Seattle 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.
Our law firm represents many owners and operators of small businesses that sell food products to members of the general public who receive benefits from the Supplemental Nutrition Assistance Program. Store owners who wish to participate in this program must apply to do so with the U.S. Department of Agriculture (USDA). Being approved to do so grants the privilege of accepting Electronic Benefit Transfer (EBT) cards from SNAP recipients in lieu of cash. Stores are required to follow strict compliance regulations in order to maintain their privilege. Our recommendation for these owners and operators is to implement a detailed plan along with procedures to protect against allegations of failing to comply with applicable USDA rules and regulations governing SNAP. All employees should be fully advised of the plan and procedures and trained accordingly.
Charging SNAP violations
Some store owners don't recognize the importance of putting SNAP plans and procedures in place, and others might ignore our advice. After an audit or even an undercover investigation, this can lead to allegations by the USDA of SNAP trafficking. If such accusations are made, the USDA issues a written notice known as a charge or violation letter that serves to put the store owner or operator on notice of the alleged violations. The letter will be accompanied by a list of the violations alleged. Some common violations involve:
- Accepting SNAP benefits for items like liquor or cigarettes that aren't food products
- Accepting benefits from a person who is not legally using them
- Offering or giving a credit in return for EBT benefits
- SNAP benefit purchases over a set period of time exceeding the value of food sold over the same period of time
- Knowing material misrepresentations being made on an application to be a SNAP provider
Responding to the charge
As a store owner or operator, you have a mere 10 days from receipt of a charge letter to respond to it. Like any other claim, lawsuit, or demand against you, a timely careful response to the USDA allegations must be made. Should you fail to forward a response within that 10 days, a defense is effectively waived, and the USDA will render a one-sided ruling against you. That ruling is almost certain to include being suspended or disqualified from participation in the SNAP program. Remember that participation is a privilege as opposed to a right. A privilege can be revoked at any time.
The Three Stages
All of this might sound insurmountable, but you do have the right to due process of law. The first stage in a SNAP claim involves the mailing of the charge or violation letter by the USDA that is accompanied by appropriate documentation. The second stage involves your response. You already know what can happen if you fail to file a response. If a significant percentage of your business involves SNAP transactions, given the low profit margin of food products, you can be put out of business in short order. We strongly recommend forwarding a timely response in order to keep your business alive. If after receiving your response, the USDA persists in its allegations against you, a petition for administrative review can be brought on your behalf in federal court.
Employee Misconduct
Should you become aware of SNAP violations by your employees, we encourage you to report them, but contact us first to protect your rights. If a SNAP charge is brought against you, contact our offices for a free consultation right away. Don't delay in contacting us either. Remember that you have only 10 days from the date of your receipt of the USDA charge notice to respond to its allegations against you. Failure to file a timely response can result in severe consequences for you and your business.
Our law firm represents owners and operators of businesses who are accused of SNAP violations efficiently and effectively. We can defend you no matter where you are located in the United States. Our objective is to preserve your business while preventing you from being disqualified from participating in the SNAP program. If you receive a SNAP charge violation notice, contact us immediately.
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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212 300 5196