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SNAP VIOLATION DEFENSE · INDIANAPOLIS
RETAIL STORES · EBT / SNAP

Indianapolis 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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As more retailers now accept EBT payments at their stores, the possibility of fraud surrounding those payments has grown. Because of this, the USDA strictly enforces the rules surrounding these payments, which are part of the SNAP program. For retailers who receive letters informing them of possible SNAP violations, it's something that should not be taken lightly. With a variety of penalties that are possible, it's important to speak with an attorney who has experience dealing with these cases. By doing so, those facing allegations from the USDA will have a greater understanding of what's at stake.

The Specifics of SNAP

Known originally as the Food Stamp program, the SNAP program is designed to provide families with money each month to purchase food. Using an EBT debit card, they purchase only food and nothing else with the card. However, there are times when the cards may be used in a fraudulent manner for cash back services. If this happens at your store, the USDA will send you a letter informing you of their investigation, which could lead to penalties that could threaten the existence of your business. Because of this, any notice from the USDA should have you immediately speaking with a SNAP violation lawyer, since time will be of the essence in this matter.

SNAP Violations

For retailers who accept EBT payments, there are numerous violations that can take place. Some of the most common are:

--Accepting SNAP benefits from customers not allowed to use them

--Redeeming more EBT payments than actual food sold

--Submitting false information on your EBT payment application

--Accepting SNAP benefits for nonfood items, which may include alcohol or tobacco

--Participating in or having knowledge of fraudulent use or theft of EBT benefits

If the USDA determines any of these violations happened at your store, you will receive a letter stating the alleged violations and giving you only 10 days to respond. If you choose not to respond, the USDA will rule on your case regardless, and will almost always find you guilty. Therefore, it's imperative you don't ignore these letters, and instead contact a SNAP violation lawyer as soon as possible to discuss your situation.

Defending Yourself Against SNAP Violations

Since the consequences of SNAP violations can put your business at risk, working with an experienced and knowledgeable SNAP violation lawyer is of the utmost importance. Fortunately, once you begin working with an attorney, you will realize there are many legal options regarding your case. To begin with, you will no longer have to handle communications with the USDA yourself, since your lawyer will handle this. In addition, your attorney will immediately begin to gather evidence to support your case and draft a response. If your initial response is denied, the USDA will allow you 10 days to appeal. Again, your attorney will submit evidence in a response, which could also be denied. However, all is not lost. If the appeal is denied, your attorney will then file for a Judicial Review, which is essentially a trial to be held in federal court. By doing so, your lawyer will be able to use a variety of legal techniques in your favor, such as filing various motions, doing discovery, and preparing appropriate legal strategies to be used at trial.

Consequences of SNAP Violations

If you are found guilty of SNAP violations, the consequences can be such that your store may be forced out of business. For starters, the USDA will likely fine you thousands of dollars, which may put your business in severe financial difficulty. And along with this, the government may decide to issue a temporary or permanent disqualification to your store regarding the acceptance of EBT payments. In these situations, the disqualification could last for as long as five years, which could hinder profits enough that you are forced to close.

Hire an Attorney

Rather than go it alone in these complex cases, it's best to hire an attorney who understands the possibilities involved in these situations. Instead of ignoring the alleged allegations and letting the USDA potentially put you out of business, let a skilled SNAP violation lawyer help you prove your innocence and protect your reputation as well as your 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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