YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW INVENTING ANNA
When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.
Transfer of Ownership Civil Money Penalty (TOCMP)
The Transfer of Ownership Civil Money Penalty (TOCMP)
The Transfer of Ownership Civil Money Penalty is paid by retailers who sell or transfer property that is disqualified from the Supplemental Nutrition Assistance Program (SNAP). The disqualification will be for a reasonable period if the retailer has committed the offense for the first time. This period will be a minimum of six months and not more than five years. The period will not be less than a year and not more than ten years on the second occasion. The Secretary decides the civil money penalty. The penalty will be double the penalty that is provisioned for a disqualification that lasts for ten years if the disqualification is permanent. A retailer could be disqualified permanently if the personnel submitted false information during the time of application. The offense will result in permanent disqualification if it is committed for the third time.
Owner Responsibility
The owner will be fined the TOCMP if they sell or transfer the store to another party. This happens if an owner is disqualified from participating in the SNAP program. The USDA can assess the penalty that is raised against the retailer if they have been disqualified. The Food and Nutrition Act of 2008 specifies the action that will be taken if this happens. The person or entity that sells the property will be liable to a civil money penalty according to the act. The Civil Money Penalty is dependent on the SNAP Regulations. The USDA has the right to disclose the information about a particular retailer if they fail to pay the penalty. The authority also reserves the right to disclose information when a retailer is sanctioned or disqualified. The information can be provided to other federal agencies and collection companies that the retailer owes debts. The social security numbers and the EIN are used to collect additional information. The Department of Agriculture can refer matters to the Department of Justice and the debts to the Treasury Department. Other agencies that they can refer the retailer include consumer reporting agencies.
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
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.
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!
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
Payment and Installments
The retailer in question can hand in a written request to the chief administrative review branch of the Department of Agriculture. This must be submitted within ten days of receiving the notification letter. The offender can pay the penalty in installments or as a lump sum. It is a requirement that the penalty is paid in full. One can choose the payment plan within two weeks of receiving the letter. Interest on the penalty is collected by the authority 30 days after the retailer receives notification. The USDA is bounded by the regulations when it comes to processing a payment plan. The longest period that is allowable is five years, and the sum is paid in sixty installments. The discretion of the authority does not allow them to reduce the penalty that one has to pay. They are able to reduce the CMP by a little bit in a payment plan. The amount that is levied is treated as taxable income. One will pay the income taxes on the levy.
Effect of Penalty
The disqualification period will continue to be in effect even when the civil penalty has been paid. Retailers who fail to pay the penalties will be removed from the SNAP program. The fine is calculated according to the Average Monthly SNAP redemption of the firm in the preceding 12 months. 10% of the AMR is multiplied by the number of months in the period of disqualification. The fine is capped at $100,000 if the sum exceeds the penalty. A civil action can be instituted by the Attorney General if one fails to pay the penalty. This will be done by a district court that applies to where the party resides or does business. The buyer or transferee of the store will not be required to pay the penalty. The guilty party must present a letter of credit or a collateral bond within the first 15 days.
Interest and Disqualification
The interest on the penalty is only 1% when you choose a payment plan. The interest rate is not fixed and can be changed by the USDA at any time. The period in the payment plan should be shorter because the penalty is a substitute for the disqualification. The payment plan will be to pay the full sum inclusive of interest within twelve months if the disqualification period is one year.
Disqualification Conditions and Exceptions
A firm will be disqualified from the CMP if they do not pay any amount of the penalty. The firm will be disqualified for a period that corresponds to the period of the unpaid part of the penalty. This is if the retailer does not pay the amount in full or they do not complete the installments. The firm will be disqualified for the period that is prescribed if it does not present the bond or the letter of credit. The civil money penalty will be reinstated for the period of disqualification.
Civil Money Penalty Conditions
The retailer may provide essential food items and the disqualification could be replaced with a civil money penalty. This can also be done if the disqualification leads to hardship on households that participate in the SNAP program if there is no authorized store in the area that provides these items at a fair price. Some stores may meet this criterion. The stores may not be considered if they had been sanctioned in the past. This is because the stores will have committed the offense for the second time.
A warning letter is not considered to be a sanction. The disqualification and the civil money penalty will be considered as sanctions in this case. A CMP can be imposed if the retailer shows that they had a compliance policy that was designed to prevent them from violating the law. This is not easy because one has to provide enough evidence to show that they attempted to be compliant. A firm can pay the penalty in place of the permanent disqualification if they are awaiting a judicial decision.
