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

FROM THE ARCHIVE SPODEK LAW GROUP P.C. · PUBLISHED · UPDATED
THE DEADLINE, EVERY TIME
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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If you accept EBT at your retail store, then you might have received a official notice from the USDA. This notice is most likely a SNAP violation letter, which is stating you have violated the SNAP program. The government will attach a number of pages to the SNAP violation notice, and it will contain transactions that happened at your store that the USDA is saying violates one or more genres of violations.

After you get a SNAP violation notice, you should definitely speak to our our legal team. Remember, you have only ten days to respond to the letter. If you don’t respond, the government will suspend your grocery store’s ability to accept EBT payments.

About The Program

The SNAP program helps families with funds to buy food each month. The SNAP program benefits are distributed via an EBT card. The funds on the EBT card cannot be used for general use, and they can’t be used for cash back services. The cards took the place of food stamps in the 1990’s and the card is issued by each state individually which the SNAP participant lives. This program is operated on a nationwide level by the government.

This federal 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 when a retail store is in violation of the rules below.

The retail store took part inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting benefits, or stealing the benefits. The retail store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods. The store submitted false info on your retail stores application to accept EBT benefits. Your grocery store redeemed more EBT food stamps than actual food sales over the same period. Your employees accepted SNAP benefits from someone who isn’t eligible to use the benefits.

How to defend your store against a SNAP violation

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

Sending the letter is the initial step which is going to be taken by USDA to take away your EBT license. The letter can come with no warning and can appear at any time. The charging letter will contain allegations, 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 take into their hands 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 that happens, the USDA will definitely send another letter that specifically states their decision to suspend or disqualify the store based on the allegations set forth. Like before, you have ten days to appeal this decision. If you don’t, you’ll be unable to protest the USDA decision. After you hire our lawyers, we’ll file the appeal and notify the government appeal the decision. We’ll gather 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.

In the event the USDA refuses to change the binding decision, in the Administrative Review, we’ll file a Judicial review at the local Federal 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. Our lawyers 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 cases, many grocery 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 limitations. For example, SNAP recipients cant buy electronic goods. If, and when, 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 serious violation, then you might end up with a temporary or permanent disqualification. In most cases, owners of grocery stores don’t even know SNAP violations are even happening. In many situations, unethical employees are misusing the SNAP program. If you’re accused of a SNAP violation to discuss your case with a SNAP violation appeals lawyer to ensure sure you don’t have your benefits revoked.

When a charge letter is sent to your store, you only have ten days to respond to the claims by the USDA. Failure to respond to the allegations will permanently harm your store. In addition, the USDA will generate a verdict even though you don’t 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 the ability to fight for your rights. Our lawyers will 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 imposes huge fines to in order to curb future violations. The USDA will typically look to see if you have a compliance policy in place. The policy has to be in writing and in effect when the violations were filed.

The store owner also 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 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. Any involvement of the management can lead to disqualification.

We highly recommend any store owner that gets a violation 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.
SEND THE LETTER TO COUNSEL

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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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