Illegal Use of Supplemental Nutrition or WIC Program Benefits elements are:
Knowingly, possess, buy, sell, use, alter, accept, or transfer supplemental nutrition assistance program benefits, WIC program benefits, or any electronically transferred benefit in any manner not authorized by the Food and Nutrition Act of 2008 or section 17 of the Child Nutrition Act of 1966.
An organization knowingly allowing an employee or agent to sell, transfer, or trade items or services in exchange for supplemental nutrition assistance program benefits, WIC program benefits, or any electronically transferred benefit which purchase is prohibited by the Food and Nutrition Act of 2008 or section 17 of the Child Nutrition Act of 1966
An organization negligently allowing an employee or agent to sell, transfer, or exchange supplemental nutrition assistance program benefits, WIC program benefits, or any electronically transferred benefit for anything of value.
So What is an Access Device?
Any card, plate, code, account number, electronic debit card, or other means of access that can be used to obtain payments, allotments, benefits, money, goods, or other things of value or that can be used to initiate a transfer of funds for programs or assistance under the department of job and family services, the Food and Nutrition Act of 2008, or any supplemental food program administered by any department of this state or any county or local agency under the Child Nutrition Act of 1966.
What is Aggregate Value?
The total face value of any supplemental nutrition assistance program benefits, plus the total face value of WIC program coupons or delivery verification receipts, plus the total value of other WIC program benefits, plus the total value of any electronically transferred benefit or other access device involved in the violation.
What is Electronically Transferred Benefit?
The transfer of supplemental nutrition assistance program benefits or WIC program benefits through the use of an access device.
What Does Organization Mean?
A corporation for profit or not for profit, partnership, limited partnership, joint venture, unincorporated association, estate, trust, or other commercial or legal entity.
What is the total value of any electronically transferred benefit or other access device?
The total value of the payments, allotments, benefits, money, goods, or other things of value that may be obtained, or the total value of funds that may be transferred, by use of any electronically transferred benefit or other access device at the time of the violation.
What are WIC Benefits?
Money, coupons, delivery verification receipts, other documents, food, or other property received directly or indirectly pursuant to section 17 of the Child Nutrition Act of 1966.
Potential Sentencing and Fines
If supplemental nutrition assistance program benefits, WIC program benefits, or electronically transferred benefits or other access devices of various values are illegally used, transferred, bought, acquired, altered, purchased, possessed, presented for redemption, or transported over a period of twelve months, the course of conduct may be charged as one offense, and the values of the aforementioned benefits may be aggregated to determine the degree of the offense.
If the aggregate value of the benefits is less than $1,000, the violation is a 5th degree felony with a potential 6 – 12 months in jail and a fine of up to $2,500.
If the aggregate value of the benefits is between $1,000 and $7,500, the violation is a 4th degree felony with a potential 6 – 18 months in prison and a fine of up to $5,000.
If the aggregate value of the benefits is between $7,500 and $150,000, the violation is a 3rd degree felony with potentially 9 – 36 months in prison and a fine of up to $10,000.
If the aggregate value of the benefits is greater than $150,000, the violation is a 2nd degree felony with a potential 2 – 8 years in prison and a fine of up to $15,000.
Further, if you are convicted of illegal use supplemental nutrition or WIC program benefits, you may be ineligible to secure these benefits in the future
The Law Offices of Steven R. Adams will provide you with a variety of defenses that can be used to defend you against your charges.
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