All Agencies, Latest Month All Agencies, Current FY Geographic Distribution
of Convictions for
All Agencies, FY 2014
1 Prosecution
in August 2014
53 Prosecutions
in Fiscal Year 2014
2 Convictions
in August 2014
63 Convictions
in Fiscal Year 2014

CITE

    7 USC Sec. 2024                                             01/05/2009

EXPCITE

    TITLE 7 - AGRICULTURE
    CHAPTER 51 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

HEAD

    Sec. 2024. Violations and enforcement

STATUTE

    (a) In general
      Notwithstanding any other provision of this chapter, the
    Secretary may provide for the issuance or presentment for
    redemption of benefits 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 benefits
      (1) Subject to the provisions of paragraph (2) of this
    subsection, whoever knowingly uses, transfers, acquires, alters, or
    possesses benefits in any manner contrary to this chapter or the
    regulations issued pursuant to this chapter shall, if such benefits
    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 benefits 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 (!1) benefit
    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 benefits are of a value of less than $100, or if the item
    used, transferred, acquired, altered, or processed is an (!1)
    benefit 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
    supplemental nutrition assistance 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 benefits that have
      been illegally received, transferred, or used
      Whoever presents, or causes to be presented, benefits 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 benefits 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 supplemental
    nutrition assistance 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) Benefits as obligations of the United States
      Benefits 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) Forfeiture of property involved in illegal benefit 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 benefits, 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.
    (f) 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.

SOURCE

    (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;
    Pub. L. 110-234, title IV, Secs. 4001(b), 4115(b)(10), May 22, 2008
    122 Stat. 1092, 1107; Pub. L. 110-246, Sec. 4(a), title IV, Secs.
    4001(b), 4115(b)(10), June 18, 2008, 122 Stat. 1664, 1853, 1869.)

CODIFICATION

      Pub. L. 110-234 and Pub. L. 110-246 made identical amendments to
    this section. The amendments by Pub. L. 110-234 were repealed by
    section 4(a) of Pub. L. 110-246.

AMENDMENTS

      2008 - Subsec. (a). Pub. L. 110-246, Sec. 4115(b)(10)(A),
    substituted "benefits" for "coupons".
      Subsec. (b)(1). Pub. L. 110-246, Sec. 4115(b)(10)(B), substituted
    "possesses benefits" for "possesses coupons, authorization cards,
    or access devices", "such benefits are of a value of $5,000" for
    "such coupons, authorization cards, or access devices are of a
    value of $5,000", "such benefits are of a value of $100" for "such
    coupons or authorization cards are of a value of $100", and "such
    benefits are of a value of less than $100" for "such coupons or
    authorization cards are of a value of less than $100", and
    substituted "benefit" for "access device" in two places.
      Pub. L. 110-246, Sec. 4001(b), substituted "supplemental
    nutrition assistance program" for "food stamp program".
      Subsec. (c). Pub. L. 110-246, Sec. 4115(b)(10)(C), substituted
    "benefits" for "coupons" in two places.
      Pub. L. 110-246, Sec. 4001(b), substituted "supplemental
    nutrition assistance program" for "food stamp program".
      Subsec. (d). Pub. L. 110-246, Sec. 4115(b)(10)(D), substituted
    "Benefits" for "Coupons".
      Subsec. (e). Pub. L. 110-246, Sec. 4115(b)(10)(G), which directed
    amendment of subsec. (e) by substituting "benefits" for "coupon,
    authorization cards or access devices", was executed by making the
    substitution for "coupons, authorization cards or access devices",
    to reflect the probable intent of Congress.
      Pub. L. 110-246, Sec. 4115(b)(10)(E), (F), redesignated subsec.
    (g) as (e) and struck out former subsec. (e) which read as follows:
    "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."
      Subsecs. (f) to (h). Pub. L. 110-246, Sec. 4115(b)(10)(E), (F),
    redesignated subsecs. (g) and (h) as (e) and (f), respectively, and
    struck out former subsec. (f) which read as follows: "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."
      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 2008 AMENDMENT
      Amendment of this section and repeal of Pub. L. 110-234 by Pub.
    L. 110-246 effective May 22, 2008, the date of enactment of Pub. L.
    110-234, except as otherwise provided, see section 4 of Pub. L. 110-
    246, set out as an Effective Date note under section 8701 of this
    title.
      Amendment by sections 4001(b) and 4115(b)(10) of Pub. L. 110-246
    effective Oct. 1, 2008, see section 4407 of Pub. L. 110-246, set
    out as a note under section 1161 of Title 2, The Congress.
                     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.

FOOTNOTE

    (!1) So in original. Probably should be "a".
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