§ 720 ILCS 5/17-6.3(c) – WIC Fraud (Administrative Malfeasance)

720 ILCS 5/17-6.3(c) – WIC Fraud (Administrative Malfeasance)

This law makes it illegal to misuse or steal funds or benefits from the WIC program in Illinois.

This statute explains that anyone who steals, misuses, or helps misuse money or items meant for the WIC program can face criminal charges. Penalties depend on how much money was involved, and serious cases can lead to felony charges, property loss, and a ban from participating in the WIC program.

(a) The “Special Supplemental Food Program for Women, Infants and Children” is called “WIC.” It is managed by state health and human services departments.

(b) A person commits WIC fraud if they knowingly use, hold, buy, sell, or give away WIC checks, cards, or authorizations in any way that isn’t allowed by law or WIC program rules. It’s also fraud to use or pass along WIC items that have been changed or tampered with.

(c) Administrative malfeasance happens when someone who manages or has access to WIC funds:

Knowingly or recklessly takes or uses WIC funds in the wrong way or keeps the money for themselves or someone else.
Is an employee or official who helps or takes part in this kind of violation. These individuals can face job discipline from their agency or local government employer.

(e) Penalties:

If a person or organization breaks this law, the level of punishment depends on the total amount of money or value involved:
1. Sentence: Less than $150 – Class A misdemeanor; if it happens again, Class 4 felony.
2. Sentence: $150 to under $1,000 – Class 4 felony; a later violation becomes a Class 3 felony.
3. Sentence: $1,000 to under $5,000 – Class 3 felony; a later violation becomes a Class 2 felony.
4. Sentence: $5,000 to under $10,000 – Class 2 felony; a later violation becomes a Class 1 felony.
5. Sentence: $10,000 or more – Class 1 felony, and the person can never take part in WIC again.

The county State’s Attorney or the Illinois Attorney General is responsible for bringing these cases to court.
The total amount of all stolen or misused money and WIC items is added together to decide the proper charge.

(f) Seizure and forfeiture of property:

Anyone convicted of a felony under this law can lose property connected to the crime, according to Illinois’ forfeiture rules.
Police can take such property with a court order or in specific cases without one, such as:
1. When it happens during an official inspection.
2. If the property was already ordered forfeited in another case.
3. If the property is dangerous to people’s health or safety.
4. If there is good reason to believe the property was used in WIC fraud and taking it without a warrant would be reasonable.
5. As allowed under criminal procedure laws.

(g) Future participation as a WIC vendor:
Anyone convicted of a felony under this law cannot be a WIC vendor for at least 3 years and until they repay all money and value involved in the fraud. This rule also applies to people who manage, own, or partly own a business that committed WIC fraud.

View the full statute here.