TEN DAYS TO ANSWER A CHARGE LETTER · 7 CFR 278.6(b)(1) · NO EXTENSIONS
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Wheaton 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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If you accept EBT at your grocery store, then you might have gotten a notice from the USDA. The notice is probably a SNAP violation notice, which is claiming you violated the SNAP program. The USDA will include proof to the SNAP violation notice, which will have transactions which occurred at your grocery store which the USDA is saying is in violation of one or more groups of violations.

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

About The Program

The SNAP program helps families with money each month. These benefits are given via an EBT card. The SNAP benefits on the card cannot legally be used for general usage, and they cannot be used for cash back services. The EBT cards took the place of food stamps in the 1990’s and are issued in the state where the recipient lives. The SNAP program is run on a national level by the federal government.

The SNAP government and the benefits that come with it 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’s a SNAP Violation

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

The retail store was involved intrafficking SNAP benefits. This can mean fraudulently accepting taking the benefits, or theft of the benefits. The grocery store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods. The store submitted false info on your grocery stores application to accept EBT benefits. The store redeemed more coupons than sale of actual food over the same period. Your employees accepted SNAP benefits from someone who shouldn’t be allowed to use the benefits.

Defending against a SNAP Violation Letter

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

The charging letter is the first step which is taken by the USDA USDA to take away your right to take EBT benefits. This comes with, or without, prior warnings can come at any time. The violation letter contain details about alleged violations, but most letters will outline violations, with an attachment of details. You have only 10 days to respond. After you hire our law firm, we 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 may still feel that a violation has occurred. If this happens, they’ll will definitely send another letter which outlines their decision to suspend or disqualify the retail store based on the accusations previously mentioned. You have 10 days to appeal this. If you choose not to, then you’ll be unable to protest the USDA decision. After you hire our lawyers, we’ll file the appeal and notify the USDA appeal the decision. Our lawyers gather necessary evidence, and our team will draft an appellate brief containing all of the case law, legal evidence, etc. which is necessary to overturn the decision.

If the USDA refuses to overturn the legal decision, in the Administrative Review, we’ll file a Judicial review at the local Federal Court. The Judicial Appeal is like a normal 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 food store retailer, there’s a lot of rules and regulations have to obey in order to accept EBT. In most cases, many grocery 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 purchase electronic goods. If you violate the laws, you’ll probably get a SNAP violation letter. Penalties of violating SNAP can result in fines, and penalties. If you conduct a serious SNAP violation, then you might end up with a temporary or permanent disqualification. In many situations, owners of grocery stores didn’t know SNAP violations were even occurring. In many situations, unethical employees are misusing the SNAP program. If you’re accused of a SNAP violation to consult with a SNAP violation attorney to make sure you don’t have your benefits revoked.

When a charge letter is sent to your retail store, you only have ten days to respond to the claims. Your failure to respond to the allegations will permanently crush your store. In addition, the USDA will make a verdict even though you choose not to 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 SNAP appeals lawyers will discredit the findings of the USDA and fight any penalties. The fines imposed can be huge - to the tune of ten’s of thousands of dollars. The USDA purposefully chooses to impose huge fines to curb violations. The USDA will typically look to see if you have a compliance policy in place. It must be in writing at the store and the policy must be at the time the violations 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 were aware of the violation. If the management was involved it can lead to disqualification.

It’s highly recommended any store 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.
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WHAT HAPPENS NEXT
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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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