TEN DAYS TO ANSWER A CHARGE LETTER · 7 CFR 278.6(b)(1) · NO EXTENSIONS
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Idaho Falls 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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THE FIRM · WHY US

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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We’re transparent about what this costs. There are no surprises, and we’re committed to fighting for your case irrespective of your ability to pay.
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IN BRIEF
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PUBLISHED 2017
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If you’re a retailer who accepts EBT at your grocery store, then may have been the recipient of a a letter from the USDA. This notification is probably a SNAP violation notice, which is alleging you violated the SNAP program. The government will include proof to the SNAP violation notice, which will have records of transactions that happened at your store that the government claims is in violation of one or more categories of violations.

After you get a SNAP violation notice, you should speak to our our legal team. Remember, you have only ten days to respond to the letter. If you choose to ignore, the government will suspend your stores ability to accept EBT payments.

About The SNAP Program

This program helps families with get food each month. The SNAP program benefits are given through an EBT card. The SNAP benefits on the EBT card are not for general use, and they can’t be used for cash back transactions. The EBT cards took the place of food stamps in the 1990’s and are issued in the state which the SNAP participant lives. The program is run on a national level by the government.

The SNAP federal and the benefits that come with it are under handled by the US 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 retail store violates any of the rules below.

The grocery store is accused oftrafficking SNAP benefits. This can mean fraudulently accepting benefits, or stealing the benefits. The grocery store accepted SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods. The store submitted incorrect information on the grocery stores 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 someone who isn’t allowed to use them.

How to defend your store against a SNAP violation

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

The charging letter is the first step which is going to be taken by USDA to take away your right to take EBT benefits. The letter can come with no warning can come at any time. The SNAP violation letter will contain allegations, but most of them will mention serious allegations, and have attached documents detailing the violations. Your response to the SNAP violation letter is due within 10 days. After 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 SNAP violation letter, the USDA might still decide that your store has violated the rules. If that happens, the USDA will definitely send another letter that outlines the governments legal verdict to suspend or disqualify the retail store based on the allegations set forth. You have 10 days to appeal this. If you don’t, you’ll be unable to protest the USDA decision. Once you hire our lawyers, we file the appeal and notify the USDA we are going to appeal their decision. Our lawyers collect necessary evidence, and we will draft draft an appellate brief which contains all of the legal laws, evidence, etc. which is needed to fix the outcome.

In the event the USDA refuses to override the decision, in the Administrative Review, we’ll file a Judicial review at the local Federal Court. This process is like a normal federal court case, where you’ll be able to do 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 are many laws have to obey in order to accept 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 limits on how the funds can be used. For example, people getting SNAP benefits 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 most cases, store owners didn’t even know SNAP violations are even occurring. In many situations, unethical employees who are misusing the SNAP EBT program. It’s helpful to speak with a SNAP violation appeals lawyer in order to ensure sure you don’t have your benefits revoked.

When a charge letter is presented to your grocery store, you only have 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 if you choose not to respond to the allegations. In the absence of a SNAP violation attorney, you cannot defend your store. Retaining a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers can fight 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 purposefully chooses to impose huge fines to in order to curb future 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 at the time the allegations were filed.

The grocery store also has to be able to prove the above mentioned policy was in place before the charge, and wasn’t drafted after the violation was made. The USDA typically also looks to see if the owners benefited from the violations, or if the business owners were aware of the fraud. Any involvement of the management can lead to disqualification.

It’s highly recommended any store owner that receives a letter consult 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.
Jeremy Feigenbaum
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 ASK

Read us the first line of the letter. We’ll tell you what day you’re on.

Bring the envelope, the attachment, and your invoices if you have them. If you don’t have them, bring the letter. The consultation is risk-free, it stays between us, and it happens today - ask us anything, regardless of how long it takes.

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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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