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Westminster Snap Violation Lawyers

If you accept EBT at your retail store, then it’s possible have received a official notice from the USDA. This notice 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, which will have transactions which happened at your 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 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 stores privilege to accept EBT payments.

About The Program

The SNAP program helps families with funds to buy food each month. The SNAP program benefits are given via an EBT card. The SNAP benefits on the EBT card are not for general usage, and they can’t be used for cash back transactions. The EBT cards took over for food stamps in the 1990’s and are issued in the state where the recipient lives. The program is run on a nationwide level by the federal government.

This government and it’s benefits are under handled 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 rules below.

The store was involved inthe trafficking of SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or theft of the benefits.

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

The store submitted false information on the store’s application to accept EBT benefits.

The store took money for more EBT food stamps than sale of actual food during the same period.

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

How to defend your store against a SNAP violation

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

The charging letter is the initial step taken by the USDA to take away your right to take EBT benefits. The letter can come with no warning can come at any time. The SNAP violation letter will contain allegations, but most letters will detail violations, with an attachment of details. You have only 10 days to respond. After 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.

After reviewing the store’s answer to the notice of violation, the USDA might still decide that a violation has occurred. If that happens, the USDA will definitely send a second letter which outlines their legal verdict to suspend or disqualify the retail store based on the accusations previously mentioned. Like before, you have ten days to protest the verdict. If you don’t, then you’ll be unable to protest the USDA decision. Once you hire our lawyers, our team the legal papers to notify them we are going to appeal their decision. Our lawyers gather necessary evidence, and we will draft generate an appellate brief which contains all of the case law, legal evidence, etc. which is critical to overturn the decision.

If the USDA refuses to overturn the violation claim, in the Administrative Review, we’ll file a Judicial review at the local Federal District Court. This next phase is like a normal federal court case, where you’ll be able to do discovery, file motions, and have a trial. We can handle these cases in all 50 states.

SNAP Violations

As a grocery store retailer, there are many laws you have to adhere to for EBT. In most cases, many grocery store owners don’t run into problems. 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 buy electronic goods. If you violate the laws, you’ll get a SNAP violation letter. Penalties of violating SNAP can include fines and penalties. If it’s believed you did a serious SNAP violation, then you may end up with either a permanent or temporary disqualification. In many situations, store owners don’t even know the violations are even happening. Often, it’s dishonest employees are misusing the SNAP program. It’s helpful to speak with a SNAP violation appeals lawyer in order to make sure you don’t have your benefits revoked.

When a charge letter is presented to your retail store, you have only ten days to respond to the claims. Your failure to respond to the allegations will permanently harm your store. If you don’t respond the USDA will make a verdict even though you choose not to 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 lawyers can challenge the findings of the USDA and appeal any decision. The fines imposed can be huge – to the tune of ten’s of thousands of dollars. The USDA on purpose imposes huge fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. It has to be in writing at the store and the policy must be at the time the violations were filed.

The retailer must be able to prove the above mentioned 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 grocery store owners benefited from the violations, or were aware of the violation. Any involvement of the management can lead to disqualification.

We highly recommend any store owner that receives a letter speak to 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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