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Davis Snap Violation Lawyers

If you’re a retailer who accepts EBT at your retail store, then it’s possible have received a official notice from the USDA. This notice is probably a SNAP violation letter, which is stating you are in violation of the SNAP program. The USDA will include proof to the SNAP violation letter, which will have records of transactions that occurred at your store that the government claims is in violation of one or more categories 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 government will terminate/suspend your grocery store’s ability to accept EBT.

About The Program

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

This government 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 happen when a store is in violation of the rules below.

The retail store took part intrafficking SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or stealing the benefits.

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

The employees of the store accepted SNAP benefits from someone who isn’t eligible to use the benefits.

Defending against a SNAP Violation Letter

Our law firm has experience managing SNAP appeals letters. We can handle your SNAP Violation appeal in all phases of a SNAP Violation action.

The charging letter is the first step taken by the USDA to remove your right to take EBT benefits. This letter may come with no warning and can happen at any time. The SNAP violation letter will contain allegations, but most letters will detail violations, with an attachment of details. 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 SNAP violation letter, the USDA might still decide that your store has violated the rules. If this happens, they’ll will 100% issue a second letter which specifically states the agencies legal verdict to suspend or disqualify the retail store based on the accusations previously mentioned. You have 10 days to appeal this. If you don’t, then you’ll be unable to protest the USDA decision. After you hire our firm, we’ll file the appeal to notify the government appeal the decision. Our lawyers collect necessary evidence, and our team will generate an appellate brief containing all of the case law, evidence, etc. which is needed to overturn the decision.

In the event the USDA refuses to override the decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal District Court. This next phase is like a normal case, where you’ll be able to do discovery, file motions, and have a trial. Our attorneys 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 normal situations, many grocery 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, SNAP recipients cant buy electronic goods. If you violate the laws, you’ll probably get a SNAP violation letter. Penalties of violating SNAP can result in severe and business crushing penalties. If you conduct a serious SNAP violation, then you may end up with either a permanent or temporary disqualification. In many situations, store owners didn’t even know SNAP violations were even happening. In many situations, dishonest employees who are misusing the SNAP program. It’s helpful to consult with a SNAP violation appeals lawyer in order to make sure you don’t have your benefits revoked.

When a charge letter is presented to your retail store, you have only ten days to respond to the violations. Failure to respond to the violations will permanently crush 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. Retaining a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers will challenge the findings of the USDA and fight any penalties. The fines imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully chooses to impose huge fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. The policy has to be in writing and the policy must be when the allegations were filed.

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

We highly recommend any owner that gets a violation letter speak to with a SNAP violation attorney. Failure can result 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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