Raleigh 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.
Netflix told the story. The defense was ours.
When Shonda Rhimes built Inventing Anna, the defense at its center was Todd Spodek’s - argued for the so-called fake heiress in a Manhattan courtroom long before Arian Moayed of Succession played him on screen. What 320 million hours of viewers watched is the method every client of this firm gets - including the store owner with a charge letter on the counter.
The record behind the retainer.
SNAP, or the Supplemental Nutrition Assistance Program, is a federally-run program that provides supplemental nutrition benefits to those who meet age, income, and/or disability requirements. Beneficiaries are provided with an electronic benefit transfer, or EBT, card that looks like a debit card and can be used to pay for food items only; it replaced the food stamp program of the 1990's. EBT cards are issued by the state the beneficiary lives in, even though it's a federally-run program.
Any retailer who has been approved by the federal government as a qualified retailer can accept EBT cards. SNAP benefits are to be used for food and non-alcoholic beverages only, they are not to be used for cash back, tobacco products, or alcohol.
SNAP Program Fraud
Unfortunately, the program is inherently open to fraudulent transactions or allegations of fraud, which are prosecuted by the federal government.
The U.S. Department of Agriculture, or USDA uses data mining and algorithms in conjunction with local police cooperation to uncover EBT abuse. When a retailer is suspected of one or more SNAP violations, he or she will receive a letter from the USDA along with pages of alleged infractions. It's up to the retailer to refute or affirm the validity of the allegations. Violations can include:
- Application falsification
- Benefit theft
- Fraudulently accepting EBT
- Giving cash back on EBT
- Illegally accepting EBT from a non-qualified purchaser
- Submitting more EBT receipts than total store sales
- Use of EBT for prohibited items
Violation Letters
Retailers who have received a notice of SNAP violation from the USDA should immediately contact an attorney who specializes in defending against SNAP Violations. Notices of violation can appear with or without warning. The retailer need not be aware of any intentional violations, but this type of letter is the first notice that the USDA intends to remove the merchant's ability to accept EBT. Typically, there will be several pages of documentation attached to the letter. These pages will detail the transactions that are allegedly fraudulent and will usually specify the violations alleged.
A response is usually required within ten days of receipt of the letter of violation, so it's imperative to obtain legal representation immediately. Failure to respond can have dire consequences.
After receiving the merchant's response to its notice of violation, the USDA may conclude the matter or they may decide to pursue further action. If further action will be forthcoming, the merchant will receive another letter stating their intentions, which can include legal action, suspension of their ability to accept EBT, or other action that the USDA deems necessary.
As in the case of the first notice, the merchant will have ten days to respond to the second notice from the USDA. This response may include reasons for the USDA to amend or invalidate its previous ruling against the merchant, or it may include other information. Either way, it's essential to respond to all notices received from the USDA. Failure to respond may invalidate some of the merchant's rights with the USDA.
The USDA may, at its option, refuse to amend its decision. If such is the case, additional legal action can be taken up to and including a trial. Although these are routine matters to skilled attorneys, a merchant shouldn't undertake them without legal representation.
Legal Representation For SNAP Violations
Our law firm has more than 50 years of experience in representing merchants who have received letters of SNAP violation from the USDA. We know that the multitude of rules and regulations governing the SNAP program are complex and sometimes difficult to interpret. Sometimes, a retailer is unaware that he or she has committed a violation of the SNAP program rules. The degree of the fine and the length of the suspension can vary depending upon the degree of involvement of the merchant's principal parties. For this reason alone, you need to have a reputable, experienced law firm representing you.
Our decades of experience in federal defense make us the law firm you need if you've received a notice of violation. We have offices nationwide, so if you have receive a notice of violation, you shouldn't waste any time contacting our office.
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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Tell us what arrived and when. The intake team will identify conflicts and the right next step. If a deadline runs this week, call.
212 300 5196