Food Stamp Fraud Judicial Review of Determination
In the United States, the government performs audits and investigations into any allegations that a violation has occurred regarding the SNAP program. When there is a reasonable suspicion that a business or individual has engaged in food stamp fraud, they are entitled to take steps that disqualify this business or individual from the ability to participate in the SNAP program in the future. If this happens to you, you have a legal right to receive a judicial review of the action that has been taken against you.
How does a judicial review work?
Your right to a judicial review means that you have a right for a third party to perform an examination of the allegations and evidence against you. This third party will neutrally determine whether disqualification from SNAP benefits is the best course of action. In the case of SNAP benefits and food stamp fraud, the third party is always a federal judge. They are considered the most impartial option because they do not work for the Department of Agriculture or the Food and Nutrition Service.
Judicial review technically qualifies as a lawsuit. This means that you initiate it by filing a summons and official complaint through a federal court. The case will then proceed like another lawsuit. It might go to trial. After the judge has the opportunity to hear the evidence, they will have the option of affirming the Department of Agriculture’s decision, ordering another penalty, or throwing out the decision entirely.
How are judicial review rights preserved?
Multiple things must happen for your right to judicial review to be preserved. The right to appeal process begins a long time before the case is filed in court. It’s important to begin preparing for the appeal process the moment you receive your charging letter.
After the initial reception of your charging letter, you have a ten day window to respond. If you do not respond within this window, you will not be able to appeal. You will need to prepare documentation which shows why the FNS is wrong about any allegations that have been made against you.
You must make sure that you have a detailed response. It also needs to address the allegations in a comprehensive and direct way. After you prepare the documentation, you can make an official request for the FNS to review your allegations. Again: It’s vital that this be done within ten days of the reception of the letter.
This is your right to administrative review. After an administrative review has been completed, you then have the right to a judicial review, assuming that the administrative review does not overturn the charges or allegations. In order to receive a judicial review, you’ll need to file a summons and official complaint with the United States district court. This is considered a civil lawsuit. You’ll be required to prepare paperwork for the court filing and to serve the other involved party with papers.
It’s important to note that you only have a thirty day window following your charges to prepare and file the lawsuit. The time limit begins as soon as you receive the results of the administrative review. When you don’t file your lawsuit on time, you will lose the opportunity to have a federal judge review the case and make a decision.
How can judicial reviews help?
Administrative reviews are the first step to the appeal process. Judicial reviews exist to give you a further step should your administrative review be unsuccessful. A judicial review exists because it is considered a right to have a third party review your case.
During a judicial review, you’ll be given the opportunity to be a part of the discovery process, meaning that you can request government documents and conduct depositions. It’s a good idea to get in contact with an experienced attorney who understands how to prepare documentation and negotiate your case, especially since you only have thirty days to prepare and serve the appropriate documentation.
You’ll also have the option to ask for a stay of whatever action has been taken against you. If the court believes your charges are likely to be overturned, they can place the action on hold until the trial date.
If the government suspects that a business has committed any kind of food stamp fraud, then an investigation is launched to determine if the allegations are true. There are steps taken that could disqualify a business from accepting food stamp benefits, but the business has the option of a judicial review to try to get the decision reversed.
The judicial review involves a third party who looks into the evidence that is provided to determine if any fraudulent acts occurred. The party will explore various options that could be available and make a decision regarding whether disqualification is in the best interest of the business. In most situations, a federal judge is the third party who examines the case and makes a final decision. The judge doesn’t work for the Food and Nutrition Service or any other department involved with social services or welfare. The judge is a complete outside party who will simply review the material and make a final decision. The review is considered a lawsuit. A business needs to file the proper paperwork to request a review with the review being held in a federal court. If no decision can be reached in a swift manner, then the hearing goes to trial. At the end of the review or the trial, the judge has one of several options to consider. The judge could dismiss the allegations of fraud, which would mean that the business continues accepting food stamps from customers. The judge could offer a different type of penalty, such as a large fine. Another option would be to agree with the initial decision made and disqualify the business from the food stamp program.
The right for a business to appeal a food stamp review begins before any documents are filed. As soon as the business receives any information regarding fraud, the business needs to gather evidence and support to prove that no fraud has taken place. The business has only 10 days to offer a response to the notification. Any response that is given should be detailed with as many statements from customers and employees as well as other types of evidence that show no fraudulent acts. When all of the information is submitted, a review request can be submitted as long as it’s within 10 days of receiving the notice. After the administrative review, a judicial review can be requested. There are only 30 days allowed to get all of the information ready to present for the review. An appeal can be requested if the business doesn’t agree with the verdict during the review.