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Frankfort Snap Violation Lawyers

If you accept EBT at your grocery store, then it’s possible have received a letter from the USDA. This letter is probably a SNAP violation notice, which is stating you have violated the SNAP program. The government will attach a number of pages to the SNAP violation letter, which will have records of transactions that occurred at your retail store that the government is saying is in violation of one or more genres of violations.

After you get a SNAP violation letter, you should definitely speak to our our legal team. Remember, you have only ten days to respond to the letter. If you don’t respond, the USDA will suspend your stores privilege to accept EBT.

About The Program

This program provides families with funds to buy food each month. The SNAP program benefits are distributed via an EBT card. The SNAP benefits on this card cannot legally be used for general usage, and they cannot be used for fraudulent 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 recipient lives. The program is run on a nationwide level by the federal government.

The government and it’s parameters are governed by the US Code and the Code of Federal Regulations. The USDA FNS agency enforces the regulations and runs the program.

What counts as a SNAP violation

SNAP legal violations happen if and when a grocery store is in violation of the rules below.

The retail store is accused oftrafficking SNAP benefits. This can mean fraudulently accepting taking the benefits, or theft of the benefits.

The retail store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.

Your store submitted incorrect information on your grocery stores application to accept EBT benefits.

Your grocery store took money for more coupons than food sales during the same period.

Your employees took SNAP benefits from someone who shouldn’t be allowed to use the benefits.

How to defend your store against a SNAP violation

Spodek Law Group has experience managing SNAP appeals letters. Our law firm can handle your SNAP violation process in all 3 phases of a SNAP Violation action.

Sending the letter is the initial step which is going to be taken by USDA to remove your EBT license. This comes with no warning can come at any time. The SNAP violation letter will have allegations in it, but most letters will detail violations, have evidence attached proving the violations. You have only 10 days to respond. After 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.

After reviewing the store’s answer to the SNAP violation letter, the USDA might still decide that a violation has occurred. If this happens, the USDA will issue a second letter which specifically states the governments legal verdict to suspend or disqualify the store based on the alleged violations. Like before, you have ten days to protest the decision. If you choose not to, you’ll be stuck with the USDA decision. After you hire our law firm, we’ll file the necessary paperwork to notify the USDA we are going to appeal their decision. We’ll gather necessary evidence, and our team will generate the necessary appeals briefs containing all of the legal laws, legal evidence, etc. which is critical to fix the outcome.

If the USDA refuses to change the binding decision, in the Administrative Review, we’ll file a Judicial review at the local Federal Court. This next phase is like a normal case, where you’ll have to do standard processes like discovery, file motions, and have a trial. Our lawyers can handle these cases in all 50 states.

SNAP Violations

As a grocery store retailer, there’s a lot of rules and regulations which you have to adhere to for EBT. In most cases, many retail store owners have no problems adhering to them. However, USDA’s SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant buy electronic goods. If, and when, you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can result in severe fines. If it’s believed you did a major SNAP violation, then you might end up with a temporary or permanent disqualification. In most cases, owners of grocery stores didn’t know SNAP violations were even occurring. In many situations, unethical employees are misusing the SNAP program. If you’re accused of a SNAP violation to consult with a SNAP violation appeals lawyer in order to ensure sure you don’t have your benefits revoked.

When a SNAP violation letter is delivered to your retail store, you only have ten days to respond to the claims by the USDA. Failure to respond to the allegations will permanently crush your store. In addition, the USDA will generate a verdict even if you don’t respond to the allegations. In the absence of a SNAP violation attorney, you cannot defend your store. Hiring a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers can fight the findings of the USDA and fight any penalties. The penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully chooses to impose huge fines to curb violations. The USDA look to see if you have a store compliance policy. It must be in writing and in effect when the allegations were filed.

The retailer also has to be able to prove the above mentioned policy was in place before the charge, and wasn’t drafted after the violation was made. The USDA will also look to see 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 gets a letter consult 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.

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