View all text of Chapter 51 [§ 2011 - § 2036d]
§ 2024. Violations and enforcement
(a) In general
(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 a 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 1
1 So in original. Probably should be “possessed”.
is a 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
(d) Benefits as obligations of the United States
(e) Forfeiture of property involved in illegal benefit transactions
(f) Criminal forfeiture
(1) In general
(2) Property subject to forfeiture
(3) Interest of 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, § 15, Aug. 31, 1964, 78 Stat. 708; Pub. L. 91–671, § 8, Jan. 11, 1971, 84 Stat. 2052; Pub. L. 93–347, § 2, July 12, 1974, 88 Stat. 341; Pub. L. 95–113, title XIII, § 1301, Sept. 29, 1977, 91 Stat. 975; Pub. L. 96–249, title I, § 124, May 26, 1980, 94 Stat. 363; Pub. L. 97–98, title XIII, § 1324, Dec. 22, 1981, 95 Stat. 1288; Pub. L. 101–624, title XVII, §§ 1747(a), (c), 1748, 1749, Nov. 28, 1990, 104 Stat. 3796, 3797; Pub. L. 104–193, title VIII, § 846, Aug. 22, 1996, 110 Stat. 2334; Pub. L. 110–234, title IV, §§ 4001(b), 4115(b)(10), May 22, 2008 122 Stat. 1092, 1107; Pub. L. 110–246, § 4(a), title IV, §§ 4001(b), 4115(b)(10), June 18, 2008, 122 Stat. 1664, 1853, 1869; Pub. L. 113–79, title IV, § 4030(h), Feb. 7, 2014, 128 Stat. 814; Pub. L. 115–334, title IV, § 4022(6), Dec. 20, 2018, 132 Stat. 4653.)