a licensed grocer violates any of the SNAP program’s rules. SNAP, short for Supplemental Nutrition Assistance Program, provides participants with a set value of monetary food benefits every month. These benefits are disbursed through an Electronic Benefits Transfer (EBT) transaction card that works similarly to a traditional debit card.

However, SNAP benefits on an EBT card are not intended for general use and spending, and they are not for use in cash-back services. The benefits are not allowed to be used for non-food grocery items like alcohol, tobacco, or other goods that do not qualify under the program.

If you receive a SNAP Violation Letter, it’s crucial to understand what the letter is charging you with. The letter may charge you with any number of violations of the Supplemental Nutrition Assistance Program. It may also attach a stack