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38 U.S.C. § 6103 — Forfeiture for fraud

submitted 68 years ago by Pub. L. 85-857 to r/title-38-VETERANS-BENEFITS · 488 words · no verdicts yet

in plain englishAI-generated · not legal advice

Knowingly making or helping present a false document about a benefits claim causes forfeiture of rights and benefits under laws administered by the Secretary, except insurance benefits. The section provides rules for dependents, death benefits, and certain post-1959 and pre-1959 forfeitures.

(a) A person who knowingly makes, causes, conspires, combines, aids, assists, agrees, arranges, or otherwise procures a false or fraudulent affidavit, declaration, certificate, statement, voucher, or paper about a benefits claim under a law administered by the Secretary, other than an insurance-benefit law, forfeits all rights, claims, and benefits under those laws, other than insurance-benefit laws. (b) If a veteran’s disability compensation is forfeited under this section, the compensation that would otherwise be payable must be paid afterward to the veteran’s spouse, children, and parents. Payments to each may not exceed what would have been payable if the veteran had died from a service-connected disability. A spouse, child, or parent who participated in the fraud receives no payment under this subsection. No apportionment award may be made after September 1, 1959. (c) A veteran’s benefits forfeiture does not bar burial allowance, death compensation, dependency and indemnity compensation, or death pension after the veteran dies. (d)(1) After September 1, 1959, no forfeiture may be imposed under this section or section 6104 on an individual who lived or was domiciled in a State when the acts occurred, unless the individual stops being a State resident or domiciliary before the criminal-prosecution period expires. This does not apply to forfeitures before September 1, 1959, or acts in the Philippine Islands before July 4, 1946. (2) The Secretary must review cases in which gratuitous benefits were forfeited under this section or earlier law by September 1, 1959, because of a false or fraudulent document. If the Secretary determines the forfeiture would not have been imposed under the post-September 1, 1959 rules, the Secretary must remit it effective June 30, 1972. Benefits for which the person becomes eligible because of remission may be awarded on application, and the effective date of an awarded compensation, dependency and indemnity compensation, or pension must follow section 5110(g).

the actual law source: uscode.house.gov ↗public domain
(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 affidavit, declaration, certificate, statement, voucher, or paper, concerning 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 to 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 receive 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 veteran’s 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 expiration of the period during which criminal prosecution could be instituted. This subsection shall not apply with respect to (A) any forfeiture 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 all cases in which, because of a false or fraudulent affidavit, declaration, certificate, statement, voucher, or paper, a forfeiture of gratuitous benefits under laws administered by the Secretary was imposed, pursuant to this section or prior provisions of law, on or before 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. Benefits 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.

Source credit: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1240, § 3503; Pub. L. 86–222, § 1, Sept. 1, 1959, 73 Stat. 452; Pub. L. 91–24, § 13(a), June 11, 1969, 83 Stat. 34; Pub. L. 92–328, title II, § 206, June 30, 1972, 86 Stat. 397; Pub. L. 98–160, title VII, § 703(6), Nov. 21, 1983, 97 Stat. 1011; Pub. L. 99–576, title VII, § 701(83), Oct. 28, 1986, 100 Stat. 3298; renumbered § 6103 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–54, § 14(d)(8), June 13, 1991, 105 Stat. 286; Pub. L. 102–83, § 4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405; Pub. L. 103–446, title XII, § 1201(e)(18), (f)(5), Nov. 2, 1994, 108 Stat. 4686, 4687.)

history & why it existsrecord from the source credit
  • 1958Enacted · Pub. L. 85-857 · 72 Stat. 1240
  • 1959Amended · Pub. L. 86-222 · 73 Stat. 452
  • 1969Amended · Pub. L. 91-24 · 83 Stat. 34
  • 1972Amended · Pub. L. 92-328 · 86 Stat. 397
  • 1983Amended · Pub. L. 98-160 · 97 Stat. 1011
  • 1986Amended · Pub. L. 99-576 · 100 Stat. 3298
  • 1991Amended · Pub. L. 102-40 · 105 Stat. 238, 239
  • 1991Amended · Pub. L. 102-54 · 105 Stat. 286
  • 1991Amended · Pub. L. 102-83 · 105 Stat. 403
  • 1994Amended · Pub. L. 103-446 · 108 Stat. 4686, 4687

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-857 on 1958-09-02.

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