Delaware Code Title 31 Sec. 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.
Terms Used In Delaware Code Title 31 Sec. 611
- 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. See Delaware Code Title 31 Sec. 612
- Fraud: Intentional deception resulting in injury to another.
- 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. See Delaware Code Title 31 Sec. 612
(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.