§ 2024. — Violations and enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC2024]
TITLE 7--AGRICULTURE
CHAPTER 51--FOOD STAMP PROGRAM
Sec. 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.
(Pub. L. 88-525, Sec. 15, Aug. 31, 1964, 78 Stat. 708; Pub. L. 91-671,
Sec. 8, Jan. 11, 1971, 84 Stat. 2052; Pub. L. 93-347, Sec. 2, July 12,
1974, 88 Stat. 341; Pub. L. 95-113, title XIII, Sec. 1301, Sept. 29,
1977, 91 Stat. 975; Pub. L. 96-249, title I, Sec. 124, May 26, 1980, 94
Stat. 363; Pub. L. 97-98, title XIII, Sec. 1324, Dec. 22, 1981, 95 Stat.
1288; Pub. L. 101-624, title XVII, Secs. 1747(a), (c), 1748, 1749, Nov.
28, 1990, 104 Stat. 3796, 3797; Pub. L. 104-193, title VIII, Sec. 846,
Aug. 22, 1996, 110 Stat. 2334.)
Amendments
1996--Subsec. (g). Pub. L. 104-193, Sec. 846(a), struck out ``or
intended to be furnished'' after ``that are furnished''.
Subsec. (h). Pub. L. 104-193, Sec. 846(b), added subsec. (h).
1990--Subsec. (b)(1). Pub. L. 101-624, Sec. 1748, inserted ``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,''
after ``chapter shall'', and inserted ``but less than $5,000,'' after
``$100 or more'' in two places.
Pub. L. 101-624, Sec. 1747(a), substituted ``, authorization cards,
or access devices in any manner contrary to'' for ``or authorization
cards in any manner not authorized by'', and inserted ``or if the item
used, transferred, acquired, altered, or possessed is an access device
that has a value of $100 or more,'' after ``a value of $100 or more,'',
and inserted ``or if the item used, transferred, acquired, altered, or
processed is an access device that has a value of less than $100,''
after ``a value of less than $100,''.
Subsec. (c). Pub. L. 101-624, Sec. 1749, substituted ``$20,000'' for
``$10,000'' in two places.
Subsec. (g). Pub. L. 101-624, Sec. 1747(c), substituted ``,
authorization cards or access devices, or anything of value obtained by
use of an access device, in any manner contrary to'' for ``or
authorization cards in any manner not authorized by''.
1981--Subsec. (b). Pub. L. 97-98 designated existing provision as
par. (1), inserted provisions specifying the minimum and maximum
sentences for the second and any subsequent convictions for felonies and
misdemeanors and provision authorizing the court to suspend a person
convicted of a felony or misdemeanor under this subsection 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, and added par. (2).
Subsec. (c). Pub. L. 97-98 inserted provisions specifying the
minimum and maximum sentences for the second and any subsequent
convictions for felonies and misdemeanors and provision authorizing the
court to suspend a person convicted of a felony or misdemeanor under
this subsection 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.
1980--Subsec. (g). Pub. L. 96-249 added subsec. (g).
1977--Pub. L. 95-113 substituted revised provisions relating to
violations and enforcement for provisions relating to the State
financing of administrative costs which are now covered by section 2025
of this title.
1974--Pub. L. 93-347 authorized the Secretary of Agriculture to pay
each State agency 50 percent of all the State agency's costs in
administering the Food Stamp Program and required that each State make
reports from time to time at the request of the Secretary of Agriculture
on the effectiveness of the administration of the Food Stamp Program in
that State.
1971--Subsec. (b). Pub. L. 91-671 struck out ``cooperate with State
agencies in the certification of households which are not receiving any
type of public assistance so as to insure the effective certification of
such households in accordance with the eligibility standards approved
under the provisions of section 2019 of this title. Such cooperation
shall include payments to State agencies for part of the cost they incur
in the certification of such households'' after ``is authorized to'',
and in providing for payments to State agencies, increased percentage
from 50 to 62\1/2\, and substituted cl. (1) provisions for travel and
travel-related cost of personnel for such time as they are employed in
taking the action required under section 2019(e) of this title and in
making certification determinations for households other than those
which consist solely of recipients of welfare assistance for prior cl.
(1) for direct salary costs of personnel used to make interviews and
such postinterview investigations as are necessary to certify
eligibility of such households, for periods of employment, in certifying
the eligibility of such households; cl. (2) respecting direct salary,
travel, and travel-related costs (including such fringe benefits as are
normally paid) of personnel for time of employment as hearing officials
under section 2019(e) of this title for prior cl. (2) respecting travel
and related costs incurred by personnel in postinterview field
investigations of households, and deleted cl. (3) for an amount not to
exceed 25 per centum of the costs computed under former cls. (1) and
(2).
Effective Date of 1981 Amendment
Amendment by Pub. L. 97-98 effective on earlier of Sept. 8, 1982, or
date such amendment became effective pursuant to section 1338 of Pub. L.
97-98, set out as a note under section 2012 of this title, see section
192(b) of Pub. L. 97-253, set out as a note under section 2012 of this
title.
Amendment by Pub. L. 97-98 effective upon such date as Secretary of
Agriculture may prescribe, taking into account need for orderly
implementation, see section 1338 of Pub. L. 97-98, set out as a note
under section 2012 of this title.
Effective Date of 1977 Amendment
Section 1301 of Pub. L. 95-113 provided that the amendment made by
that section is effective Oct. 1, 1977.
Section Referred to in Other Sections
This section is referred to in sections 2015, 2016 of this title;
title 18 section 1956; title 26 section 6109; title 42 section 405.
