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Transfer of Ownership Civil Money Penalty – TOCMP

March 21, 2024 Uncategorized

The Consequences of Selling or Transferring a Store Disqualified from SNAP

The United States Department of Agriculture (USDA) has the authority to impose civil money penalties on retailers who sell or transfer a store that has been permanently disqualified from the Supplemental Nutrition Assistance Program (SNAP). This means that if a store owner is permanently disqualified from participating in SNAP, they will be fined a civil money penalty when they sell or transfer the store.

Legal Basis for Civil Money Penalties

The Food and Nutrition Act of 2008, as amended in 7 USC Section 2021 and Section 278 of Title 7 of the Code of Federal Regulations (CFR), grants the USDA the power to impose civil money penalties. According to Section 278.6(f)(2) of the CFR, if a retail food store that has been disqualified is sold or ownership is transferred, the person or legal entity selling or transferring ownership will be subject to and liable for a civil money penalty.

Calculation and Payment of Civil Money Penalties

If you sell or transfer ownership of your store after disqualification, you will be liable for a civil money penalty as outlined in SNAP regulations Sections 278.6(f)(2), (3), and (4). The amount of the penalty will be calculated based on SNAP regulations at 278.6(g).

You have the option to pay the penalty in one lump sum or in installments. To arrange a payment plan, you can contact the Centralized Receivables Service at the USDA by calling 1-855-549-4285. Payments can be made online using credit cards, bank checking or savings accounts. Alternatively, you can mail a check to USDA – FNS, SNAP – RETAILER/WHOLESALER, P.O. Box 2411, Oshkosh, WI, 54903.

The penalty must be paid in full or a payment plan must be established within 15 calendar days of receiving the notification letter. If the penalty is not paid, the USDA may disclose information about the retailer to the public.

Disclosure of Retailer Information

When a retailer is disqualified or sanctioned, the USDA reserves the right to disclose information about the retailer to the public. This includes using the retailer’s information, social security numbers, and EINs to collect and report additional information. The USDA can disclose information to other federal and state agencies, as well as private collection companies, in order to collect debts owed. Debts may also be referred to the Treasury Department for administrative or tax offsets, or to the Department of Justice for litigation. The retailer may also be referred to consumer reporting agencies in accordance with the Fair Credit Reporting Act.

Requesting a Review

If a retailer wishes to contest the penalty, they can submit a written request for review to the Chief Administrative Review Branch of the USDA in Alexandria, Virginia. The request must be submitted and postmarked by the 10th calendar day after receiving the notification letter. If the 10th day falls on a weekend or holiday, the due date is the next business day.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
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Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
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2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
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Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
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2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
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2024-03-12
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2024-02-28
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divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Payment Plan and Interest

The USDA is willing to work with retailers to establish a payment plan, but they have limited discretion and must adhere to the regulations. The longest payment plan they can offer is over 5 years, with monthly payments spread over 60 months. The USDA cannot reduce the amount of the civil money penalty, but they may be able to slightly reduce it within a payment plan. Any portion of the penalty that is forgiven is considered taxable income, and the individual will be required to pay income taxes on that amount.

Interest Rate

Typically, the USDA charges an interest rate of 1% on the civil money penalty when entering into a payment plan. The duration of the payment plan must be shorter than the period of disqualification for which the penalty is a substitute. For example, if the disqualification was for 6 months, the payment plan to pay off the penalty would be 6 months with 1% interest. The exact interest rate is determined by the USDA and is subject to change.

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