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Harrisonburg Snap Violation Lawyers

If you’re a retailer who accepts EBT at your retail store, then may have received a official warning from the USDA. This notification is probably a SNAP violation notice, which is alleging you are in violation of the SNAP program. The USDA will include proof to the SNAP violation letter, which will contain records of transactions that happened at your grocery store that the government claims is in violation of one or more genres of violations.

The first thing after you get a SNAP violation notice, you must speak to our our legal team. It’s critical you understand, you only have 10 days to respond. If you choose to ignore, the USDA will terminate/suspend your stores ability to take EBT.

About The SNAP Program

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

The SNAP federal 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 counts as a SNAP violation

Snap violations occur when a grocery store violates any of the following rules.

The grocery store is accused oftrafficking SNAP benefits. Examples of this is fraudulently accepting benefits, or stealing the benefits.

The retail store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.

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

Your store took money for more coupons than actual food sales over the same period.

The employees of the store have taken SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.

How we can help defend you against a SNAP violation notice

Spodek Law Group has immense experience handling SNAP violations letters. Our team of attorneys can handle your SNAP violation process in all 3 phases of a SNAP violation action.

The charging letter is the initial step which is taken by the USDA USDA to remove your right to take EBT benefits. The letter can come with no warning and can appear at any time. The violation letter has a variety of allegations, but most of them will detail violations, have evidence attached proving the violations. You have only 10 days to respond. After you hire our law firm, 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 violation letter, the USDA might still decide that a violation has occurred. If this happens, they’ll will definitely send a second letter that outlines their decision to suspend or disqualify the store based on the allegations set forth. Like before, you have ten days to protest this decision. If you choose not to, you’ll be stuck with the USDA decision. Once you hire our lawyers, our team the legal papers to notify the USDA we are going to appeal their decision. We’ll collect necessary evidence, and we will draft draft an appellate brief which contains all of the case law, evidence, etc. which is necessary to fix the outcome.

If the USDA refuses to change the legal decision, in the Administrative Review, we’ll file a Judicial review at the local Federal District Court. This next phase 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 grocery store retailer, there are many laws you have to adhere to for EBT. In most normal situations, many retail store owners have no issues adhering to them. However, the SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, people getting SNAP benefits cant purchase electronic goods. If you violate the laws, you should expect getting a SNAP violation letter. Penalties of violating SNAP can result in fines, and penalties. If you conduct a major violation, then you might end up with a temporary or permanent disqualification. In most cases, owners of grocery stores don’t even know the violations were even happening. In many situations, it’s dishonest employees are misusing the SNAP EBT program. If you’re accused of a SNAP violation to consult with a SNAP violation attorney in order to make sure you don’t have your benefits revoked.

When a charge letter is sent to your retail store, you have only 10 days to respond to the violations. Failure to respond to the violations will permanently harm your store. In addition, the USDA will deliver a verdict even if 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. 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 financial penalties imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose does large fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. It must be in writing at the store and in effect at the time the violations were filed.

The store owner 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 typically also looks to see if the grocery store owners benefited from the violations, or if the owners were aware of the fraud. If the managers were involved, it can lead to disqualification.

It’s highly recommended any store that gets a violation 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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