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Dubuque Snap Violation Lawyers

If you accept EBT at your retail store, then it’s possible have received a official notice from the USDA. This notice is most likely a SNAP violation notice, which is stating you violated the SNAP program. The government will include proof to the SNAP violation letter, and it will contain records of transactions which occurred at your store that the USDA claims violates one or more groups of violations.

After you get a SNAP violation notice, you should definitely contact our legal team. Remember, you have only ten days to respond to the letter. If you choose to ignore, the government will terminate/suspend your grocery store’s ability to accept EBT payments.

About The SNAP Program

This program helps families with money each month. These benefits are distributed through an EBT card. The SNAP benefits on the EBT card cannot be used for general usage, and they can’t be used for cash back services. The cards took over for food stamps in the 1990’s and the card is issued in the state where the consumer lives. The SNAP program is operated on a nationwide 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 occur when a store violates any of the following rules.

The grocery store is accused ofthe trafficking of SNAP benefits. This can mean 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.

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

Your grocery store redeemed more EBT food stamps than food sales over the same period.

The employees of the store took SNAP benefits from someone who isn’t allowed to use them.

Defending against a SNAP Violation Letter

Spodek Law Group has experience handling SNAP violations letters. Our law firm can handle your SNAP violation process in all phases of a SNAP violation action.

Sending the letter is the first step which is taken by the USDA USDA to take away your right to take EBT benefits. This letter may come with, or without, prior warnings and can happen at any time. The SNAP violation letter will contain allegations, but most letters will outline serious allegations, and have attached documents detailing the violations. Your response to the SNAP violation letter is due within 10 days. Once you hire Spodek Law Group, our lawyers take into their hands 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 notice of violation, the USDA may still decide that a violation has occurred. If this happens, they’ll will issue a second letter that outlines the agencies decision to suspend or disqualify the store based on the allegations set forth. You have 10 days to appeal this. If you choose not to, then you’ll be unable to protest the USDA decision. After you hire our firm, we file the appeal to notify them we are going to appeal their decision. Our lawyers gather necessary evidence, and we will draft generate an appellate brief which contains all of the case law, evidence, etc. which is needed to fix the outcome.

In the event the USDA refuses to overturn the decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal District Court. This process is like a normal 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 food store retailer, there’s a lot of rules and regulations which you have to adhere to for EBT. In most normal situations, many grocery 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 buy electronic goods. If, and when, you violate the laws, you’ll probably get a SNAP violation letter. Snap violation penalties can result in severe and business crushing penalties. If it’s believed you did a major violation, then you might end up with either a permanent or temporary disqualification. In many situations, store owners don’t know the violations are even happening. In many situations, it’s dishonest employees are misusing the SNAP program. If you’re accused of a SNAP violation to discuss your case with a SNAP violation appeals lawyer in order to make sure you don’t have your benefits revoked.

When a SNAP violation letter is sent to your grocery store, you only have 10 days to respond to the claims. Failure to respond to the violations will permanently crush your store. If you don’t respond the USDA will make a verdict even if you don’t 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 can discredit the findings of the USDA and appeal any decision. The financial penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully imposes huge fines to curb violations. The USDA will look to see if you have a store compliance policy in place. The policy has to be in writing at the store and the policy must be when the violations were filed.

The store owner must has to be able to prove the compliance policy was in existence before the allegations, and wasn’t drafted after the violation was made. The USDA will also look in order to see if the owners benefited in any way from the fraud, or were aware of the violation. If the management was involved it can lead to disqualification.

We highly recommend 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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