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Albuquerque Snap Violation Lawyers

If you accept EBT at your grocery store, then it’s possible have gotten a notice from the USDA. The letter is most likely a SNAP violation letter, which is alleging you have violated the SNAP program. The USDA will attach a number of pages to the SNAP violation letter, which will contain transactions that happened at your store which the government claims violates one or more categories of violations.

After you get a SNAP violation letter, you should contact our legal team. Remember, you have only ten days to respond to the letter. If you choose to ignore, the USDA will suspend your stores ability to accept EBT payments.

About The SNAP Program

The SNAP program helps families with get food each month. These benefits are given via an EBT card. The SNAP benefits on the card aren’t for general use, and they cannot be used for cash back transactions. The EBT 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 SNAP program is run on a nationwide level by the government.

The federal and it’s parameters 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 happen when a retail store violates any of the rules below.

The grocery store was involved inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting the benefits, or stealing the benefits.

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

The store submitted incorrect info on the grocery stores application to accept EBT benefits.

The store took money for more coupons than food sales over the same period.

Your employees accepted SNAP benefits from someone who isn’t eligible to use the benefits.

Defending against a SNAP Violation Letter

Spodek Law Group has immense experience managing SNAP violations letters. We can handle your SNAP Violation appeal in all 3 phases of a SNAP violation action.

Sending the letter is the initial step taken by the USDA to take away your EBT license. The letter can come with no warning can come at any time. The SNAP violation letter has a variety of allegations, but most letters will outline serious allegations, and have attached documents detailing the violations. Your response to the SNAP violation letter is due within 10 days. Once you hire our law firm, we handle all of the communicationswith the USDA and for compiling all the necessary evidence, and drafting a response to the USDA.

After reviewing the store’s answer to the notice of violation, the USDA may still believe that a violation has occurred. If this happens, the USDA will 100% issue a second letter that specifically states the agencies decision to suspend or disqualify the grocery store based on the accusations previously mentioned. Like before, you have 10 days to protest this verdict. If you choose not to, then you’ll be unable to protest the USDA decision. Once you hire our lawyers, our team the legal papers and notify them appeal the decision. We’ll gather necessary evidence, and our team will draft an appellate brief containing all of the case law, evidence, etc. which is critical to overturn the decision.

If the USDA refuses to overturn the binding decision, in the Administrative Review, we will file a Judicial review at the local Federal District Court. This next phase is like a normal federal court 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 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, the SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, people getting SNAP benefits cant get electronic goods. If you violate the laws, you’ll probably 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 many situations, owners of grocery stores didn’t even know SNAP violations are even occurring. Often, it’s dishonest employees who are misusing the SNAP program. It’s helpful to speak with a SNAP violation lawyer to ensure sure you don’t have your benefits revoked.

When a SNAP violation letter is delivered to your grocery store, you only have 10 days to respond to the claims. Your failure to respond will permanently harm your store. In addition, the USDA will make a verdict even though 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 the ability to fight for your rights. Our SNAP appeals lawyers can discredit the findings of the USDA and fight any penalties. The financial penalties 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 and in effect when the allegations were filed.

The store owner must 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 in order to see if the grocery store owners benefited in any way from the fraud, or if the owners were aware of the fraud. If the management was involved it can lead to disqualification.

We highly recommend any 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.

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