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Gainesville Snap Violation Lawyers

If you’re a retailer who accepts EBT at your retail store, then you might have been the recipient of a a notice from the USDA. The notification is probably a SNAP violation letter, which is alleging you have violated the SNAP program. The government will include proof to the SNAP violation notice, and it will have transactions which happened at your store that the USDA claims violates one or more groups 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 don’t respond, the government will terminate/suspend your stores ability to take EBT.

About The SNAP Program

The SNAP program provides families with money each month. The SNAP program benefits are distributed via an EBT card. The SNAP benefits on the card are not for general usage, and they cannot be used for fraudulent cash back services. The cards took over for food stamps in the 1990’s and the card is issued by each state individually where the consumer lives. The program is operated on a national level by the government.

This program and it’s parameters are under handled by the United States 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 violations happen if and when a grocery store violates any of the following rules.

The grocery store took part intrafficking SNAP benefits. Examples of this is fraudulently accepting the benefits, or theft of the benefits.

Your grocery store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.

The store submitted false information on your store’s application to accept EBT benefits.

Your grocery store took money for more EBT food stamps than sale of actual food during the same period.

Your employees accepted 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 handling SNAP violation letters. Our law firm can handle your SNAP violation process in all phases of a SNAP Violation action.

Sending the letter is the first step which is going to be taken by USDA to take away your right to take EBT benefits. This comes with no warning and can happen at any time. The violation letter will contain allegations, but most of them will mention serious allegations, have evidence attached proving the violations. Your response to the SNAP violation letter is due within 10 days. After you hire Spodek Law Group, 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 may still feel that your store has violated the rules. If this happens, the USDA will definitely send a second letter that outlines their decision to suspend or disqualify the retail store based on the accusations previously mentioned. You have 10 days to appeal this. If you choose not to, you’ll be unable to protest the USDA decision. After you hire our lawyers, we file the necessary paperwork to notify the USDA appeal the decision. We’ll gather necessary evidence, and our team will generate an appellate brief which contains all of the legal laws, legal evidence, etc. which is needed to change the outcome of the violations.

If the USDA refuses to overturn the binding decision, in the Administrative Review, we’ll 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 food store retailer, there are many laws you have to adhere to for EBT. In most cases, many grocery store owners don’t run into problems. However, the SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, people getting SNAP benefits cant purchase electronic goods. If you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can include fines and 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 even know SNAP violations were even happening. Often, dishonest employees who are misusing the SNAP program. If you’re accused of a SNAP violation to speak with a SNAP violation attorney in order to make sure you don’t have your benefits revoked.

When a SNAP violation letter is sent to your grocery store, you only have ten days to respond to the claims. Your failure to respond to the violations will permanently harm your store. If you don’t respond the USDA will make a verdict even if you choose not to respond to the allegations. In the absence of a SNAP violation attorney, you cannot defend your store. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers will challenge the decision of the USDA and appeal any decision. The penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose chooses to impose large fines to in order to curb future violations. The USDA look to see if you have a store compliance policy. The policy must be in writing at the store and in effect when the violations were filed.

The grocery store must has to be able to prove the compliance policy was in place before the charge, and wasn’t drafted after the violation was made. The USDA will also look in order to see if the retail store owners benefited from the violations, 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 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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