§ 610. Unauthorized use, transfer, acquisition, alteration or possession of food stamp coupons, Authorization to Participate
Vouchers (ATPS), or access devices; penalties; disqualification from the food stamp program; forfeiture.
(a) Whoever knowingly uses, transfers, acquires, alters or possesses food stamp coupons, authorization cards, ATPs or access
devices in any manner not authorized by the federal Food Stamp Act (7 U.S.C. § 2011 et seq.) or regulations issued pursuant
to the Food Stamp Act; or who presents for payment or redemption coupons that have been illegally received, transferred, altered
or used shall:
(1) If such food stamp coupons, authorization cards or ATPs are of a value of $500 or more or the item used, transferred,
acquired, altered or possessed is an access device that has a value of $500 or more, be guilty of a class E felony.
(2) If such coupons, authorization cards or ATPs are of a value of less than $500 or if the item used, transferred, acquired,
altered or possessed is an access device that has a value of less than $500, be guilty of a class A misdemeanor.
(3) In any prosecution under this section where there is a finding that the proceeds of the trafficking involves firearms
ammunition, explosives or controlled substances as defined under 21 U.S.C. § 802 be guilty of a class B felony.
(b) In addition to the penalties set forth in subsection (a) of this section, any person convicted of a felony or misdemeanor
under this section may be suspended by the court from participation in the food stamp program for an additional period of
up to 18 months consecutive to that period of suspension mandated by the federal Food Stamp Act pursuant to 7 U.S.C. § 2015(b)(1).
68 Del. Laws, c. 386, § 2.;
§ 611. Forfeiture of property involved in illegal food stamp transactions.
(a) The Secretary of the Department of Health and Social Services or the Secretary's designee may subject to forfeiture and
denial of property rights any nonfood items, moneys, negotiable instruments, securities or other things of value that are
furnished or intended to be furnished by any person in exchange for coupons, authorization cards, ATPs or anything of value
obtained by the use of an access device, in any manner not authorized by the federal Food Stamp Act [7 U.S.C. § 2011 et seq.]
or regulations issued pursuant to the Food Stamp Act.
(b) Any forfeiture and disposal of property under this section shall be conducted in accordance with procedures contained
in regulations issued by the Secretary of the Department of Health and Social Services. Property forfeited under this section
may be utilized by the Welfare Fraud Unit until such time as the forfeited property may be liquidated.
(c) Value received for liquidated property shall be appropriated to the Welfare Fraud Unit for its use at the discretion of
the Secretary of the Department of Health and Social Services or the Secretary's designee.
68 Del. Laws, c. 386, § 2; 70 Del. Laws, c. 186, § 1.;
§ 612. Definitions.
As used in this subchapter:
(1) "Access device" means any card, plate, code, account number or other means of access that can be used, alone or in conjunction
with another access device, to obtain payments, allotments, benefits, money, goods or other things of value, or that can be
used to initiate a transfer of funds under the federal Food Stamp Act [7 U.S.C. § 2011 et seq.] or regulations issued pursuant
to the Food Stamp Act.
(2) "Value" means the sum of the face value of all food stamp coupons, ATPs or access devices possessed, transferred or converted
from 1 scheme or course of conduct, whether from 1 or several rightful possessors, at the same or different times and which
may constitute a single criminal episode. The face values may be aggregated in determining the grade of offense.
68 Del. Laws, c. 386, § 2.;
§ 613. Establishment of a State Law Enforcement Bureau (SLEB)
(a) The Department is designated as the State Law Enforcement Bureau (SLEB) for the purpose of coordinating food stamp trafficking
interdiction activity in Delaware within the meaning of the United States Department of Agriculture (USDA), Food and Nutrition
Service's (FNS) Regulations and Delaware's Food Stamp Trafficking Control Act.
(b) The Department shall delegate its responsibilities pursuant to subsection (a) of this section to the Department's Audit
and Recovery Management Services (ARMS), and its successors.
(c) The Department's Audit and Recovery Management Services (ARMS), and its successors, are hereby declared a Criminal Justice
Agency within the meaning of § 8602(3)(b) of Title 11 for the sole purpose of accessing any and all criminal history records
and files maintained by the State and any subdivision thereof.
§ 610. Unauthorized use, transfer, acquisition, alteration or possession of food stamp coupons, Authorization to Participate
Vouchers (ATPS), or access devices; penalties; disqualification from the food stamp program; forfeiture.
(a) Whoever knowingly uses, transfers, acquires, alters or possesses food stamp coupons, authorization cards, ATPs or access
devices in any manner not authorized by the federal Food Stamp Act (7 U.S.C. § 2011 et seq.) or regulations issued pursuant
to the Food Stamp Act; or who presents for payment or redemption coupons that have been illegally received, transferred, altered
or used shall:
(1) If such food stamp coupons, authorization cards or ATPs are of a value of $500 or more or the item used, transferred,
acquired, altered or possessed is an access device that has a value of $500 or more, be guilty of a class E felony.
(2) If such coupons, authorization cards or ATPs are of a value of less than $500 or if the item used, transferred, acquired,
altered or possessed is an access device that has a value of less than $500, be guilty of a class A misdemeanor.
(3) In any prosecution under this section where there is a finding that the proceeds of the trafficking involves firearms
ammunition, explosives or controlled substances as defined under 21 U.S.C. § 802 be guilty of a class B felony.
(b) In addition to the penalties set forth in subsection (a) of this section, any person convicted of a felony or misdemeanor
under this section may be suspended by the court from participation in the food stamp program for an additional period of
up to 18 months consecutive to that period of suspension mandated by the federal Food Stamp Act pursuant to 7 U.S.C. § 2015(b)(1).
68 Del. Laws, c. 386, § 2.;
§ 611. Forfeiture of property involved in illegal food stamp transactions.
(a) The Secretary of the Department of Health and Social Services or the Secretary's designee may subject to forfeiture and
denial of property rights any nonfood items, moneys, negotiable instruments, securities or other things of value that are
furnished or intended to be furnished by any person in exchange for coupons, authorization cards, ATPs or anything of value
obtained by the use of an access device, in any manner not authorized by the federal Food Stamp Act [7 U.S.C. § 2011 et seq.]
or regulations issued pursuant to the Food Stamp Act.
(b) Any forfeiture and disposal of property under this section shall be conducted in accordance with procedures contained
in regulations issued by the Secretary of the Department of Health and Social Services. Property forfeited under this section
may be utilized by the Welfare Fraud Unit until such time as the forfeited property may be liquidated.
(c) Value received for liquidated property shall be appropriated to the Welfare Fraud Unit for its use at the discretion of
the Secretary of the Department of Health and Social Services or the Secretary's designee.
68 Del. Laws, c. 386, § 2; 70 Del. Laws, c. 186, § 1.;
§ 612. Definitions.
As used in this subchapter:
(1) "Access device" means any card, plate, code, account number or other means of access that can be used, alone or in conjunction
with another access device, to obtain payments, allotments, benefits, money, goods or other things of value, or that can be
used to initiate a transfer of funds under the federal Food Stamp Act [7 U.S.C. § 2011 et seq.] or regulations issued pursuant
to the Food Stamp Act.
(2) "Value" means the sum of the face value of all food stamp coupons, ATPs or access devices possessed, transferred or converted
from 1 scheme or course of conduct, whether from 1 or several rightful possessors, at the same or different times and which
may constitute a single criminal episode. The face values may be aggregated in determining the grade of offense.
68 Del. Laws, c. 386, § 2.;
§ 613. Establishment of a State Law Enforcement Bureau (SLEB)
(a) The Department is designated as the State Law Enforcement Bureau (SLEB) for the purpose of coordinating food stamp trafficking
interdiction activity in Delaware within the meaning of the United States Department of Agriculture (USDA), Food and Nutrition
Service's (FNS) Regulations and Delaware's Food Stamp Trafficking Control Act.
(b) The Department shall delegate its responsibilities pursuant to subsection (a) of this section to the Department's Audit
and Recovery Management Services (ARMS), and its successors.
(c) The Department's Audit and Recovery Management Services (ARMS), and its successors, are hereby declared a Criminal Justice
Agency within the meaning of § 8602(3)(b) of Title 11 for the sole purpose of accessing any and all criminal history records
and files maintained by the State and any subdivision thereof.
§ 610. Unauthorized use, transfer, acquisition, alteration or possession of food stamp coupons, Authorization to Participate
Vouchers (ATPS), or access devices; penalties; disqualification from the food stamp program; forfeiture.
(a) Whoever knowingly uses, transfers, acquires, alters or possesses food stamp coupons, authorization cards, ATPs or access
devices in any manner not authorized by the federal Food Stamp Act (7 U.S.C. § 2011 et seq.) or regulations issued pursuant
to the Food Stamp Act; or who presents for payment or redemption coupons that have been illegally received, transferred, altered
or used shall:
(1) If such food stamp coupons, authorization cards or ATPs are of a value of $500 or more or the item used, transferred,
acquired, altered or possessed is an access device that has a value of $500 or more, be guilty of a class E felony.
(2) If such coupons, authorization cards or ATPs are of a value of less than $500 or if the item used, transferred, acquired,
altered or possessed is an access device that has a value of less than $500, be guilty of a class A misdemeanor.
(3) In any prosecution under this section where there is a finding that the proceeds of the trafficking involves firearms
ammunition, explosives or controlled substances as defined under 21 U.S.C. § 802 be guilty of a class B felony.
(b) In addition to the penalties set forth in subsection (a) of this section, any person convicted of a felony or misdemeanor
under this section may be suspended by the court from participation in the food stamp program for an additional period of
up to 18 months consecutive to that period of suspension mandated by the federal Food Stamp Act pursuant to 7 U.S.C. § 2015(b)(1).
68 Del. Laws, c. 386, § 2.;
§ 611. Forfeiture of property involved in illegal food stamp transactions.
(a) The Secretary of the Department of Health and Social Services or the Secretary's designee may subject to forfeiture and
denial of property rights any nonfood items, moneys, negotiable instruments, securities or other things of value that are
furnished or intended to be furnished by any person in exchange for coupons, authorization cards, ATPs or anything of value
obtained by the use of an access device, in any manner not authorized by the federal Food Stamp Act [7 U.S.C. § 2011 et seq.]
or regulations issued pursuant to the Food Stamp Act.
(b) Any forfeiture and disposal of property under this section shall be conducted in accordance with procedures contained
in regulations issued by the Secretary of the Department of Health and Social Services. Property forfeited under this section
may be utilized by the Welfare Fraud Unit until such time as the forfeited property may be liquidated.
(c) Value received for liquidated property shall be appropriated to the Welfare Fraud Unit for its use at the discretion of
the Secretary of the Department of Health and Social Services or the Secretary's designee.
68 Del. Laws, c. 386, § 2; 70 Del. Laws, c. 186, § 1.;
§ 612. Definitions.
As used in this subchapter:
(1) "Access device" means any card, plate, code, account number or other means of access that can be used, alone or in conjunction
with another access device, to obtain payments, allotments, benefits, money, goods or other things of value, or that can be
used to initiate a transfer of funds under the federal Food Stamp Act [7 U.S.C. § 2011 et seq.] or regulations issued pursuant
to the Food Stamp Act.
(2) "Value" means the sum of the face value of all food stamp coupons, ATPs or access devices possessed, transferred or converted
from 1 scheme or course of conduct, whether from 1 or several rightful possessors, at the same or different times and which
may constitute a single criminal episode. The face values may be aggregated in determining the grade of offense.
68 Del. Laws, c. 386, § 2.;
§ 613. Establishment of a State Law Enforcement Bureau (SLEB)
(a) The Department is designated as the State Law Enforcement Bureau (SLEB) for the purpose of coordinating food stamp trafficking
interdiction activity in Delaware within the meaning of the United States Department of Agriculture (USDA), Food and Nutrition
Service's (FNS) Regulations and Delaware's Food Stamp Trafficking Control Act.
(b) The Department shall delegate its responsibilities pursuant to subsection (a) of this section to the Department's Audit
and Recovery Management Services (ARMS), and its successors.
(c) The Department's Audit and Recovery Management Services (ARMS), and its successors, are hereby declared a Criminal Justice
Agency within the meaning of § 8602(3)(b) of Title 11 for the sole purpose of accessing any and all criminal history records
and files maintained by the State and any subdivision thereof.