in that he often visited the store only once a week, and commonly visited the store as infrequently as once a month.  Although the Plaintiff explained the requirements of the Food Stamp Program to his brothers, the Court is of the view that the Plaintiff had a duty to maintain a higher level of supervision over the redemption of food stamps at his store.  This duty is especially evident in the instant case in light of the fact that food stamps accounted for approximately one-third of the sales of the Lincoln Cut Rate Market.  Accordingly, the Court finds that the suspension in the instant case is not prohibited by the opinion of the Tenth Circuit Court of Appeals in Badwan v. United States of America,on one occasion purchased food stamps at a discount and placed them in the store's cash register for their face value in cash, all for the employee's personal gain and without knowledge of the owner or gain to the store.  There is nothing in this record beyond Joudeh's testimony, that his store did not profit or gain by reason of Omar's managerial misconduct, nor is there evidence that Omar's conduct worked to Joudeh's disadvantage or detriment.


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We hold that the district court correctly found that Joudeh, as the store owner, did not exercise sufficient supervision of his employees and that he was negligent in that respect.  Further, we agree with the district court's conclusion that by virtue of the controlling regulation the illegal conduct of the store