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SNAP VIOLATION DEFENSE · CHARLESTON
RETAIL STORES · EBT / SNAP

Charleston SNAP Violation Lawyers.

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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If you’re a retailer who accepts EBT at your grocery store, then it’s possible have been the recipient of a a notice from the USDA. This letter is most likely a SNAP violation notice, which is alleging you have violated the SNAP program. The government will attach a number of pages to the SNAP violation letter, which will have records of transactions which happened at your retail store that the USDA is saying is in violation of one or more categories of violations.

The first thing after you get a SNAP violation letter, you should definitely speak to our our legal team. It’s critical you understand, you only have 10 days to respond. If you don’t respond, the government will terminate/suspend your stores ability to accept EBT payments.

About The Program

This program helps families with a certain amount of money each month. The SNAP program benefits are distributed with an EBT card. The funds on the EBT card cannot legally be used for general use, and they cannot be used for fraudulent cash back services. The EBT cards took over for food stamps in the 1990’s and are issued in the state where the consumer lives. This program is run on a national level by the government.

The government and it’s parameters are under handled by the US Code and the Code of Federal Regulations. The USDA FNS agency enforces the regulations and runs the program.

What does it mean to have a SNAP violation

Snap violations happen if and when a retail store violates any of the rules below.

The retail store is accused ofthe trafficking of SNAP benefits. Examples of this is fraudulently accepting taking the benefits, or theft of the benefits.

The grocery store took SNAP benefits in exchange for nonfood items like alcohol, tobacco, or other goods.

The store submitted incorrect information on your store’s application to accept EBT benefits.

The grocery store took money for more EBT food stamps than sale of actual food at the same time.

Your employees have taken SNAP benefits from someone who isn’t eligible to use the benefits.

How we can help defend you against a SNAP violation notice

Our law firm has experience managing SNAP appeals letters. We can handle your SNAP Violation appeal in all phases of a SNAP violation action.

The charging letter is the first step taken by the USDA to remove your right to take EBT benefits. This comes with, or without, prior warnings and can happen at any time. The violation letter will have allegations in it, but most of them will outline serious allegations, with an attachment of details. Your response to the SNAP violation letter is due within 10 days. After you hire our law firm, we handle all of the communicationswith the USDA and for compiling all the necessary evidence, and drafting a response to the USDA.

After reviewing the store’s answer to the SNAP violation letter, the USDA might still feel that a violation has occurred. If that happens, they’ll will definitely send a second letter which outlines the governments legal verdict to suspend or disqualify the store based on the alleged violations. Like before, you have 10 days to appeal the verdict. If you don’t, then you’ll be stuck with the USDA decision. After you hire our firm, our team the appeal to notify them we are going to appeal their decision. We’ll gather necessary evidence, and our team will draft the necessary appeals briefs which contains all of the case law, legal evidence, etc. which is needed to overturn the decision.

In the event the USDA refuses to overturn the decision, in the Administrative Review, our lawyers will file a Judicial review at the local Federal Court. The Judicial Appeal is like a normal federal court case, where you’ll have to do standard processes like discovery, file motions, and have a trial. Our law firm can handle these cases in all 50 states.

SNAP Violations

As a grocery store retailer, there are many laws you have to adhere to for EBT. In most cases, many retail store owners have no issues adhering to them. However, the SNAP program can be tricky. SNAP handles the Electronic Benefits Transfer Card, and has limitations. For example, people getting SNAP benefits cant purchase electronic goods. If you violate the laws, you’ll get a SNAP violation letter. Snap violation penalties can result in severe and business crushing penalties. If it’s believed you did a major SNAP violation, then you may end up with either a permanent or temporary disqualification. In most cases, store owners didn’t even know SNAP violations are even occurring. Often, unethical employees who are misusing the SNAP EBT program. If you’re accused of a SNAP violation to consult with a SNAP violation lawyer in order to make sure you don’t have your benefits revoked.

When a SNAP violation letter is sent to your retail store, you have only ten days to respond to the claims. Your failure to respond to the violations will permanently crush your store. If you don’t respond the USDA will deliver a verdict even if you choose not to respond to the allegations. In the absence of a SNAP violation attorney, you cannot defend your store. Retaining a SNAP violation lawyer gives you a fighting change. Our SNAP appeals lawyers can fight the decision of the USDA and appeal any decision. The financial penalties imposed can be huge - to the tune of ten’s of thousands of dollars. The USDA on purpose chooses to impose huge fines to curb violations. The USDA look to see if you have a store compliance policy. The policy has to be in writing at the store and the policy must be when the allegations were filed.

The store owner also has to be able to prove the above mentioned policy was in place before the charge, and was not drafted after the violation letter. The USDA will also look to check if the owners benefited in any way from the fraud, or were aware of the violation. Any involvement of the management can lead to disqualification.

We highly recommend any grocery store owner that receives a allegation letter consult with a SNAP violation attorney. Failure can result in negative consequences. The USDA is required by Congress to issue a disqualification for a period of up to 5 years. This can result in huge losses which are hard to recover from.

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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IF A LETTER FROM FNS IS ON THE COUNTER
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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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