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Gaithersburg Snap Violation Lawyers

If you accept EBT at your retail store, then you might have received a letter from the USDA. The notification is probably a SNAP violation letter, which is stating you are in violation of the SNAP program. The government will attach a number of pages to the SNAP violation notice, and it will contain transactions that happened at your grocery store that the government claims is in violation of one or more genres of violations.

The first thing after you get a SNAP violation notice, you should contact our law firm. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the USDA will suspend your stores privilege to take EBT.

About The SNAP Program

This program helps families with funds to buy food each month. These benefits are distributed to consumers via an EBT card. The funds on the card cannot be used for general use, and they cannot be used for fraudulent cash back services. The EBT cards took the place of food stamps in the 1990’s and are issued in the state where the consumer lives. This program is operated on a national level by the government.

The program and the benefits that come with it 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’s a SNAP Violation

SNAP legal violations happen when a grocery store violates any of the following rules.

The grocery store is accused oftrafficking SNAP benefits. Examples of this is fraudulently accepting benefits, or stealing the benefits.

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

The store submitted false info on your grocery stores application to accept EBT benefits.

The grocery store redeemed more coupons than actual food sales during the same period.

Your employees took SNAP benefits from someone who shouldn’t be allowed to use the benefits.

Defending against a SNAP Violation Letter

Spodek Law Group has immense experience handling SNAP violations letters. Our law firm can handle your SNAP violation process in all phases of a SNAP Violation action.

The charging letter is the first step which is going to be taken by USDA to take away your EBT license. This letter may come with, or without, prior warnings can come at any time. The charging letter has a variety of allegations, but most of them will outline serious allegations, have evidence attached proving the violations. You have only 10 days to respond. 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 SNAP violation letter, the USDA might still believe that your store has violated the rules. If this happens, the USDA will issue a second letter which outlines the agencies decision to suspend or disqualify the store based on the accusations previously mentioned. You have 10 days to appeal this. If you choose not to, then you’ll be unable to protest the USDA decision. After you hire our lawyers, we’ll file the legal papers to notify them we are going to appeal their decision. Our lawyers gather necessary evidence, and we will draft generate an appellate brief containing all of the case law, evidence, etc. which is necessary to change the outcome of the violations.

In the event the USDA refuses to change the decision, in the Administrative Review, we will file a Judicial review at the local Federal District Court. The Judicial Appeal is like a normal case, where you’ll be able to do discovery, file motions, and have a trial. We can handle these cases in all 50 states.

SNAP Violations

As a grocery store retailer, there’s a lot of rules and regulations which you have to adhere to for EBT. In most cases, many retail store owners don’t run into problems. However, SNAP can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limits on how the funds can be used. For example, SNAP recipients cant get electronic goods. If you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can result in fines, and penalties. If you conduct a major violation, then you may end up with a temporary or permanent disqualification. In many situations, store owners didn’t even know SNAP violations were even occurring. Often, unethical employees who are misusing the SNAP program. If you’re accused of a SNAP violation to speak with a SNAP violation attorney to ensure sure you don’t have your benefits revoked.

When a charge letter is presented to your retail store, you have only ten days to respond to the claims by the USDA. Failure to respond to the violations will permanently crush your store. In addition, the USDA will deliver a verdict even though you don’t respond to the allegations. In the absence of a SNAP violation attorney, you won’t be able to retain EBT benefits. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers can discredit the findings of the USDA and fight any decision. The penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose chooses to impose huge fines to curb violations. The USDA will look to see if you have a store compliance policy in place. The policy must be in writing and in effect when the violations were filed.

The retailer also be able to prove the above mentioned 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 if the owners were aware of the fraud. Any involvement of the management can lead to disqualification.

We highly recommend any grocery store owner that receives a 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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