California 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.
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The SNAP program allows needy families to get food through an EBT card. Also commonly referred to as food stamps, SNAP can easily result in fraud if there is a violation of the program. When there is a violation, the USDA sends an official letter of notice to a retailer that accepts EBT. In general, in that situation, the USDA attaches pages to the SNAP violation notice that includes transactions that took place at the store that state the specific violations of the program.
If a retailer receives a SNAP violation letter, it’s important that they immediately contact an experienced attorney. There are only 10 days allowed for responding to the letter. If a response isn’t given within that time, the government will suspend the store’s right to accept EBT payments.
About the SNAP Program
The SNAP program is in place so that families who are in need are able to get food they might otherwise not be able to afford. Benefits are distributed through EBT cards. The benefits are only for general use and cannot be used to get cash back. EBT cards replaced food stamps in the 1990s and the program is nationwide and headed by the federal government.
There is a specific way in which the SNAP program is governed and there is a code of federal regulations. The FNS, a sub-agency of the USDA, is responsible for running the program and enforcing regulations.
What is a SNAP Violation?
There are a few ways that a retail store can be found guilty of SNAP legal violations. They occur when there is a specific violation of the rules, which include the following:
• If a store partakes in trafficking of SNAP benefits, it means the establishment fraudulently accepted benefits or allowed for the theft of SNAP benefits.
• The store accepted SNAP benefits for items that are not food, such as alcohol or tobacco.
• The store submitted false information on its applications to accept EBT benefits.
• If a store redeems more EBT transactions for food than regular food sales at the same time, it is a violation.
• Store employees took SNAP benefits from someone who was not allowed to use them.
How to Defend Against a SNAP Violation Letter
Hiring an attorney who is experienced in the area of managing SNAP violation letters is essential if you own a store that has been accused of committing one or more of these violations. When a violation letter is sent to a store, it should be considered the first steps by the USDA to remove its right to accept EBT benefits. A letter can come with or without warning at any time. It typically includes details of the violations as well as attached documents that show those violations.
A store owner has up to 10 days after receiving a violation letter to respond. When you seek the assistance of a lawyer, the attorney will handle all communications to the USDA, gather up all the necessary evidence and compose a response to the USDA.
It’s important to know that, even after the USDA has thoroughly reviewed a store’s response to a violation letter, the agency may still believe the store has committed a violation. If that happens, the USDA will send a second letter outlining its verdict as to whether or not to bar the store from accepting EBT benefits. The store has 10 days to respond to this decision as well. The attorney will file the necessary legal papers and notify the USDA that the store plans to appeal its decision.
If the USDA stands by its decision, the attorney will file a judicial review with the local federal court. This is like a regular court case that includes standard procedures, including discovery, motions and a trial.
Overall, the SNAP program can be tricky. EBT benefits have their limits and a good example is that people receiving those benefits cannot buy electronics. It’s wise for store owners to fully educate themselves to ensure that they know as much about the SNAP program as possible so that they can potential violations. However, if the store has already received a violation letter from the USDA, the best thing to do is to hire a SNAP violation lawyer at your earliest convenience.
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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