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Milpitas Snap Violation Lawyers

If you’re a retailer who accepts EBT at your retail store, then may have been the recipient of a a letter from the USDA. The notice is probably a SNAP violation notice, which is claiming you are in violation of the SNAP program. The USDA will include proof to the SNAP violation notice, and it will have transactions that occurred at your grocery store which the USDA claims violates one or more categories 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 Program

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

The federal and it’s parameters 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 occur when a grocery store is in violation of the following rules.

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

The retail store accepted SNAP funds 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 have taken SNAP benefits from someone who isn’t allowed to use them.

How we can help defend you against a SNAP violation notice

Spodek Law Group has experience handling SNAP violation letters. Our team of attorneys can handle your SNAP violation process in all phases of a SNAP violation action.

Sending the violation letter is the first step taken by the USDA to remove your EBT license. The letter can come with, or without, prior warnings and can appear at any time. The violation letter contain details about alleged violations, but most letters will outline violations, have evidence attached proving the violations. Your response to the SNAP violation letter is due within 10 days. 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.

Once the USDA reviews your answer to the notice of violation, the USDA might still feel that a violation has occurred. If this happens, they’ll will 100% issue a second letter that specifically states their legal verdict to suspend or disqualify the grocery store based on the accusations previously mentioned. Like before, you have 10 days to protest the decision. If you choose not to, you’ll be unable to protest the USDA decision. After you hire our firm, we file the legal papers to notify the government we are going to appeal their decision. Our lawyers collect necessary evidence, and our team will draft an appellate brief containing all of the legal laws, legal evidence, etc. which is needed to fix the outcome.

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. 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 attorneys can handle these cases in all 50 states.

SNAP Violations

As a food store retailer, there are many laws have to obey in order to accept 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 limitations. For example, SNAP recipients cant get electronic goods. As a retailer, if you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can include fines and penalties. If you conduct a major SNAP violation, then you might end up with either a permanent or temporary disqualification. In most cases, store owners didn’t know SNAP violations were even occurring. Often, dishonest employees who are misusing the SNAP program. If you’re accused of a SNAP violation to speak with a SNAP violation appeals lawyer in order to make sure you don’t have your benefits revoked.

When a SNAP violation letter is presented to your retail store, you have only ten days to respond to the claims by the USDA. Your failure to respond to the violations will permanently harm your store. In addition, the USDA will deliver a verdict even if you choose not to respond to the allegations. Without legal experience, you cannot defend your store. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers will fight the findings of the USDA and fight any penalties. The fines imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully chooses to impose large fines to curb violations. The USDA will look to see if you have a store compliance policy in place. It has to be in writing at the store and the policy must be at the time 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 were aware of the violation. If the managers were involved, it can lead to disqualification.

It’s highly recommended any owner that gets 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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An awesome firm that truly cares about you. I thought I could handle the USDA on my own, but failed. Todd intervened and helped fix my mistakes.

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