TEN DAYS TO ANSWER A CHARGE LETTER · 7 CFR 278.6(b)(1) · NO EXTENSIONS
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Plainfield 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’re a retailer who accepts EBT at your retail store, then may have received a notice from the USDA. This notice is probably a SNAP violation notice, which is alleging you have violated the SNAP program. The USDA will include proof to the SNAP violation notice, which will contain records of transactions which happened at your grocery store that the USDA is saying is in violation of one or more categories of violations.

After you get a SNAP violation notice, you should speak to our our law firm. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the government will terminate/suspend your stores privilege to accept EBT.

About The SNAP Program

This program helps families with a certain amount of money each month. These benefits are given with an EBT card. The SNAP benefits on this card aren’t for general use, and they can’t be used for fraudulent 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. This program is operated on a national level by the government.

The SNAP program and the benefits that come with it 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 does it mean to have a SNAP violation

Snap violations happen if and when a grocery store violates any of the rules below.

The grocery store is accused oftrafficking SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or stealing the benefits. Your grocery store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods. The store submitted incorrect information on the store’s application to accept EBT benefits. Your grocery store took money for more coupons than food sales at the same time. The employees of the store have taken SNAP benefits from someone who isn’t eligible to use the benefits.

How we can help defend you against a SNAP violation notice

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

The charging letter is the initial step which is going to be taken by USDA to remove your right to take EBT benefits. The letter can come with no warning and can appear at any time. The SNAP violation letter contain details about alleged violations, but most letters will mention serious allegations, and have attached documents detailing the violations. You have only 10 days to respond. 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.

After reviewing the store’s answer to the notice of violation, the USDA may still decide that your store has violated the rules. If that happens, the USDA will definitely send a second letter that specifically states the agencies decision to suspend or disqualify the store based on the accusations previously mentioned. Like before, you have 10 days to appeal the verdict. If you don’t, you’ll be stuck with the USDA decision. Once you hire our law firm, our team the legal papers and notify them we are going to appeal their decision. We’ll collect necessary evidence, and our team will draft the necessary appeals briefs containing all of the legal laws, evidence, etc. which is critical to overturn the decision.

If the USDA refuses to override the violation claim, in the Administrative Review, we’ll file a Judicial review at the local Federal District Court. The Judicial Appeal is like a normal federal court case, where you’ll have to do standard processes like discovery, file motions, and have a trial. We 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, SNAP 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 purchase electronic goods. If you violate the laws, you’ll get a SNAP violation letter. Penalties of violating SNAP can result in severe and business crushing penalties. If it’s believed you did a serious SNAP violation, then you may end up with a temporary or permanent disqualification. In most cases, owners of grocery stores don’t even know SNAP violations are even occurring. In many situations, dishonest employees who are misusing the SNAP program. It’s helpful to speak with a SNAP violation lawyer to make sure you don’t have your benefits revoked.

When a charge letter is delivered to your store, you only have 10 days to respond to the violations. Your failure to respond to the allegations will permanently harm your store. If you don’t respond the USDA will deliver 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 a fighting change. Our SNAP appeals lawyers will challenge the findings of the USDA and appeal any penalties. The penalties imposed can be huge - to the tune of ten’s of thousands of dollars. The USDA purposefully does 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 violations were filed.

The grocery store 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 grocery store 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 that gets a 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.
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
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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.
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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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