Criminal Defense Lawyers

Grocery store usda violation Minnesota

You’re Facing a USDA Grocery Store Violation, Now What?

So, you got hit with a violation notice from the USDA, huh? Take a deep breath, we’ve got you covered. As a grocery store owner, dealing with the United States Department of Agriculture is, no joke, a massive headache, but, we’re here to walk you through it.First thing’s first, don’t panic. Violations happen, even to the best of stores, but how you respond makes all the difference. We’re the experts at Spodek Law Group, and we’ve handled hundreds of USDA cases just like yours, so, buckle up, this is going to be a crash course.

Understanding the Violation

The USDA doesn’t mess around, they’re the big dogs when it comes to regulating food stamps (now known as SNAP), along with food safety and animal welfare. So, when they come knocking with a violation notice, you need to pay attention.Their main areas of enforcement for grocery stores are:

• SNAP/EBT fraud (like trafficking cash for food stamps)
• Selling ineligible items with SNAP benefits
• Food safety violations
• Improper handling of meat/poultry products

The notice will spell out exactly what violation(s) you’re accused of, but, don’t take it at face value, we’ll need to dig deeper. Grab that paperwork, and let’s break it down.

Analyzing the Evidence

Okay, so the USDA has “evidence” against your store, but, what does that really mean? A lot of times, it’s just based on data analysis flagging certain transaction patterns as “suspicious.” Other times, they might have undercover audio/video recordings from their OIG investigators.Either way, we need to look at the evidence with a critical eye, because, the USDA’s conclusions can be flawed or circumstantial at best. We’ve seen cases where stores were accused of trafficking SNAP benefits, when in reality, it was just a cashier making legitimate cash refunds.So, hand over those records, videos, anything you’ve got, we’ll comb through it all and start building your defense. Don’t worry, you’ve got the best attorneys in the game on your side now.

Your Rights and Options

Look, we get it, this whole situation seems like a nightmare, but, you have rights, options, and that’s where we come in. Depending on the violation and severity, the USDA could try to:

• Disqualify you from SNAP permanently
• Suspend you for a period of time
• Impose a hefty civil money penalty

None of those are ideal for your business, obviously, but, we know how to fight them. The first step is to file for a formal review of the violation within 10 days, this buys us more time.From there, we can pursue an aggressive defense strategy tailored to your case, could be:

• Challenging the evidence
• Negotiating for reduced penalties
• Requesting a temporary civil money penalty instead of disqualification
• Proving employee misconduct you were unaware of
• Outright appeal if the ruling is unfair

The key is acting fast and hitting them with a fierce defense, because, these USDA folks, they don’t play games. But neither do we, and we’ve taken them on plenty of times before, so, you’re in good hands.

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.

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

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 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

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.

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!

Anthony Williams

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.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

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.

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Google rating score: 4.9 of 5, based on 736 reviews

Building Your Defense

Alright, now we’re getting to the good stuff, building an iron-clad defense. Our battle-tested attorneys have decades of experience, so, we know all the right moves.First up, we’ll conduct our own thorough investigation, because you can bet the USDA’s was bare-bones at best. We’re talking:

• Interviewing every employee involved
• Obtaining all surveillance footage
• Analyzing transaction data in-depth
• Bringing in expert witnesses if needed
• Leaving no stone unturned

The goal? Poke holes in the USDA’s case from every angle. Did they make assumptions? Miss key context? We’ll find it.Next, we stack up the precedent. The USDA loves following their own rulebook to the letter, so, we’ll use that against them. We know all the regs, from SNAP policies to food safety codes, and we’ll compare your situation to similar cases where stores won.Finally, we prepare an aggressive defense strategy that positions you for the best possible outcome based on the evidence. Could be negotiating a reduced penalty, seeking a temporary suspension instead of permanent disqualification, or even overturning it entirely, we’ll figure out the perfect play.

Taking it to Court (If Needed)

Hopefully, it doesn’t come to this, but if the USDA refuses to budge, we’re taking this fight to court. Yeah, it’s a hassle, it’s expensive, but, we never back down.If we’re going in front of a judge, you can bet we’ll be prepared to the nines with all our evidence organized in a clear, compelling way. We’ll have your employees ready to testify, our expert witnesses lined up, everything we need to punch holes in the USDA’s arguments.And you know what? We’ve got a great track record in court against these USDA cases. The judges see right through their lazy investigations and heavy-handed punishments when we make them look at the full context.So, don’t sweat it if it comes to this, it’s just another day at the office for us USDA violation experts.

Protecting Your Business

At the end of the day, that’s what this whole fight is about, protecting your business, your livelihood. The USDA wants to play hardball? We’ll match them and then some.Having a team of attorneys like us in your corner lets you keep your store running smoothly while we handle the legal battle. No more sleepless nights, no more agony over what to do next, you’ve got pros taking the wheel.And we’re not just any attorneys either, we’re food industry specialists who understand exactly how this all works and what’s at stake for you. We’ve got the knowledge, the experience, and the grit to take on the USDA and win.

The Spodek Law Group Difference

You know what really sets us apart? We actually care about you and your business. We don’t just see you as another paycheck.We’ll take the time to understand your unique situation, no matter how complex. We’ll strategize with you, not at you. And we’ll fight like hell to protect what you’ve worked so hard to build.Having a team like that in your corner, one that blends killer legal expertise with genuine care for your wellbeing, that’s the difference that wins these USDA battles.So, what do you say? You ready to take these USDA bullies head-on with us? Just say the word, and let’s get this defense locked and loaded. Your business is worth fighting for, and we’ve got your back every step of the way.

The USDA Violation Process Explained

Okay, so you’ve got the gist of how we defend against these USDA violations, but, let’s take a step back and look at the bigger picture here. Knowing what you’re up against, every step of the way, that’s key.

It Starts with an Investigation

The first indication you’ll get that something’s up? A USDA investigator shows up unannounced at your store. Yep, they just roll in like that, watching your employees, going through records, it’s an intimidating situation.The investigator will be looking for any signs of SNAP fraud, like cashiers ringing up ineligible items, giving cash for SNAP benefits, you name it. If they find anything sketchy, well, that kicks off an official investigation by the USDA’s Retailer Operations Division.From there, they’ll dig deeper into transaction records, pour over surveillance footage, maybe even send in undercover investigators to attempt SNAP fraud at your store. The goal is to build a nice little case against you.Once they think they have enough evidence, bam, you get hit with that ominous violation notice in the mail. But, that’s just the beginning.

The Dreaded Charge Letter

So, you got the violation notice, pretty vague, doesn’t tell you much, just that an investigation happened. Well, get ready, because the charge letter is coming next, and this one packs a punch.This letter will detail, in agonizing legalese, exactly what SNAP violations you and your employees are accused of committing. They’ll cite specific transaction dates, times, even the cashier’s name on duty.Intimidating stuff, we know, but, don’t let it rattle you. There’s always two sides to every story, and we’ve seen the USDA get plenty wrong in these charge letters over the years.The key here is, you only have 10 days to respond and request a review of these charges. That’s why you call us ASAP when this charge letter shows up. We’ll take care of that request, and start building your defense immediately, because, these USDA folks don’t mess around with deadlines.

The Hearing Process

Okay, so you responded to the charges in time, requesting a full review, what’s next? Well, get ready for a long, complicated process, because the USDA loves their bureaucracy.First up is an administrative review, where you can present evidence and make your case to the USDA directly as to why the charges should be dismissed or reduced. We’ll be right there with you, don’t worry.If that doesn’t work, it moves to a full administrative hearing in front of a judge. Yeah, it’s basically a trial, but without a jury. We’ll need to bring all our evidence, witnesses, the whole nine yards to prove your innocence.The judge’s ruling from that hearing is basically the final say, at least from the USDA’s side. If you get disqualified from SNAP at this point, well, your options are running out.But, and this is a big “but,” you can still appeal this ruling to the federal court system if you really want to fight it. It’s a lengthy, expensive process, but, sometimes it’s the only way to get justice.

Potential Penalties to Face

Alright, let’s talk about the elephant in the room here, the potential penalties you could be facing if you lose this battle against the USDA. It’s not pretty, but, knowledge is power, right?On the lower end of the spectrum, you’ve got civil money penalties. These are just fines, could be a few thousand bucks, could be $100,000 or more, depends on the severity.Definitely hurts, but, at least you can keep operating and stay on SNAP with some restrictions. We’ll fight to get you the lowest possible fine if it comes to this.Then there’s temporary disqualification from SNAP, which is exactly what it sounds like. Anywhere from 6 months to multiple years where you can’t accept SNAP benefits, which could cripple a lot of stores.The worst case scenario though? Permanent disqualification from SNAP. Basically a death sentence for most grocery stores these days, since SNAP makes up such a huge portion of sales.Look, we’ll do everything in our power to avoid these worst penalties by negotiating with the USDA and poking holes in their case. But, you need to know what’s on the line here, so you can make the right call for your business.

Why You Need a Specialized Attorney

At this point, we hope you’re seeing just how complicated, nuanced, and high-stakes this whole USDA violation process is for grocery stores. It’s nothing to take lightly.That’s why you absolutely need an attorney on your side, but, not just any attorney. You need a firm that specializes in the very specific world of USDA regulations and SNAP law.See, your average lawyer might be great at other stuff, but, they’ll be out of their depth here. The USDA operates under its own set of rules, its own language basically. You need someone fluent in that language to have a chance.At Spodek Law Group, USDA cases are our bread and butter. We quite literally wrote the book on defending grocery stores against these violations. We know the ins and outs, the loopholes, the ways to apply pressure.We’re not just legal experts either, we’re food industry experts who understand the reality of running a grocery store. So when you bring us a case, we get it from every angle.Having that type of specialized knowledge and experience is what separates us from other firms, and what gives you the absolute best chance at beating these USDA violations. It’s why stores nationwide trust us to handle their cases.So, if you’re staring down one of these USDA nightmares, do yourself a favor, get real experts like us in your corner from the jump. The alternative? Well, let’s just say you don’t want to find out what trying to go it alone looks like.

Common USDA Violations and How We Defend Them

Alright, we’ve covered the violation process, now let’s dig into some of the most common accusations we see the USDA lodging against grocery stores, along with how we defend against them.Because, make no mistake, these violations run the gamut in terms of severity and complexity. Knowing exactly what you’re up against is crucial when building a defense strategy.

SNAP Trafficking Charges

This is one of the biggest, baddest violations the USDA loves to threaten stores with, SNAP “trafficking.” But, what does that really mean?Essentially, it’s the illegal exchange of SNAP benefits for cash, a major no-no. The USDA looks at transaction patterns, like excessive manual SNAP entries or an unusual amount of cash refunds, as signs of potential trafficking.Now, a lot of times there are legitimate reasons for those transaction patterns. Maybe you had a new cashier who didn’t know the rules yet, or there was a computer glitch one day throwing everything off.The USDA doesn’t care about context though, they just see dollar signs and opportunities for big penalties. That’s where we come in.Our attorneys will dive deep into those transaction logs, compare them against things like employee time sheets, any technical issues that day, you name it. We’ll build a clear, data-driven argument for why those transactions were legitimate.We’ve gotten plenty of trafficking charges completely dismissed that way. By exposing the USDA’s lack of thoroughness and jumping to conclusions.

Selling Ineligible Items with SNAP

Another area the USDA loves to nitpick? What items stores are allowing SNAP recipients to purchase. There’s a very strict list of eligible items for SNAP, like basic foods and some household supplies.Anything else, whether it’s hot prepared foods, alcohol, vitamins, you name it, is off limits if someone tries to buy it with their SNAP funds. Knowingly allowing these ineligible purchases can get a store slapped with violations.But here’s the thing, a lot of times it’s not the store’s fault at all. Maybe a cashier was new and got confused. Maybe a customer tried to be slick and sneak a non-food item in with their grocery order.Whatever the case, we’ll dig into those transaction records again, look for any signs of simple human error versus intentional misconduct. The USDA has to prove the store willingly committed this violation, and often, they can’t.We’ve gotten plenty of these types of charges reduced or dismissed entirely. Sometimes it’s as easy as showing the store had proper SNAP training protocols in place, and it was a one-off mistake.