Albany Snap Violation Lawyers

If you accept EBT at your retail store, then you might have received a letter from the USDA. The notification is most likely a SNAP violation letter, which is alleging you are in violation of the SNAP program. The government will include proof to the SNAP violation notice, which will contain records of transactions that occurred at your retail store that the USDA is saying is in violation of one or more categories of violations.

After you get a SNAP violation letter, 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 terminate/suspend your stores privilege to accept EBT.

About The Program

This program provides families with money each month. The SNAP program benefits are distributed to consumers through an EBT card. The benefits on the EBT card are not for general use, and they cannot be used for cash back services. The EBT cards took over for food stamps in the 1990’s and the card is issued by each state individually where the recipient lives. The SNAP program is operated on a nationwide level by the government.

The SNAP government 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 retail store violates any of the following rules.

The store took part intrafficking SNAP benefits. This can mean fraudulently accepting the benefits, or stealing the benefits.

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

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

The store took money for more EBT food stamps than actual food sales during the same period.

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

How we can help defend you against a SNAP violation notice

Our law firm has experience managing SNAP violation letters. We can handle your SNAP violation process in all 3 phases of a SNAP violation action.

The charging letter is the initial step taken by the USDA to remove your right to take EBT benefits. This comes with no warning and can happen at any time. The violation letter has a variety of allegations, but most letters will mention violations, with an attachment of details. Your response to the SNAP violation letter is due within 10 days. 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 decide that a violation has occurred. If that happens, they’ll will 100% issue a second letter which outlines their decision to suspend or disqualify the retail store based on the alleged violations. You have 10 days to appeal this. If you choose not to, then you’ll be stuck with the USDA decision. Once you hire our law firm, we’ll file the appeal to notify them we are going to appeal their decision. Our lawyers 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 overturn the decision.

If the USDA refuses to overturn the violation claim, in the Administrative Review, we will file a Judicial review at the local Federal District Court. This process is like a normal federal 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 grocery store retailer, there are many laws which you have to adhere to for EBT. In most cases, many grocery 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 buy electronic goods. As a retailer, if you violate the laws, you’ll probably get a SNAP violation letter. Penalties of violating SNAP can include fines and penalties. If it’s believed you did a serious violation, then you may end up with a temporary or permanent disqualification. In most cases, owners of grocery stores 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 to ensure sure you don’t have your benefits revoked.

When a charge letter is delivered to your grocery store, you only have 10 days to respond to the claims. Failure to respond to the allegations will permanently harm your store. In addition, the USDA will make a verdict even if you choose not to respond to the allegations. In the absence of a SNAP violation attorney, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers can challenge the findings of the USDA and fight any penalties. The penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully imposes large fines to in order to curb future violations. The USDA will look to see if you have a store compliance policy in place. It has to be in writing and in effect when the violations were filed.

The grocery store 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 will also look to check if the owners benefited in any way from the fraud, or if the owners were aware of the fraud. If the managers were involved, it can lead to disqualification.

We highly recommend any grocery store owner that gets a violation 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.