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Wichita Snap Violation Lawyers

If you’re a retailer who accepts EBT at your grocery store, then it’s possible have received a official notice from the USDA. The letter is most likely a SNAP violation letter, which is alleging you have violated the SNAP program. The USDA will include proof to the SNAP violation letter, and it will have transactions that occurred at your grocery store which the government is saying is in violation of one or more groups of violations.

The first thing after you get a SNAP violation letter, you should definitely speak to our our legal team. Remember, you have only ten days to respond to the letter. If you choose to ignore, the USDA will terminate/suspend your stores privilege to accept EBT.

About The Program

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

The government and it’s parameters 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 happen if and when a retail store is in violation of the following rules.

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

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

The store submitted incorrect information on your store’s application to accept EBT benefits.

The store redeemed more coupons than food sales over the same period.

The employees of the store took SNAP benefits from someone who isn’t allowed to use them.

Defending against a SNAP Violation Letter

Spodek Law Group has immense experience handling SNAP violations letters. Our law firm 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 take away your right to take EBT benefits. This comes with, or without, prior warnings and can appear at any time. The charging letter has a variety of allegations, but most of them will detail serious allegations, and have attached documents detailing the violations. You have only 10 days to respond. 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.

After reviewing the store’s answer to the violation letter, the USDA might still decide that a violation has occurred. If that happens, the USDA will definitely send another letter that specifically states the governments legal verdict to suspend or disqualify the store based on the allegations set forth. You have 10 days to appeal this. If you don’t, you’ll be unable to protest the USDA decision. After you hire our firm, we’ll file the appeal and notify them we are going to appeal their decision. Our lawyers gather necessary evidence, and we will draft draft the necessary appeals briefs containing all of the legal laws, legal evidence, etc. which is needed to change the outcome of the violations.

If the USDA refuses to overturn the binding decision, in the Administrative Review, we will file a Judicial review at the local Federal District Court. This next phase is like a normal federal court case, where you’ll have to do standard processes like discovery, file motions, and have a trial. Our attorneys 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 cases, many retail store owners have no issues adhering to them. However, the SNAP program 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 buy 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 violation, then you might end up with a temporary or permanent disqualification. In many situations, store owners don’t know SNAP violations were even occurring. In many situations, it’s dishonest employees who are misusing the SNAP program. If you’re accused of a SNAP violation to consult with a SNAP violation lawyer in order to ensure sure you don’t have your benefits revoked.

When a charge letter is delivered to your store, you only have ten days to respond to the claims. Failure to respond to the allegations will permanently harm your store. In addition, 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. Hiring a SNAP violation lawyer gives you a fighting change. Our lawyers can challenge 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 does huge fines to in order to curb future violations. The USDA will look to see if you have a store compliance policy in place. The policy must be in writing at the store and in effect 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 was not drafted after the violation letter. The USDA typically also looks to see if the grocery store owners benefited from the violations, or if the business owners were aware of the fraud. If the managers were involved, it can lead to disqualification.

It’s highly recommended any store that gets a 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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