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SNAP VIOLATION DEFENSE · VIRGINIA BEACH
RETAIL STORES · EBT / SNAP

Virginia Beach 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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If you're participating in the Supplemental Nutrition Assistance Program (SNAP), and you receive a violation notice from the United States Department of Agriculture (USDA), you'll want to arrange for a free consultation with a SNAP violation defense attorney from our office immediately. The law only allows you 10 days to respond to this notice. Accompanying the notice will be exhibits of any transactions that the USDA believes to be prohibited. If you fail to timely respond to the notice, it's highly likely that the USDA will suspend or terminate your privilege of being able to accept Electronic Benefit Transfers (EBT) as payment for food. Given the small profit margins that local retailers have, that can put you out of business.

Investigations and Enforcement are Increasing 

USDA investigations and SNAP EBT violation allegations have increased dramatically. The USDA's Food and Nutrition Service (FNS) enforces the rules and regulations on behalf of the USDA. The FNS has now assembled a team of more than 100 compliance and enforcement personnel for purposes of analyzing data and conducting undercover operations in conjunction with state law enforcement agencies.

Did You Receive a Violation Notice From the USDA?

Pursuant to USDA regulations, only qualified businesses can exchange EBT for food. Use of EBT for purchases of things like alcohol, tobacco products, electronic items or even school supplies or pet food is against the law. A merchant who accepts SNAP benefits in exchange for prohibited products commits SNAP benefits trafficking. The majority of SNAP trafficking cases involve exchanging those benefits for cash. A pattern of such transactions will eventually be picked up by the USDA, and a violation letter will issue. That pattern might result in a merchant's permanent disqualification from participation in SNAP.

Examples of Violations

The owner of a store might be guilty of violating SNAP trafficking regulations if he or she:

  • Exchanges SNAP benefits for products that don't qualify for the benefits
  • Has SNAP transactions that are greater than sale of food items over a period of time
  • Offers a credit to a customer in return for benefits
  • Has one or more employees who accept benefits from a person who is not eligible for them
  • Has intentionally misrepresented material information on its application to process EBT benefits

If you find that an employee is guilty of violating SNAP trafficking regulations, you should contact our offices immediately.

The Three Phases of a SNAP Claim

The first phase of a SNAP claim begins with the notice of SNAP violations from the USDA. It demands that you respond within ten days of your receipt thereof. Upon being retained by you, all communication with the USDA will be through our offices as your attorneys. Expect our formal response to the allegations against you to be accompanied by evidence that supports your defense. In the second phase, the USDA might persist in its allegations. Should that occur, we can file an administrative appeal for you. If the USDA refuses to reverse itself after an administrative appeal, we can invoke the third stage of your rights by filing a petition for administrative review in federal court.

Our law firm represents individuals across the United States who have been accused of SNAP trafficking. We can become involved from the time of receipt of a violation notice until such time as the government's claim reaches final disposition. Our objective is to have you continue to do business while preventing you from being disqualified from doing business through SNAP. Remember that you only have 10 days to respond to a letter notifying you of alleged SNAP violations. Failure to timely respond can result in suspension or disqualification as a participant in the program. Fines in tens of thousands of dollars can be assessed. It's also possible to face criminal charges for some SNAP violations. Protect your business and your future by taking necessary and timely action. Contact us immediately for a free consultation and evaluation.

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
The response window is 10 days - and the strongest option expires with it.
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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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THE 10-DAY CLOCK RUNS FROM DELIVERY, NOT FROM WHEN THE LETTER IS OPENED OR CALL 212 300 5196
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