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SNAP VIOLATION DEFENSE · ARLINGTON
RETAIL STORES · EBT / SNAP

Arlington SNAP Violation Attorneys.

FNS retailer cases are federal - the same charge letters, deadlines, and appeal rights apply in every state. Here is how the process works, and where counsel changes the outcome.

Todd A. Spodek
Todd A. Spodek
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For many grocery retailers, accepting EBT payments has become a large part of their business. With more and more people enrolled in the SNAP program, grocers have come to rely on the profits gained from EBT payments. However, since this is a program that is strictly regulated by the federal government, retailers must be careful not to commit any violations involving these payments. If any violations are thought to have happened, the store will receive a letter from the USDA, detailing the allegations. When this happens, it's vital to enlist the services of a lawyer experienced in SNAP violation cases, since the potential consequences can be devastating for a business.

Respond Immediately

If your store receives a letter, you only have 10 days to respond to the allegations. However, don't do so without first consulting a SNAP violation lawyer. Otherwise, you could say or do something to make the situation worse. Since SNAP benefits are distributed to recipients through debit cards, one of the most common violations involves fraudulent cash back services. If your letter states this as an alleged violation, contact your attorney as soon as possible. Since these cards are not to be used for general usage, any use other than buying food can be perceived by the government as a violation.

What is a SNAP Violation?

Along with fraudulent cash back services, there are many other types of SNAP violations. If your store is alleged to have committed any violations, be prepared for a tough battle ahead, since the USDA strictly enforces the rules concerning this program. To have a better understanding of potential violations, some of the most common ones include:

--Trafficking of SNAP benefits through fraud or theft

--Accepting benefits in exchange for nonfood items such as alcohol or tobacco

--Submitting a false application to accept EBT payments

--Redeeming more EBT benefits than food which was actually sold

--Redeeming SNAP benefits from someone unauthorized to use them

If you are being accused of committing any of these violations, take it very seriously. Since the program is strictly enforced, the USDA does not go easy on potential violators. With possible penalties such as fines or suspensions facing you and your store, you will definitely need the services of an attorney skilled in handling SNAP violation cases.

Defenses for SNAP Violations

Once you utilize the services of an experienced SNAP violations lawyer, the good news is that you will quickly realize there are numerous defenses available to you in your fight against the USDA. To begin with, you will no longer have to worry about responding to the allegations yourself, since your lawyer will handle any future communications between you and the government. Along with this, they will also gather evidence supporting your case, and draft an appropriate response to the USDA. Even if after this the USDA still believes you are guilty, your attorney will file an appeal within 10 days, again compiling evidence and drafting a response. If the appeal is denied, all is not lost. In these situations, your SNAP violations lawyer will then file for a Judicial Review in Federal Court, which will allow them to file motions, complete discovery, and take the case to trial.

Legal Consequences of SNAP Violations

First and foremost, if you receive a letter from the USDA, do not simply put it aside and choose to not respond. If you do, any chances you have of being cleared of the allegations will disappear. This is extremely important to remember, since the USDA will rule on the case whether or not you choose to respond. By not responding, you are in essence admitting guilt, and the consequences can greatly vary. In most cases, your store will be fined thousands of dollars, and your store will probably be disqualified from accepting EBT payments for up to five years, which could severely impact your store's profits.

Speak With an Attorney

Due to the complexity of a SNAP violation case, speaking with an attorney is vital to ensuring you are able to prove the allegations are false. By working closely with your attorney, you will not only be able to keep your reputation intact, but also ensure your store stays in business.

Facing a SNAP charge letter or disqualification? Start with our full guide: USDA SNAP Violation Lawyers for Retail Stores, or call 212-300-5196 for an attorney, 24/7.

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Spodek Law Group has defended people and businesses against the federal government since 1976. SNAP retailer matters are handled the way the firm handles every federal case: the evidence gets read before anything is filed, deadlines get calendared on day one, and clients deal with counsel - not a call center.

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