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Santa Clara Snap Violation Lawyers

If you’re a retailer who accepts EBT at your retail store, then may have gotten a letter from the USDA. This notification is most likely 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 have records of transactions that occurred at your grocery store which the USDA 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. Remember, you have only ten days to respond to the letter. If you don’t respond, the government will terminate/suspend your stores ability to accept EBT payments.

About The SNAP Program

This program helps families with money each month. These benefits are given through an EBT card. The SNAP benefits on the EBT card cannot be used for general usage, and they cannot be used for cash back services. The EBT cards took over for food stamps in the 1990’s and are issued by each state individually which the SNAP participant lives. The program is run on a nationwide level by the federal government.

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

What’s a SNAP Violation

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

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

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

Your store submitted false info on your store’s application to accept EBT benefits.

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

The employees of the store took SNAP benefits from someone who isn’t eligible to use the benefits.

Defending against a SNAP Violation Letter

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

Sending the letter is the initial step taken by the USDA to remove your EBT license. The letter can come with, or without, prior warnings and can happen at any time. The SNAP violation letter will contain allegations, but most letters will mention violations, and have attached documents detailing the violations. You have only 10 days to respond. Once you hire our law firm, 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 violation letter, the USDA may still believe that a violation has occurred. If this happens, they’ll will 100% issue a second letter that outlines the governments legal verdict to suspend or disqualify the grocery store based on the alleged violations. You have 10 days to appeal this. If you choose not to, then you’ll be unable to protest the USDA decision. Once you hire our law firm, we’ll file the necessary paperwork to notify the government appeal the decision. We’ll gather necessary evidence, and we will draft draft the necessary appeals briefs which contains all of the legal laws, legal evidence, etc. which is critical to overturn the decision.

In the event the USDA refuses to change the legal decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal Court. The Judicial Appeal is like a normal case, where you’ll have to do standard processes like discovery, file motions, and have a trial. Our law firm can handle these cases in all 50 states.

SNAP Violations

As a grocery store retailer, there’s a lot of rules and regulations you have to adhere to for EBT. In most cases, many grocery store owners have no issues adhering to them. However, the SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, people getting SNAP benefits cant buy electronic goods. 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 violation, then you may end up with either a permanent or temporary disqualification. In many situations, owners of grocery stores didn’t even know the violations were even occurring. In many situations, it’s dishonest employees are misusing the SNAP program. It’s helpful to consult with a SNAP violation appeals lawyer to ensure sure you don’t have your benefits revoked.

When a charge letter is presented to your grocery store, you only have 10 days to respond to the allegations. Failure to respond to the allegations will permanently crush your store. In addition, the USDA will deliver a verdict even though you don’t respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. 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 be huge – 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. It has to be in writing and the policy must be at the time the allegations were filed.

The grocery store also be able to prove the compliance policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA typically also looks to see if the retail store owners benefited from the violations, or if the owners were aware of the fraud. If the management was involved it can lead to disqualification.

It’s highly recommended any grocery store owner that receives a 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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