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Colorado Snap Violation Lawyers

If you accept EBT at your retail store, then it’s possible have gotten a letter of warning from the USDA. The notice is probably a SNAP violation letter, which is claiming you are in violation of the SNAP program. The government will attach a number of pages to the SNAP violation notice, which will contain transactions which happened at your store which the government is saying is in violation of one or more genres of violations.

After you get a SNAP violation notice, you should contact our legal team. Remember, you have only ten days to respond to the letter. If you choose to ignore, the government will suspend your grocery store’s ability to take EBT.

About The SNAP Program

The SNAP program helps families with funds to buy food each month. These benefits are given with an EBT card. The benefits on the EBT card aren’t for general use, and they cannot be used for fraudulent cash back services. The cards took the place of food stamps in the 1990’s and are issued by each state individually where the recipient lives. This program is operated on a national level by the government.

This federal and it’s parameters are governed by the United States Code and the Code of Federal Regulations. The USDA FNS agency enforces the regulations and runs the program.

What’s a SNAP Violation

Snap violations occur when a grocery store is in violation of the following rules.

The retail store was involved inthe trafficking of SNAP benefits. This can mean fraudulently accepting the benefits, or stealing the benefits.

Your grocery store accepted SNAP funds in exchange for nonfood items like alcohol, tobacco, or other goods.

The store submitted false info on the grocery stores application to accept EBT benefits.

Your grocery store took money for more coupons than sale of actual food during the same period.

Your employees took SNAP benefits from an unauthorized person who isn’t allowed to use the benefits.

How to defend your store against a SNAP violation

Spodek Law Group has experience managing SNAP appeals letters. We can handle your SNAP Violation appeal in all 3 phases of a SNAP Violation action.

Sending the violation letter is the first step taken by the USDA to remove your right to take EBT benefits. The letter can come with, or without, prior warnings and can appear at any time. The violation letter will contain allegations, but most letters will mention violations, and have attached documents detailing the violations. You have only 10 days to respond. After you hire Spodek Law Group, we handle all of the communicationswith the USDA and for compiling all the necessary evidence, and drafting a response to the USDA.

Once the USDA reviews your answer to the notice of violation, the USDA may still believe that your store has violated the rules. If that happens, the USDA will 100% issue a second letter which specifically states the governments decision to suspend or disqualify the retail store based on the alleged violations. You have 10 days to appeal this. If you don’t, you’ll be stuck with the USDA decision. After you hire our law firm, we file the appeal to notify them appeal the decision. Our lawyers collect necessary evidence, and our team will draft an appellate brief containing all of the case law, evidence, etc. which is critical to change the outcome of the violations.

In the event the USDA refuses to change 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 court case, where you’ll have to do standard processes like discovery, file motions, and have a trial. We can handle these cases in all 50 states.

SNAP Violations

As a grocery store retailer, there’s a lot of rules and regulations have to obey in order to accept EBT. In most normal situations, many retail store owners don’t run into problems. However, USDA’s 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. As a retailer, if you violate the laws, you should expect getting a SNAP violation letter. Penalties of violating SNAP can result in severe fines. If you conduct a serious SNAP violation, then you might end up with a temporary or permanent disqualification. In many situations, store owners didn’t even know the violations are even occurring. Often, it’s dishonest employees are misusing the SNAP EBT program. It’s helpful to discuss your case with a SNAP violation appeals lawyer in order to ensure sure you don’t have your benefits revoked.

When a charge letter is presented to your grocery store, you have only ten days to respond to the allegations. Your failure to respond to the violations will permanently harm your store. If you don’t respond the USDA will make a verdict even though you don’t respond to the allegations. In the absence of a SNAP violation attorney, you cannot defend your store. Retaining a SNAP violation lawyer gives you the ability to fight for your rights. Our SNAP appeals lawyers can challenge the findings of the USDA and appeal any decision. The penalties imposed can expensive – to the tune of ten’s of thousands of dollars. The USDA on purpose chooses to impose large fines to in order to curb future violations. The USDA will look to see if you have a store compliance policy in place. The policy must be in writing and in effect when the allegations were filed.

The retailer also be able to prove the compliance policy was in place before the charge, and was not drafted after the violation letter. The USDA will also look in order to check if the grocery store owners benefited in any way from the fraud, or were aware of the violation. If the managers were involved, it can lead to disqualification.

We highly recommend any store owner that gets a violation letter speak to with a SNAP violation attorney. Choosing not to respond 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.

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