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AFFUM v. U.S.

No. 08-5189.

566 F.3d 1150 (2009)

Philomena AFFUM, Doing Business as Asafo Market, Appellant v. UNITED STATES of America and Thomas J. Vilsack, Secretary of Agriculture, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 26, 2009.

Attorney(s) appearing for the Case

Charles B. Wayne argued the cause and filed the briefs for appellant.

R. Craig Lawrence, Assistant U.S. Attorney, argued the cause for appellees. With him on the brief were Jeffrey A. Taylor, U.S. Attorney, and Harry B. Roback, Assistant U.S. Attorney.

Opinion for the Court filed by Senior Circuit Judge EDWARDS.

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...

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