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Davenport Snap Violation Lawyers

If you accept EBT at your retail store, then it’s possible have received a notice from the USDA. The notification is most likely a SNAP violation letter, which is stating you are in violation of the SNAP program. The government will attach a number of pages to the SNAP violation notice, and it will have transactions which occurred at your retail store that the USDA is saying is in violation of one or more genres 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 USDA will suspend your stores privilege to accept EBT.

About The SNAP Program

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

This government and it’s benefits are under handled by the United States 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 violations occur if and when a grocery store is in violation of the following rules.

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

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

The store submitted false information on your retail stores application to accept EBT benefits.

The grocery 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.

Defending against a SNAP Violation Letter

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

The charging letter is the initial step which is going to be taken by USDA to remove your right to take EBT benefits. The letter can come with, or without, prior warnings and can appear at any time. The charging letter has a variety of allegations, but most of them will mention violations, with an attachment of details. Your response to the SNAP violation letter is due within 10 days. After you hire Spodek Law Group, our lawyers 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 that happens, the USDA will issue a second letter which outlines their decision to suspend or disqualify the store based on the accusations previously mentioned. You have 10 days to appeal this. If you choose not to, you’ll be stuck with the USDA decision. After you hire our lawyers, we’ll file the necessary paperwork to notify the USDA appeal the decision. Our lawyers collect necessary evidence, and our team will generate an appellate brief which contains all of the legal laws, legal evidence, etc. which is necessary to overturn the decision.

If the USDA refuses to overturn the binding decision, in the Administrative Review, we’ll file a Judicial review at the local Federal 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 attorneys can handle these cases in all 50 states.

SNAP Violations

As a food store retailer, there’s a lot of rules and regulations have to obey in order to accept 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 limitations. For example, SNAP recipients cant get electronic goods. If you violate the laws, you’ll probably get a SNAP violation letter. Penalties of violating SNAP can result in fines, and penalties. If it’s believed you did a serious violation, then you may end up with either a permanent or temporary disqualification. In many situations, owners of grocery stores didn’t even know the violations were even occurring. Often, dishonest employees are misusing the SNAP program. If you’re accused of a SNAP violation to discuss your case with a SNAP violation attorney to make sure you don’t have your benefits revoked.

When a charge letter is sent to your retail store, you only have ten days to respond to the claims by the USDA. Failure to respond to the allegations will permanently crush your store. In addition, the USDA will generate a verdict even if 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 will discredit the decision of the USDA and fight any penalties. The fines imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose imposes large fines to in order to curb future violations. The USDA will typically look to see if you have a compliance policy in place. It has to be in writing at the store and in effect when the allegations were filed.

The grocery store also be able to prove the above mentioned policy was in existence before the allegations, and was not drafted after the violation letter. The USDA typically also looks in order to check if the grocery store owners benefited from the violations, or if the owners were aware of the fraud. Any involvement of the management can lead to disqualification.

It’s highly recommended any owner that gets a 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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