CHAPTER 61-PENAL AND FORFEITURE PROVISIONS C. 01. 02. 03. Misappropriation by fiduciaries. Fraudulent acceptance of payments. 04. Forfeiture for treason. 05. Forfeiture for subversive activities. 6101. Misappropriation by fiduciaries (a) Whoever, being a guardian, curator, conservator, committee, person legally vested with the responsibility or care of a claimat or a claimant's estate, or any other person having charge and stody in a fiduciary capacity of money heretofore or hereafter aid under any of the laws administered by the Secretary for the enefit of any minor, incompetent, or other beneficiary, shall lend, orrow, pledge, hypothecate, use, or exchange for other funds or roperty, except as authorized by law, or embezzle or in any maner misappropriate any such money or property derived therefrom whole or in part and coming into such fiduciary's control in any anner whatever in the execution of such fiduciary's trust, or nder color of such fiduciary's office or service as such fiduciary, hall be fined in accordance with title 18, or imprisoned not more han five years, or both. (b) Any willful neglect or refusal to make and file proper accountgs or reports concerning such money or property as required by w shall be taken to be sufficient evidence prima facie of such emezzlement or misappropriation. P.L. 85-857, Sept. 2, 1958, 72 Stat. 1239, §3501; P.L. 99-576, 701(82), Oct. 28, 1986, 100 Stat. 3298; renumbered §6101, P.L. 02-40, §402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102-54, 14(d)(7), June 13, 1991, 105 Stat. 286; P.L. 102-83, § 4(a)(1), Aug. , 1991, 105 Stat. 403; P.L. 103-446, § 1201(e)(17), Nov. 2, 1994, 08 Stat. 4686.) 6102. Fraudulent acceptance of payments (a) Any person entitled to monetary benefits under any of the aws administered by the Secretary whose right to payment thereof eases upon the happening of any contingency, who thereafter raudulently accepts any such payment, shall be fined in accordince with title 18, or imprisoned not more than one year, or both. (b) Whoever obtains or receives any money or check under any of the laws administered by the Secretary without being entitled to t, and with intent to defraud the United States or any beneficiary of the United States, shall be fined in accordance with title 18, or mprisoned not more than one year, or both. P.L. 85-857, Sept. 2, 1958, 72 Stat. 1239, §3502; renumbered 6102, P.L. 102–40, §402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102-54, §14(d)(7), June 13, 1991, 105 Stat. 286; P.L. 102-88, § 4(a)(1), Aug. 6, 1991, 105 Stat. 403.) 86103. Forfeiture for fraud (a) Whoever knowingly makes or causes to be made or conspires, combines, aids, or assists in, agrees to, arranges for, or in any way procures the making or presentation of a false or fraudulent affide vit, declaration, certificate, statement, voucher, or paper, concern ing any claim for benefits under any of the laws administered by the Secretary (except laws pertaining to insurance benefits) shall forfeit all rights, claims, and benefits under all laws administered by the Secretary (except laws pertaining to insurance benefits). (b) Whenever a veteran entitled to disability compensation has forfeited the right to such compensation under this section, the compensation payable but for the forfeiture shall thereafter be paid to the veteran's spouse, children, and parents. Payments made t a spouse, children, and parents under the preceding sentence shall not exceed the amounts payable to each if the veteran had died from service-connected disability. No spouse, child, or parent who participated in the fraud for which forfeiture was imposed shall re ceive any payment by reason of this subsection. An apportionment award under this subsection may not be made in any case after September 1, 1959. (c) Forfeiture of benefits by a veteran shall not prohibit payment of the burial allowance, death compensation, dependency and indemnity compensation, or death pension in the event of the veter ans' death. (d)(1) After September 1, 1959, no forfeiture of benefits may be imposed under this section or section 6104 of this title upon any individual who was a resident of, or domiciled in, a State at the time the act or acts occurred on account of which benefits would but not for this subsection, be forfeited unless such individual ceases to be a resident of, or domiciled in, a State before the exp ration of the period during which criminal prosecution could be in stituted. This subsection shall not apply with respect to (A) any for feiture occurring before September 1, 1959, or (B) an act or acts which occurred in the Philippine Islands before July 4, 1946. (2) The Secretary is hereby authorized and directed to review al cases in which, because of a false or fraudulent affidavit, declare tion, certificate, statement, voucher, or paper, a forfeiture of grate itous benefits under laws administered by the Secretary was in posed, pursuant to this section or prior provisions of law, on or be fore September 1, 1959. In any such case in which the Secretary determines that the forfeiture would not have been imposed under the provisions of this section in effect after September 1, 1959, the Secretary shall remit the forfeiture, effective June 30, 1972. Bene fits to which the individual concerned becomes eligible by virtue of any such remission may be awarded, upon application therefor, and the effective date of any award of compensation, dependency and indemnity compensation, or pension made in such a case shall be fixed in accordance with the provisions of section 5110(g) of this title. (P.L. 85-857, Sept. 2, 1958, 72 Stat. 1240, §3503; P.L. 86–222, §1. Sept. 1, 1959, 73 Stat. 452; P.L. 91–24, § 13(a), June 11, 1969, 88 tat. 34; P.L. 92–328, § 206, June 30, 1972, 86 Stat. 397; P.L. 98– 60, § 703(6), Nov. 21, 1983, 97 Stat. 1011; P.L. 99-576, § 701(83), ct. 28, 1986, 100 Stat. 3298; renumbered §6103 and amended .L. 102-40, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; L. 102-54, § 14(d)(8), June 13, 1991, 105 Stat. 286; P.L. 102-83, 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403-405; P.L. 103– 46, § 1201(e)(18), (f)(5), Nov. 2, 1994, 108 Stat. 4686, 4687.) 6104. Forfeiture for treason (a) Any person shown by evidence satisfactory to the Secretary › be guilty of mutiny, treason, sabotage, or rendering assistance > an enemy of the United States or of its allies shall forfeit all acrued or future gratuitous benefits under laws administered by the ecretary. (b) The Secretary, in the Secretary's discretion, may apportion nd pay any part of benefits forfeited under subsection (a) to the ependents of the person forfeiting such benefits. No dependent of ny person shall receive benefits by reason of this subsection in exess of the amount to which the dependent would be entitled if uch person were dead. (c) In the case of any forfeiture under this section there shall be o authority after September 1, 1959 (1) to make an apportionment ward pursuant to subsection (b) or (2) to make an award to any erson of gratuitous benefits based on any period of military, naval, r air service commencing before the date of commission of the of ense. P.L. 85-857, Sept. 2, 1958, 72 Stat. 1240, § 3504; P.L. 86-222, § 2, Sept. 1, 1959, 73 Stat. 452; P.L. 91-24, § 13(b), June 11, 1969, 83 Stat. 34; P.L. 97-295, § 4(78), Oct. 12, 1982, 96 Stat. 1311; P.L. 9976, § 701(84), Oct. 28, 1986, 100 Stat. 3298; renumbered §6104, .L. 102–40, §402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102-83, 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403-405.) 6105. Forfeiture for subversive activities (a) Any individual who is convicted after September 1, 1959, of ny offense listed in subsection (b) of this section shall, from and fter the date of commission of such offense, have no right to gratutous benefits (including the right to burial in a national cemetery) nder laws administered by the Secretary based on periods of miliary, naval, or air service commencing before the date of the commission of such offense and no other person shall be entitled to uch benefits on account of such individual. After receipt of notice f the return of an indictment for such an offense the Secretary hall suspend payment of such gratuitous benefits pending disposiion of the criminal proceedings. If any individual whose right to enefits has been terminated pursuant to this section is granted a ardon of the offense by the President of the United States, the ight to such benefits shall be restored as of the date of such par on. (b) The offenses referred to in subsection (a) of this section are hose offenses for which punishment is prescribed in (1) sections 894, 904, and 906 of title 10 (articles 94, 104, and 106 of the Uniform Code of Military Justice); (2) sections 792, 793, 794, 798, 2381, 2382, 2383, 2384, 2385, 2387, 2388, 2389, 2390, and chapter 105 of title 18; (3) sections 222, 223, 224, 225, and 226 of the Atomic Energy Act of 1954 (42 U.S.C. 2272, 2273, 2274, 2275, and 2276); and (4) section 4 of the Internal Security Act of 1950 (50 U.S.C. 783). (c) The Secretary of Defense or the Secretary of Transportation, as appropriate, shall notify the Secretary in each case in which an individual is convicted of an offense listed in paragraph (1) of subsection (b). The Attorney General shall notify the Secretary in each case in which an individual is indicted or convicted of an offense listed in paragraph (2), (3), or (4) of subsection (b). (Added P.L. 86-222, §3(a), Sept. 1, 1959, 73 Stat. 453, §3505; amended P.L. 92-128, §2(c), Sept. 25, 1971, 85 Stat. 348; P.L. 9343, §8, June 18, 1973, 87 Stat. 88; P.L. 97-295, §4(79), Oct. 12, 1982, 96 Stat. 1311; renumbered §6105, P.L. 102-40, § 402(b)(1), May 7, 1991, 105 Stat. 238; P.L. 102-54, § 14(d)(9), June 13, 1991, 105 Stat. 287; P.L. 102-83, §4(a)(1), (2)(A)(xiv), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403-405; P.L. 103-446, §1201(e)(19), Nov. 2, 1994, 108 Stat. 4686.) |