Legal Opinion

Affum v. United States

Court of Appeals for the D.C. Circuit

Decided May 26, 2009No. 08-5189PublishedCited by 33 opinions

1Opinion of the Court

EDWARDS, Senior Circuit Judge:

The Food Stamp Act (“Act”) prohibits retail stores from “trafficking” in food stamp benefits, or exchanging these benefits for cash. See 7 U.S.C. § 2021(b)(3)(B). The penalty for a first-time trafficking offense is permanent disqualification from the food stamp program. However, under the Act, the Secretary of Agriculture (“Secretary”) has the discretion to impose a civil money penalty in lieu of disqualification when an offending store produces “substantial evidence” that it had an “effective policy and program” to prevent the trafficking violations. Id.…

2Cases cited34 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Richardson v. PeralesSupreme Court of the United States · 1971
  3. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  4. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  5. Stone v. Immigration & Naturalization ServiceSupreme Court of the United States · 1995

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3Cited by33 opinions

  1. Irobe v. US Dept. of AgricultureCourt of Appeals for the First Circuit · 2018
  2. Amador County, Cal. v. SalazarCourt of Appeals for the D.C. Circuit · 2011
  3. United States v. AliCourt of Appeals for the Seventh Circuit · 2010
  4. United States v. BaxterDistrict Court, D. Maine · 2012
  5. Food & Water Watch v. AGRICourt of Appeals for the D.C. Circuit · 2021

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