TEN DAYS TO ANSWER A CHARGE LETTER · 7 CFR 278.6(b)(1) · NO EXTENSIONS
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Eugene Snap Violation Lawyers

FROM THE ARCHIVE SPODEK LAW GROUP P.C. · PUBLISHED · UPDATED
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10
DAYS FROM RECEIPT
7 CFR 278.6(b)(1)
FNS doesn’t grant extensions. In a trafficking case the civil money penalty request has to be inside that filing or 278.6(b)(2)(iii) forecloses it permanently.
WHO IS DEFENDING YOUR STORE
If you’re reading this, USDA is threatening your store and you need serious help - we get it. Spodek Law Group P.C. is second generation, practicing since 1976, and dramatized in Netflix’s Inventing Anna. We owe loyalty to only you.
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We owe loyalty to only you.

When you’re looking online, you have multiple options. There are so many firms advertising SNAP defense. Thankfully, your search is over. Spodek Law Group P.C. offers premier white-glove service and we’re unafraid of fighting. Unlike firms that are more focused on their relationship with the agency than with you, we owe loyalty to only YOU. Your store, your family, your license.

One reason our firm has such a high success rate is that we’re selective about who we work with. If we’re choosing to work with you, it’s because we think we can make a positive impact. That’s vastly different from firms that take on any client willing to pay. When you reach out, you start with a risk-free consultation - and you can ask us anything you want, regardless of how long it takes.

If there’s a way to keep your store in the program, we’ll find it. That’s the whole job.

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If you accept EBT at your retail store, then may have been the recipient of a a letter of warning from the USDA. This notice is probably a SNAP violation notice, which is alleging you have violated the SNAP program. The government will attach a number of pages to the SNAP violation notice, which will contain transactions that occurred at your store that the USDA claims violates one or more genres of violations.

After you get a SNAP violation notice, you should definitely speak to our our legal team. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the USDA will suspend your grocery store’s ability to take EBT.

About The SNAP Program

This program provides families with a certain amount of money each month. These benefits are given through an EBT card. The SNAP benefits on the card aren’t for general usage, and they cannot be used for cash back transactions. The EBT cards took over for food stamps in the 1990’s and the card is issued in the state where the consumer lives. The program is run on a nationwide level by the government.

The SNAP program and the benefits that come with it are governed by the US 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 happen if and when a grocery store is in violation of the rules below.

The store took part intrafficking SNAP benefits. This can mean fraudulently accepting benefits, or stealing the benefits. The grocery store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods. The store submitted incorrect info on the store’s application to accept EBT benefits. Your grocery store redeemed more EBT food stamps than actual food sales during the same period. Your employees took SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.

How to defend your store against a SNAP violation

Our law firm has experience managing SNAP violations letters. Our team of attorneys can handle your SNAP Violation appeal in all 3 phases of a SNAP action.

Sending the letter is the first step which is going to be taken by USDA to take away your EBT license. The letter can come with, or without, prior warnings and can happen at any time. The charging letter will have allegations in it, but most of them will mention serious allegations, have evidence attached proving the violations. Your response to the SNAP violation letter is due within 10 days. Once 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.

Once the USDA reviews your answer to the notice of violation, the USDA may still believe that a violation has occurred. If that happens, the USDA will 100% issue another letter that specifically states the governments legal verdict to suspend or disqualify the store based on the allegations set forth. Like before, you have ten days to appeal the verdict. If you choose not to, then you’ll be stuck with the USDA decision. After you hire our lawyers, our team the necessary paperwork and notify them we are going to appeal their decision. Our lawyers gather necessary evidence, and we will draft draft an appellate brief which contains all of the case law, evidence, etc. which is critical to change the outcome of the violations.

In the event the USDA refuses to overturn the legal decision, in the Administrative Review, we’ll file a Judicial review at the local Federal District 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 lawyers can handle these cases in all 50 states.

SNAP Violations

As a food store retailer, there are many laws which you have to adhere to for EBT. In most normal situations, many grocery store owners have no issues adhering to them. 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, and when, you violate the laws, you’ll get a SNAP violation letter. Snap violation penalties can result in fines, and penalties. If it’s believed you did a major SNAP violation, then you might end up with either a permanent or temporary disqualification. In most cases, store owners don’t know the violations were even occurring. In many situations, dishonest employees are misusing the SNAP EBT program. If you’re accused of a SNAP violation to consult with a SNAP violation appeals lawyer to make sure you don’t have your benefits revoked.

When a charge letter is delivered to your retail store, you have only ten days to respond to the claims by the USDA. Failure to respond to the violations will permanently harm your store. If you don’t respond the USDA will make a verdict even though you choose not to respond to the allegations. In the absence of a SNAP violation attorney, you won’t be able to retain EBT benefits. Hiring a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers will discredit the decision of the USDA and appeal any penalties. The fines imposed can expensive - to the tune of ten’s of thousands of dollars. The USDA purposefully does huge fines to curb violations. The USDA will look to see if you have a store compliance policy in place. It must be in writing at the store and the policy must be when the allegations were filed.

The retailer also has to 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 see if the grocery store owners benefited in any way from the fraud, or if the owners were aware of the fraud. Any involvement of the management can lead to disqualification.

It’s highly recommended any store that receives a allegation 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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Spodek Law Group - the team
SPODEK LAW GROUP P.C. · NEW YORK
Todd Spodek
Todd Spodek
MANAGING PARTNER
Ralph Franco
Ralph Franco
SPODEK LAW GROUP P.C.
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Jeremy Feigenbaum
SPODEK LAW GROUP P.C.
Claire Banks
Claire Banks
SPODEK LAW GROUP P.C.
Alex Zhik
Alex Zhik
SPODEK LAW GROUP P.C.
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WHAT HAPPENS NEXT
Today. A lawyer reads the letter and fixes your real deadline from the receipt date. You’ll know where you stand before we hang up.
Day one. If trafficking is charged, the written penalty request goes in immediately.
Days two to nine. Invoices, register data, inventory and the compliance file get assembled.
Before day ten. The response is filed, transaction by transaction, with exhibits.
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THE RULES BEHIND THIS ANSWER
Ten days from receipt. No extensions, for any reason. The CMP request must be in that first filing. A clerk’s conduct is attributed to the store. Unanswered transactions read as conceded. Ten more days to seek review after a determination.
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