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Yorba Linda Snap Violation Lawyers

If you’re a retailer who accepts EBT at your retail store, then may have received a official warning from the USDA. The notification is probably a SNAP violation letter, which is claiming you are in violation of the SNAP program. The government will include proof to the SNAP violation notice, and it will have records of transactions which occurred at your grocery store which the USDA claims is in violation of one or more groups of violations.

The first thing after you get a SNAP violation letter, you should definitely 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 grocery store’s ability to accept EBT.

About The Program

The SNAP program helps families with get food each month. The SNAP program benefits are given via an EBT card. The funds on the EBT card cannot legally be used 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 are issued in the state where the recipient lives. The program is run on a national level by the federal government.

The SNAP program and it’s benefits 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 occur if and when a store is in violation of the rules below.

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

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

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

The store took money for more coupons than actual food sales at the same time.

Your employees took SNAP benefits from someone who isn’t allowed to use them.

Defending against a SNAP Violation Letter

Our law firm has experience handling SNAP violations letters. Our team of attorneys can handle your SNAP violation process in all 3 phases of a SNAP Violation action.

Sending the letter is the initial step taken by the USDA to remove your right to take EBT benefits. The letter can come with no warning and can happen at any time. The charging letter will contain allegations, but most of them will mention serious allegations, with an attachment of details. You have only 10 days to respond. Once 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 violation letter, the USDA might still believe that your store has violated the rules. If that happens, they’ll will definitely send a second letter that outlines the governments legal verdict to suspend or disqualify the grocery store based on the allegations set forth. You have 10 days to appeal this. If you don’t, then you’ll be unable to protest the USDA decision. Once you hire our law firm, our team the legal papers and notify the government we are going to appeal their decision. We’ll gather necessary evidence, and our team will draft the necessary appeals briefs containing all of the case law, legal evidence, etc. which is needed to fix the outcome.

In the event 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 court case, where you’ll have to do standard processes like discovery, file motions, and have a trial. Our lawyers 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 have no problems adhering to them. However, the SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, SNAP recipients cant purchase electronic goods. If you violate the laws, you’ll get a SNAP violation letter. Snap violation penalties can result in fines, and penalties. If it’s believed you did a major SNAP violation, then you might end up with either a permanent or temporary disqualification. In most cases, store owners don’t even know the violations were even occurring. In many situations, unethical employees who are misusing the SNAP EBT program. It’s helpful to consult with a SNAP violation lawyer in order to ensure sure you don’t have your benefits revoked.

When a SNAP violation letter is presented to your store, you only have ten days to respond to the violations. Failure to respond to the allegations 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 won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers will discredit the decision of the USDA and appeal any penalties. The penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully imposes large fines to curb violations. The USDA will look to see if you have a store compliance policy in place. The policy has to be in writing and in effect at the time the violations were filed.

The store owner also 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 check if the retail store owners benefited in any way from the fraud, or if the owners were aware of the fraud. Any involvement of the management can lead to disqualification.

It’s highly recommended any store that gets a allegation letter consult 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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