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Salinas Snap Violation Lawyers

If you accept EBT at your grocery store, then you might have received a letter of warning from the USDA. The notice is most likely a SNAP violation letter, which is claiming you are in violation of the SNAP program. The USDA will include proof to the SNAP violation notice, which will have transactions that happened at your grocery store which the USDA claims is in violation of one or more genres of violations.

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

About The SNAP Program

The SNAP program provides families with money each month. The SNAP program benefits are distributed to consumers through an EBT card. The funds on the card cannot be used for general use, and they can’t be used for fraudulent cash back transactions. The 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.

This 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 is in violation of the rules below.

The retail store took part inthe trafficking of SNAP benefits. This can mean fraudulently accepting the benefits, or theft of the benefits.

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

The store submitted incorrect info on your retail stores application to accept EBT benefits.

The grocery store redeemed more coupons than sale of actual food during the same period.

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

Defending against a SNAP Violation Letter

Our law firm has experience handling SNAP violations letters. Our law firm 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 take away 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 outline serious allegations, and have attached documents detailing 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.

Once the USDA reviews your answer to the violation letter, the USDA may still feel that a violation has occurred. If that happens, they’ll will issue another letter that outlines the agencies decision to suspend or disqualify the store based on the allegations set forth. Like before, you have 10 days to appeal this verdict. If you choose not to, you’ll be unable to protest the USDA decision. After you hire our firm, we’ll file the appeal and notify the USDA appeal the decision. We’ll collect necessary evidence, and we will draft generate the necessary appeals briefs which contains all of the case law, evidence, etc. which is needed to fix the outcome.

If the USDA refuses to override the violation claim, in the Administrative Review, our lawyers will file a Judicial review at the local Federal District 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 lawyers can handle these cases in all 50 states.

SNAP Violations

As a food store retailer, there are many laws which you have to adhere to for EBT. In most normal situations, 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 limitations. For example, people getting SNAP benefits cant get electronic goods. If you violate the laws, you should expect getting a SNAP violation letter. Snap violation penalties can result in severe fines. If you conduct a major SNAP violation, then you might end up with a temporary or permanent disqualification. In most cases, store owners didn’t know the violations were even happening. In many situations, dishonest employees are misusing the SNAP program. It’s helpful to consult with a SNAP violation lawyer to make sure you don’t have your benefits revoked.

When a charge letter is delivered to your retail store, you only have 10 days to respond to the violations. Your failure to respond will permanently harm your store. In addition, the USDA will generate 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. Hiring a SNAP violation lawyer gives you the ability to fight for your rights. Our lawyers can challenge the decision of the USDA and fight any penalties. The penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose does large fines to curb violations. The USDA will look to see if you have a store compliance policy in place. The policy has to be in writing and the policy must be when the violations were filed.

The store owner also has to be able to prove the compliance policy was in place before the charge, and was not drafted after the violation letter. The USDA will also look in order to check if the retail store owners benefited in any way from the fraud, 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. 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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