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Philadelphia Snap Violation Lawyer

The United States spends approximately $1 trillion in welfare initiatives. One of the welfare programs that have been under a lot of scrutiny is the Supplemental Nutrition Assistance Program. This program’s budget of $70 billion provides essential food to up to 40 million low income Americans. However, since its inception, the SNAP program has been riddled with fraud, one of the reasons law makers are seeking to either cut budget spending on the initiative, or do away with the program. Here is a look at a basic background of the snap program, what a snap violation is, the different phases of a snap violation action, and the penalties for food stamp fraud,

Background Of The snap Program

The Supplemental Nutrition Assistance Program is an initiative that provides a fixed value of monetary food benefits to participants on a monthly basis. Participants of the program utilize these benefits by means of an Electronic Benefits Transfer (EBT) card. The EBT cards were introduced as a replacement of food stamps which were used in the 90s. The EBT card is similar to a debit card except for the fact that the card is not for general use and is not applicable for cash-back services.

The snap program is monitored on a national level by the federal government and implemented by individual states. The initiative is governed by the Code of Federal Regulations and the United States Code. The United States Department of Agriculture’s Food and Nutrition Service (FNS) is responsible for enforcing the regulations of the snap initiative.

What Is A snap Violation?

A snap violation happens when a store authorized with dealing in SNAP benefits is involved in any of the following offenses:

Trafficking of snap benefits. This means accepting fraudulent benefits or stealing these benefits.

Accepting snap benefits and giving out non-food items, like tobacco, alcohol, or any unqualified goods, in exchange.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Submitting false information on the store’s application to receive EBT benefits.

If a store’s coupon redemption for a certain duration of time is more than its food sales during the same period

Employees from the store receive snap benefits from persons who are not legally authorized to use these benefits

If a store offers credit to a customer and receives EBT benefits as compensation

If a store is disqualified from participating in the WIC program

The Phases Of A snap Violation Action

Charging Letter

The first move by the USDA against retailers charged with a snap violation is serving them a charging letter. This letter outlines different allegations and the consequences of these charges. The accused is required to respond to a violation letter within ten days. The lawyer of the accused will normally respond to this letter by defending their client’s position and proving why they are innocent.

Administrative Appeal

If the USDA is not satisfied with the offender’s answer to the charging letter and still believes they violated the terms of the snap program, it will issue a second letter declaring its decision to disqualify or suspend the store from the program. The accused will have ten days to appeal to this verdict. Failure to respond to this decision will result in the store being disqualified from the snap program.

The snap violation lawyer representing the store will usually respond by declaring their intention to challenge USDA’s decision. They are required to draft an appellate brief with all the evidence, case law, federal and regulatory code, and any relevant information that demonstrates that USDA’s decision was wrong.

Judicial Appeal

If USDA does not overturn its initial decision even after an administrative appeal, the store’s lawyer may file a Judicial Review. A Judicial Appeal is the same as a normal case. This means the accused has the opportunity to go through the normal case stages of discovery, filing motions, and going to trial.

Penalties For A snap Violation

Before punishing a store or firm for a snap violation, USDA normally considers the nature and severity of the violations committed, any prior action that the agency had taken to warn the firm about the violations, and any evidence pointing to the firm’s intention to violate the snap regulations. The main penalties for a SNAP violation are:

Permanent disqualification from the program

A five year suspension from the program

A three year suspension from the program

A one year suspension from the program

A six month suspension from the program

snap civil money penalty

Under certain circumstances, a store may be subjected to a SNAP civil money penalty. In order to reduce the impact on a business facing suspension or disqualification from the snap program, the USDA begun charging fines to the business instead of suspending it from the initiative. The cap on civil money penalties is $59,000. The calculation for individual penalties is based on a store’s EBT transaction information. In many cases, the charging letter will indicate the amount of civil money penalty required from the business in question.

How Does A Business Qualify For snap Civil Money Penalties?

The rules regarding SNAP civil money penalties are highlighted in the United States Code and SNAP Regulations. To qualify for money penalties:

A business must have a snap compliance policy. This means that a store’s employee handbook should have guidelines on snap benefits. These guidelines should be updated on a regular basis.

The business needs to prove that their compliance policy existed before the violations took place.

A business should have a training program. This means the store should have a written training program that covers how and when EBT benefits should be accepted. There should be a record bearing the signature of all the employees who have finished the training.

The owners and the senior management of the business should not be among the beneficiaries of any snap violations.

The snap program is a commendable effort by the U.S. government to help families that are unable to meet their basic food requirements. However, despite all the good intentions of the initiative, some of the beneficiaries are fraudsters who have found a way to rip from the weaknesses of the program. The USDA is charged with investigating snap violations and charging the involved parties accordingly. If your store has been wrongfully charged with a snap violation, consult an attorney to determine your legal options.

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