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West Palm Beach Snap Violation Lawyers

If you accept EBT at your retail store, then may have received a letter of warning from the USDA. The notice is probably a SNAP violation letter, which is alleging you violated the SNAP program. The USDA will attach a number of pages to the SNAP violation notice, and it will have records of transactions that happened at your store which the USDA is saying is in violation of one or more groups of violations.

The first thing after you get a SNAP violation letter, you must contact our law firm. 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

The SNAP program provides families with funds to buy food each month. These benefits are distributed through an EBT card. The benefits on the EBT card cannot legally be used for general use, and they can’t be used for 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 consumer lives. This program is run on a nationwide level by the federal government.

The federal and the benefits that come with it are governed 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 violations occur when a grocery store is in violation of the following rules.

The store was involved inthe trafficking of SNAP benefits. This can mean fraudulently accepting taking the benefits, or stealing the benefits.

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

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

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

The employees of the store accepted SNAP benefits from someone who isn’t allowed to use them.

How to defend your store against a SNAP violation

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

The charging letter is the first step which is taken by the USDA USDA to remove your EBT license. The letter can come with no warning and can appear at any time. The charging letter has a variety of allegations, but most letters will lay out violations, have evidence attached proving the violations. Your response to the SNAP violation letter is due within 10 days. After 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.

Once the USDA reviews your answer to the violation letter, the USDA might still feel that your store has violated the rules. If this happens, the USDA will issue another letter which specifically states their decision to suspend or disqualify the grocery store based on the allegations set forth. Like before, you have 10 days to protest the verdict. If you choose not to, then you’ll be unable to protest the USDA decision. Once you hire our law firm, we file the necessary paperwork to notify the government we are going to appeal their decision. We’ll collect necessary evidence, and our team will generate 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 override the legal decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal Court. This next phase 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’s a lot of rules and regulations you have to adhere to for EBT. In most cases, many grocery 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 limits on how the funds can be used. For example, people getting SNAP benefits cant get electronic goods. If, and when, you violate the laws, you’ll probably get a SNAP violation letter. Penalties of violating SNAP can result in fines, and penalties. If you conduct a major SNAP violation, then you may end up with either a permanent or temporary disqualification. In many situations, owners of grocery stores don’t know the violations were even occurring. Often, unethical employees are misusing the SNAP EBT program. If you’re accused of a SNAP violation to consult with a SNAP violation attorney in order to ensure sure you don’t have your benefits revoked.

When a SNAP violation letter is presented to your grocery store, you only have ten days to respond to the claims by the USDA. Your failure to respond to the allegations will permanently harm your store. In addition, the USDA will generate a verdict even though 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 can fight the decision of the USDA and appeal any decision. The penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully imposes large fines to curb violations. The USDA look to see if you have a store compliance policy. The policy must 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 in any way from the fraud, or were aware of the violation. If the management was involved it can lead to disqualification.

It’s highly recommended any store owner that receives a allegation letter speak to with a SNAP violation attorney. Choosing not to respond 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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