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Bismarck Snap Violation Lawyers

If you accept EBT at your retail store, then may have been the recipient of a a letter from the USDA. The notification is most likely a SNAP violation letter, which is alleging you violated the SNAP program. The USDA will attach a number of pages to the SNAP violation notice, which will have records of transactions that occurred at your store that the USDA claims violates one or more categories of violations.

After you get a SNAP violation letter, you must speak to our our law firm. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the government will suspend your stores privilege to accept EBT payments.

About The SNAP Program

The SNAP program helps families with get food each month. The SNAP program benefits are distributed with an EBT card. The benefits on the card cannot be used for general use, and they cannot be used for fraudulent cash back transactions. The cards took the place of food stamps in the 1990’s and the card is issued in the state which the SNAP participant lives. The SNAP program is operated on a national level by the government.

The federal and it’s parameters are under handled by the US Code and the Code of Federal Regulations. The USDA FNS agency enforces the regulations and runs the program.

What does it mean to have a SNAP violation

SNAP legal violations occur when a grocery store violates any of the rules below.

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

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

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

The grocery store took money for more coupons than sale of actual food over 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 experience managing SNAP violation letters. Our law firm can handle your SNAP Violation appeal in all 3 phases of a SNAP violation action.

Sending the letter is the initial step which is going to be taken by USDA to remove your EBT license. This letter may come with no warning and can happen at any time. The violation letter will have allegations in it, but most of them will mention serious allegations, have evidence attached proving the violations. You have only 10 days to respond. After 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 violation letter, the USDA may still believe that your store has violated the rules. If that happens, they’ll will definitely send a second letter that specifically states the agencies legal verdict to suspend or disqualify the retail store based on the allegations set forth. Like before, you have ten days to appeal the decision. If you choose not to, you’ll be stuck with the USDA decision. After you hire our law firm, we file the appeal to notify the USDA we are going to appeal their decision. We’ll collect necessary evidence, and we will draft generate an appellate brief which contains all of the legal laws, evidence, etc. which is needed to fix the outcome.

If the USDA refuses to override the violation claim, in the Administrative Review, we’ll file a Judicial review at the local Federal 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 food store retailer, there’s a lot of rules and regulations you have to adhere to for EBT. In most normal situations, many retail store owners don’t run into problems. However, USDA’s SNAP program 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 purchase electronic goods. If, and when, 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 serious violation, then you might end up with a temporary or permanent disqualification. In most cases, owners of grocery stores didn’t know the violations are even occurring. In many situations, it’s dishonest employees are misusing the SNAP program. It’s helpful to discuss your case with a SNAP violation attorney to ensure sure you don’t have your benefits revoked.

When a SNAP violation letter is sent to your grocery store, you have only 10 days to respond to the allegations. Failure to respond to the allegations will permanently harm your store. If you don’t respond the USDA will deliver a verdict even though you choose not to respond to the allegations. Without legal experience, you cannot defend your store. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers can fight the decision of the USDA and appeal any penalties. The penalties imposed can be huge – 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 must be in writing at the store and in effect at the time the allegations were filed.

The store owner also be able to prove the compliance policy was in place before the charge, and wasn’t drafted after the violation was made. The USDA typically also looks to see if the 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 grocery store owner that receives a violation letter speak to 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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