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El Monte Snap Violation Lawyers

If you accept EBT at your grocery store, then you might have been the recipient of a a official notice from the USDA. This notice is probably a SNAP violation letter, which is claiming you are in violation of the SNAP program. The USDA will attach a number of pages to the SNAP violation notice, which will have records of transactions that occurred at your grocery store that the government claims violates one or more genres of violations.

The first thing after you get a SNAP violation letter, you should definitely contact our legal team. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the government will terminate/suspend your stores privilege to accept EBT payments.

About The Program

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

The program and it’s benefits 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 legal violations happen if and when a grocery store is in violation of the following rules.

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

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

The store submitted false information on the store’s application to accept EBT benefits.

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

Your employees took SNAP benefits from someone who isn’t allowed to use them.

How to defend your store against a SNAP violation

Spodek Law Group has experience managing SNAP violations letters. Our law firm can handle your SNAP violation process in all 3 phases of a SNAP action.

Sending the letter is the initial step which is taken by the USDA USDA to remove your right to take EBT benefits. This letter may come with, or without, prior warnings can come at any time. The SNAP violation letter will have allegations in it, but most letters will detail violations, have evidence attached proving 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.

Once the USDA reviews your answer to the notice of violation, the USDA may still feel that a violation has occurred. If that happens, the USDA will issue a second letter that outlines the agencies decision to suspend or disqualify the retail store based on the alleged violations. You have 10 days to appeal this. If you don’t, you’ll be stuck with the USDA decision. After you hire our law firm, we file the necessary paperwork and notify the government appeal the decision. We’ll gather necessary evidence, and we will draft draft the necessary appeals briefs containing all of the legal laws, legal evidence, etc. which is needed to overturn the decision.

In the event the USDA refuses to overturn the binding 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 court case, where you’ll be able to do discovery, file motions, and have a trial. We can handle these cases in all 50 states.

SNAP Violations

As a grocery 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, the SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limits on how the funds can be used. For example, people getting SNAP benefits cant get 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 you conduct a major violation, then you might end up with either a permanent or temporary disqualification. In most cases, store owners didn’t know the violations were even occurring. In many situations, it’s dishonest employees who are misusing the SNAP program. It’s helpful to discuss your case with a SNAP violation appeals lawyer to make sure you don’t have your benefits revoked.

When a SNAP violation letter is sent to your grocery store, you have only 10 days to respond to the allegations. Failure to respond to the allegations will permanently harm your store. If you don’t respond the USDA will generate a verdict even though you don’t respond to the allegations. Without legal experience, you won’t be able to retain EBT benefits. Hiring 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 decision. The fines imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA purposefully does large fines to curb violations. The USDA look to see if you have a store compliance policy. It has to be in writing and the policy must be at the time the violations were filed.

The retailer also be able to prove the above mentioned policy was in place before the charge, and was not drafted after the violation letter. The USDA will also look to check if the owners benefited from the violations, or if the business owners were aware of the fraud. If the management was involved it can lead to disqualification.

We highly recommend 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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