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Pomona Snap Violation Lawyers

If you’re a retailer who accepts EBT at your grocery store, then you might have received a notice from the USDA. The letter is probably a SNAP violation notice, which is stating you have violated the SNAP program. The USDA will include proof to the SNAP violation notice, and it will have transactions that occurred at your retail store which the USDA claims violates one or more genres of violations.

The first thing after you get a SNAP violation notice, you should contact our legal team. Remember, you have only ten days to respond to the letter. If you choose to ignore, the government 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. These benefits are distributed to consumers with an EBT card. The funds on the EBT card aren’t for general use, and they cannot be used for cash back services. The EBT cards took the place of food stamps in the 1990’s and are issued by each state individually where the consumer lives. The SNAP program is run on a nationwide level by the federal government.

The SNAP government 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 happen if and when a grocery store violates any of the following rules.

The grocery store took part intrafficking SNAP benefits. Examples of this is fraudulently accepting the 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 information on your grocery stores application to accept EBT benefits.

The grocery store redeemed more coupons than actual food sales at the same time.

Your employees accepted SNAP benefits from someone who shouldn’t be allowed to use the benefits.

Defending against a SNAP Violation Letter

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

Sending the violation letter is the first step which is taken by the USDA USDA to remove your EBT license. 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 outline violations, have evidence attached proving the violations. Your response to the SNAP violation letter is due within 10 days. Once you hire Spodek Law Group, 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 violation letter, the USDA might still believe that your store has violated the rules. If this happens, the USDA will 100% issue a second letter that specifically states their legal verdict to suspend or disqualify the grocery store based on the allegations set forth. You have 10 days to appeal this. If you don’t, then you’ll be stuck with the USDA decision. After you hire our lawyers, our team the appeal and notify them appeal the decision. We’ll collect necessary evidence, and we will draft generate the necessary appeals briefs which contains all of the legal laws, evidence, etc. which is necessary to fix the outcome.

In the event the USDA refuses to change the violation claim, in the Administrative Review, we will file a Judicial review at the local Federal Court. This next phase is like a normal 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 cases, many retail store owners have no problems adhering to them. However, USDA’s 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 you violate the laws, you’ll probably get a SNAP violation letter. Penalties of violating SNAP can include fines and penalties. If you conduct a major SNAP violation, then you might end up with a temporary or permanent disqualification. In many situations, store owners don’t know the violations are even occurring. In many situations, unethical employees who are misusing the SNAP program. It’s helpful to discuss your case with a SNAP violation lawyer to make sure you don’t have your benefits revoked.

When a SNAP violation letter is presented to your store, you have only ten days to respond to the allegations. Failure to respond will permanently harm your store. If you don’t respond the USDA will deliver a verdict even if you don’t respond to the allegations. Without legal experience, you cannot defend your store. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers can discredit the decision of the USDA and fight any decision. The penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA purposefully does large fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. The policy has to be in writing at the store and the policy must be at the time the allegations were filed.

The grocery store must be able to prove the compliance policy was in existence before the allegations, and was not drafted after the violation letter. The USDA will also look in order to see if the owners benefited from the violations, or if the owners were aware of the fraud. Any involvement of the management can lead to disqualification.

It’s highly recommended any store owner that gets a allegation 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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