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San Buenaventura (Ventura) Snap Violation Lawyers

If you’re a retailer who accepts EBT at your grocery store, then may have gotten a official warning from the USDA. The notification is probably a SNAP violation notice, which is stating you are in violation of the SNAP program. The government will include proof to the SNAP violation notice, and it will contain transactions which occurred at your retail store which the government claims is in violation of one or more groups of violations.

The first thing after you get a SNAP violation letter, you should contact our law firm. Remember, you have only ten days to respond to the letter. If you don’t respond, the USDA will terminate/suspend your stores ability to take EBT.

About The SNAP Program

This program helps families with a certain amount of money each month. These benefits are distributed to consumers through an EBT card. The funds on the EBT card are not for general usage, and they can’t be used for fraudulent cash back transactions. The cards took the place of food stamps in the 1990’s and the card is issued in the state where the consumer lives. The SNAP program is operated on a national level by the government.

The federal and it’s parameters 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 counts as a SNAP violation

Snap violations occur if and when a grocery store violates any of the following rules.

The store was involved intrafficking SNAP benefits. This can mean fraudulently accepting taking the benefits, or theft of the benefits.

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

Your store submitted incorrect info on the grocery stores application to accept EBT benefits.

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

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 violations letters. Our law firm can handle your SNAP Violation appeal in all 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 EBT license. This comes with no warning and can happen at any time. The SNAP violation letter will have allegations in it, but most letters will detail serious allegations, and have attached documents detailing the violations. You have only 10 days to respond. Once you hire our law firm, our lawyers handle 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 notice of violation, the USDA might still decide that a violation has occurred. If that happens, they’ll will issue a second letter that specifically states the agencies decision to suspend or disqualify the store based on the accusations previously mentioned. You have 10 days to appeal this. If you don’t, then you’ll be unable to protest the USDA decision. After you hire our firm, we file the necessary paperwork and notify them appeal the decision. Our lawyers collect necessary evidence, and we will draft generate an appellate brief containing all of the legal laws, legal evidence, etc. which is necessary to overturn the decision.

In the event the USDA refuses to change the legal decision, in the Administrative Review, we’ll file a Judicial review at the local Federal District Court. This next phase is like a normal 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’s a lot of rules and regulations 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, 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 severe and business crushing penalties. If you conduct a serious violation, then you may end up with either a permanent or temporary disqualification. In many situations, owners of grocery stores didn’t know the violations were even occurring. In many situations, dishonest employees who are misusing the SNAP EBT program. If you’re accused of a SNAP violation to discuss your case with a SNAP violation appeals lawyer in order to ensure sure you don’t have your benefits revoked.

When a SNAP violation letter is sent to your retail store, you only have 10 days to respond to the claims. 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 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 the ability to fight for your rights. Our lawyers can challenge the decision of the USDA and fight any decision. 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 typically look to see if you have a compliance policy in place. It has to be in writing and the policy must be at the time the allegations were filed.

The store owner must 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 to see if the owners benefited in any way from the fraud, or if the owners were aware of the fraud. Any involvement of the management can lead to disqualification.

It’s highly recommended any owner that receives a allegation 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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