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U.S. Code as of:
01/03/05
Section 2024. Violations and enforcement
(a) Coupon redemption
Notwithstanding any other provision of this chapter, the
Secretary may provide for the issuance or presentment for
redemption of coupons to such person or persons, and at such times
and in such manner, as the Secretary deems necessary or appropriate
to protect the interests of the United States or to ensure
enforcement of the provisions of this chapter or the regulations
issued pursuant to this chapter.
(b) Unauthorized use, transfer, acquisition, alteration, or
possession of coupons or authorization cards; restitution by
convicted individuals
(1) Subject to the provisions of paragraph (2) of this
subsection, whoever knowingly uses, transfers, acquires, alters, or
possesses coupons, authorization cards, or access devices in any
manner contrary to this chapter or the regulations issued pursuant
to this chapter shall, if such coupons, authorization cards, or
access devices are of a value of $5,000 or more, be guilty of a
felony and shall be fined not more than $250,000 or imprisoned for
not more than twenty years, or both, and shall, if such coupons or
authorization cards are of a value of $100 or more, but less than
$5,000, or if the item used, transferred, acquired, altered, or
possessed is an access device that has a value of $100 or more, but
less than $5,000, be guilty of a felony and shall, upon the first
conviction thereof, be fined not more than $10,000 or imprisoned
for not more than five years, or both, and, upon the second and any
subsequent conviction thereof, shall be imprisoned for not less
than six months nor more than five years and may also be fined not
more than $10,000 or, if such coupons or authorization cards are of
a value of less than $100, or if the item used, transferred,
acquired, altered, or processed is an access device that has a
value of less than $100, shall be guilty of a misdemeanor, and,
upon the first conviction thereof, shall be fined not more than
$1,000 or imprisoned for not more than one year, or both, and upon
the second and any subsequent conviction thereof, shall be
imprisoned for not more than one year and may also be fined not
more than $1,000. In addition to such penalties, any person
convicted of a felony or misdemeanor violation under this
subsection may be suspended by the court from participation in the
food stamp program for an additional period of up to eighteen
months consecutive to that period of suspension mandated by section
2015(b)(1) of this title.
(2) In the case of any individual convicted of an offense under
paragraph (1) of this subsection, the court may permit such
individual to perform work approved by the court for the purpose of
providing restitution for losses incurred by the United States and
the State agency as a result of the offense for which such
individual was convicted. If the court permits such individual to
perform such work and such individual agrees thereto, the court
shall withhold the imposition of the sentence on the condition that
such individual perform the assigned work. Upon the successful
completion of the assigned work the court may suspend such
sentence.
(c) Presentation for payment or redemption of coupons that have
been illegally received, transferred, or used
Whoever presents, or causes to be presented, coupons for payment
or redemption of the value of $100 or more, knowing the same to
have been received, transferred, or used in any manner in violation
of the provisions of this chapter or the regulations issued
pursuant to this chapter, shall be guilty of a felony and, upon the
first conviction thereof, shall be fined not more than $20,000 or
imprisoned for not more than five years, or both, and, upon the
second and any subsequent conviction thereof, shall be imprisoned
for not less than one year nor more than five years and may also be
fined not more than $20,000, or, if such coupons are of a value of
less than $100, shall be guilty of a misdemeanor and, upon the
first conviction thereof, shall be fined not more than $1,000 or
imprisoned for not more than one year, or both, and, upon the
second and any subsequent conviction thereof, shall be imprisoned
for not more than one year and may also be fined not more than
$1,000. In addition to such penalties, any person convicted of a
felony or misdemeanor violation under this subsection may be
suspended by the court from participation in the food stamp program
for an additional period of up to eighteen months consecutive to
that period of suspension mandated by section 2015(b)(1) of this
title.
(d) Coupons as obligations of the United States
Coupons issued pursuant to this chapter shall be deemed to be
obligations of the United States within the meaning of section 8 of
title 18.
(e) Failure to provide monthly operations report; violation of
regulations; delivery and control procedures
Any coupon issuer or any officer, employee, or agent thereof
convicted of failing to provide the report required under section
2016(d) of this title or of violating the regulations issued under
section 2016(d) and (e) of this title shall be fined not more than
$1,000 or imprisoned for not more than one year, or both.
(f) Liability for financial losses involved in acceptance, storage,
and issuance of coupons
Any coupon issuer or any officer, employee, or agent thereof
convicted of knowingly providing false information in the report
required under section 2016(d) of this title shall be fined not
more than $10,000 or imprisoned not more than five years, or both.
(g) Forfeiture of property involved in illegal food stamp
transactions
The Secretary may subject to forfeiture and denial of property
rights any nonfood items, moneys, negotiable instruments,
securities, or other things of value that are furnished by any
person in exchange for coupons, authorization cards or access
devices, or anything of value obtained by use of an access device,
in any manner contrary to this chapter or the regulations issued
under this chapter. Any forfeiture and disposal of property
forfeited under this subsection shall be conducted in accordance
with procedures contained in regulations issued by the Secretary.
(h) Criminal forfeiture
(1) In general
In imposing a sentence on a person convicted of an offense in
violation of subsection (b) or (c) of this section, a court shall
order, in addition to any other sentence imposed under this
section, that the person forfeit to the United States all
property described in paragraph (2).
(2) Property subject to forfeiture
All property, real and personal, used in a transaction or
attempted transaction, to commit, or to facilitate the commission
of, a violation (other than a misdemeanor) of subsection (b) or
(c) of this section, or proceeds traceable to a violation of
subsection (b) or (c) of this section, shall be subject to
forfeiture to the United States under paragraph (1).
(3) Interest of owner
No interest in property shall be forfeited under this
subsection as the result of any act or omission established by
the owner of the interest to have been committed or omitted
without the knowledge or consent of the owner.
(4) Proceeds
The proceeds from any sale of forfeited property and any monies
forfeited under this subsection shall be used -
(A) first, to reimburse the Department of Justice for the
costs incurred by the Department to initiate and complete the
forfeiture proceeding;
(B) second, to reimburse the Department of Agriculture Office
of Inspector General for any costs the Office incurred in the
law enforcement effort resulting in the forfeiture;
(C) third, to reimburse any Federal or State law enforcement
agency for any costs incurred in the law enforcement effort
resulting in the forfeiture; and
(D) fourth, by the Secretary to carry out the approval,
reauthorization, and compliance investigations of retail stores
and wholesale food concerns under section 2018 of this title.
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