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Bozeman Snap Violation Lawyers

If you accept EBT at your grocery store, then you might have been the recipient of a a official warning from the USDA. The letter is most likely a SNAP violation notice, which is stating you are in violation of the SNAP program. The government will attach a number of pages to the SNAP violation letter, which will have records of transactions that happened at your grocery store that the government is saying violates one or more groups of violations.

The first thing after you get a SNAP violation letter, you should contact our law firm. Remember, you have only ten days to respond to the letter. If you don’t respond, the USDA will suspend your stores ability to take EBT.

About The Program

The SNAP program provides families with money each month. These benefits are given via an EBT card. The funds on this card aren’t for general use, and they can’t be used for fraudulent cash back services. The EBT cards took the place of food stamps in the 1990’s and the card is issued in the state where the consumer lives. This program is operated on a national level by the federal government.

The federal and the benefits that come with it are governed 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 legal violations happen when a grocery store violates any of the rules below.

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

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

Your store submitted false information on the grocery stores application to accept EBT benefits.

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

The employees of the store have taken SNAP benefits from someone who shouldn’t be allowed to use the benefits.

Defending against a SNAP Violation Letter

Spodek Law Group has experience handling SNAP appeals letters. We can handle your SNAP Violation appeal in all phases of a SNAP action.

Sending the violation letter is the first step which is going to be taken by USDA to remove your EBT license. The letter can come with no warning and can happen at any time. The charging letter contain details about alleged violations, but most of them will lay out serious allegations, and have attached documents detailing the violations. Your response to the SNAP violation letter is due within 10 days. After you hire our law firm, 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.

After reviewing the store’s answer to the violation letter, the USDA might still believe that a violation has occurred. If this happens, the USDA will definitely send a second letter which specifically states the agencies legal verdict to suspend or disqualify the store based on the accusations previously mentioned. Like before, you have 10 days to protest the decision. If you don’t, you’ll be unable to protest the USDA decision. Once you hire our lawyers, we file the necessary paperwork to notify them we are going to appeal their decision. Our lawyers collect necessary evidence, and we will draft generate an appellate brief containing all of the case law, legal evidence, etc. which is necessary to overturn the decision.

In the event the USDA refuses to change the decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal Court. This next phase is like a normal federal court case, where you’ll have to do standard processes like discovery, file motions, and have a trial. Our law firm can handle these cases in all 50 states.

SNAP Violations

As a grocery store retailer, there’s a lot of rules and regulations 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 purchase electronic goods. If you violate the laws, you’ll get a SNAP violation letter. Snap violation penalties can include fines and penalties. If it’s believed you did a major violation, then you may end up with either a permanent or temporary disqualification. In most cases, owners of grocery stores didn’t even know the violations are even happening. In many situations, dishonest employees are misusing the SNAP EBT 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 retail store, you have only 10 days to respond to the claims by the USDA. Your failure to respond to the allegations will permanently crush your store. In addition, the USDA will deliver a verdict even though you don’t respond to the allegations. Without legal experience, you cannot defend your store. Hiring a SNAP violation lawyer gives you a fighting change. Our lawyers can discredit the decision 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 on purpose does 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 the policy must be at the time the violations were filed.

The store owner also has to 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 in order 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 owner that receives a allegation 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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