TEN DAYS TO ANSWER A CHARGE LETTER · 7 CFR 278.6(b)(1) · NO EXTENSIONS
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Santa Fe 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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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 it’s possible have gotten a notice from the USDA. The notification is most likely a SNAP violation notice, which is claiming you violated the SNAP program. The government will include proof to the SNAP violation letter, and it will have transactions which happened at your grocery store which the government claims is in violation of one or more categories of violations.

The first thing after you get a SNAP violation notice, you should speak to our our law firm. Remember, you have only ten days to respond to the letter. If you don’t respond, the government will terminate/suspend your grocery store’s ability to accept EBT payments.

About The Program

The SNAP program provides families with money each month. These benefits are distributed to consumers through an EBT card. The SNAP benefits on this card cannot legally be used for general use, and they cannot be used for cash back services. The cards took the place of food stamps in the 1990’s and the card is issued in the state which the SNAP participant lives. The SNAP program is run on a national level by the federal government.

The 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’s a SNAP Violation

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

The grocery store was involved inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting benefits, or theft of the benefits. The retail store took SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods. Your store submitted false info on the store’s application to accept EBT benefits. The store took money for more coupons than food sales during 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

Our law firm has experience handling SNAP violation letters. We can handle your SNAP violation process in all 3 phases of a SNAP violation action.

Sending the violation letter is the first step which is going to be taken by USDA to remove your EBT license. This comes with no warning can come at any time. The charging letter contain details about alleged violations, but most of them will mention violations, with an attachment of details. You have only 10 days to respond. After you hire our law firm, we 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 violation letter, the USDA might still decide that a violation has occurred. If this happens, the USDA will definitely send a second letter that specifically states their legal verdict to suspend or disqualify the retail store based on the alleged violations. You have 10 days to appeal this. If you choose not to, then you’ll be stuck with the USDA decision. Once you hire our lawyers, we file the appeal to notify the government appeal the decision. Our lawyers collect necessary evidence, and our team will generate the necessary appeals briefs containing all of the case law, legal evidence, etc. which is needed to overturn the decision.

In the event the USDA refuses to overturn the decision, in the Administrative Review, we will 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. Our law firm can handle these cases in all 50 states.

SNAP Violations

As a grocery store retailer, there’s a lot of rules and regulations you have to adhere to for EBT. In most normal situations, many retail 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 get electronic goods. If you violate the laws, you’ll get a SNAP violation letter. Snap violation penalties can result in severe and business crushing penalties. If you conduct a serious SNAP violation, then you might end up with a temporary or permanent disqualification. In many situations, store owners didn’t know SNAP violations were even occurring. Often, unethical employees are misusing the SNAP program. It’s helpful to discuss your case with a SNAP violation 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 have only 10 days to respond to the violations. Your 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. Without legal experience, 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 can discredit the decision of the USDA and fight any decision. The fines imposed can be huge - to the tune of ten’s of thousands of dollars. The USDA on purpose chooses to impose large 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 retailer must has to be able to prove the above mentioned policy was in existence before the allegations, and was not drafted after the violation letter. The USDA typically also looks 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 grocery store owner that gets a allegation 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
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 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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