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Overland Park Snap Violation Lawyers

If you accept EBT at your retail store, then you might have gotten a letter of warning from the USDA. This letter is most likely a SNAP violation notice, which is alleging you violated the SNAP program. The USDA will include proof to the SNAP violation notice, which will contain transactions which occurred at your grocery store which the government claims violates one or more genres of violations.

The first thing after you get a SNAP violation letter, you should speak to our our law firm. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the USDA will suspend your stores ability to accept EBT.

About The SNAP Program

This program provides families with money each month. These benefits are distributed to consumers through an EBT card. The benefits on the card aren’t for general use, and they can’t be used for fraudulent cash back transactions. The EBT cards took over for food stamps in the 1990’s and the card is issued by each state individually which the SNAP participant lives. This program is operated on a nationwide level by the government.

This government and it’s benefits are governed by the United States 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 happen when a store violates any of the following rules.

The grocery store was involved intrafficking SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or stealing the benefits.

Your grocery store took 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.

The grocery store took money for more EBT food stamps than actual food sales during the same period.

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

How we can help defend you against a SNAP violation notice

Spodek Law Group has immense experience managing SNAP violation letters. We can handle your SNAP violation process in all 3 phases of a SNAP violation action.

Sending the violation letter is the first step taken by the USDA to remove your EBT license. This letter may come with, or without, prior warnings and can appear at any time. The violation letter will contain allegations, but most letters will outline violations, and have attached documents detailing the violations. Your response to the SNAP violation letter is due within 10 days. Once you hire our law firm, our lawyers handle 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 feel that a violation has occurred. If this happens, they’ll will issue another letter which outlines the agencies legal verdict to suspend or disqualify the grocery store based on the alleged violations. You have 10 days to appeal this. If you don’t, then you’ll be stuck with the USDA decision. After you hire our law firm, we’ll file the legal papers to notify the government we are going to appeal their decision. Our lawyers collect necessary evidence, and we will draft draft an appellate brief which contains all of the legal laws, legal evidence, etc. which is critical to fix the outcome.

If the USDA refuses to overturn the binding decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal District Court. This process is like a normal 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 food store retailer, there’s a lot of rules and regulations you have to adhere to for EBT. In most normal situations, many retail store owners don’t run into problems. However, SNAP 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 purchase electronic goods. As a retailer, if you violate the laws, you’ll get a SNAP violation letter. Snap violation penalties can result in severe fines. If you conduct a serious SNAP violation, then you might end up with a temporary or permanent disqualification. In most cases, store owners didn’t even know SNAP violations are even occurring. Often, unethical employees who are misusing the SNAP EBT program. It’s helpful to discuss your case with a SNAP violation lawyer in order to make sure you don’t have your benefits revoked.

When a charge letter is delivered to your store, you have only ten days to respond to the claims by the USDA. Your failure to respond to the violations will permanently crush your store. If you don’t respond the USDA will make a verdict even though you choose not to respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers will challenge the findings of the USDA and appeal any penalties. The penalties imposed can be huge – 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 look to see if you have a store compliance policy. The policy has to be in writing at the store and the policy must be when the violations 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 will also look in order to see if the retail store owners benefited from the violations, or if the business owners were aware of the fraud. If the managers were involved, it can lead to disqualification.

We highly recommend any owner that receives a violation 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.

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