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If you’re a retailer who accepts EBT at your retail store, then it’s possible have been the recipient of a a official warning from the USDA. This notice is probably a SNAP violation notice, which is claiming you have violated the SNAP program. The government will attach a number of pages to the SNAP violation notice, and it will contain records of transactions which happened at your store which the government is saying is in violation of one or more genres of violations.

After you get a SNAP violation notice, you should speak to our our law firm. Remember, you have only ten days to respond to the letter. If you don’t respond, the USDA will terminate/suspend your stores ability to accept EBT payments.

About The SNAP Program

This program helps families with a certain amount of money each month. These benefits are distributed via an EBT card. The SNAP benefits on the EBT card are not for general use, and they cannot be used for cash back services. The EBT 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 program is run on a national level by the federal government.

The SNAP program and it’s parameters 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’s a SNAP Violation

Snap violations occur if and when a store is in violation of the following rules.

The grocery store took part inthe trafficking of SNAP benefits. This can mean fraudulently accepting taking the 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 incorrect info on the retail stores application to accept EBT benefits.

Your store redeemed more EBT food stamps than sale of actual food at the same time.

The employees of the store accepted SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.

How to defend your store against a SNAP violation

Spodek Law Group has experience handling SNAP violations letters. Our team of attorneys 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 take away your right to take EBT benefits. The letter can come with, or without, prior warnings and can appear at any time. The violation letter has a variety of allegations, but most letters will lay out serious allegations, with an attachment of details. You have only 10 days to respond. After you hire our law firm, our lawyers handle 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 feel that your store has violated the rules. If this happens, they’ll will issue another letter which outlines their decision to suspend or disqualify the retail store based on the allegations set forth. You have 10 days to appeal this. If you don’t, you’ll be stuck with the USDA decision. Once you hire our law firm, we file the appeal to notify them we are going to appeal their decision. We’ll collect necessary evidence, and our team will draft the necessary appeals briefs which contains all of the legal laws, legal evidence, etc. which is needed to fix the outcome.

If the USDA refuses to change the violation claim, in the Administrative Review, our lawyers will file a Judicial review at the local Federal Court. This next phase is like a normal case, where you’ll have to do standard processes like discovery, file motions, and have a trial. We can handle these cases in all 50 states.

SNAP Violations

As a food store retailer, there are many laws you have to adhere to for EBT. In most normal situations, many grocery store owners have no problems adhering to them. 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. If you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can result in severe fines. If it’s believed you did a major SNAP violation, then you may end up with either a permanent or temporary disqualification. In most cases, owners of grocery stores didn’t know the violations were even happening. In many situations, unethical employees who are misusing the SNAP program. If you’re accused of a SNAP violation to speak with a SNAP violation lawyer in order to ensure sure you don’t have your benefits revoked.

When a SNAP violation letter is delivered to your store, you only have ten 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. Without legal experience, you cannot defend your store. Retaining 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 financial penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully does 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 the policy must be at the time the allegations were filed.

The retailer also be able to prove the compliance policy was in existence before the allegations, and was not drafted after the violation letter. The USDA will also look to see if the owners benefited from the violations, or if the business owners were aware of the fraud. Any involvement of the management can lead to disqualification.

It’s highly recommended any store owner that gets 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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