5 U.S.C. § 8345a — Embezzlement or conversion of payments
submitted 6 years ago by Pub. L. 116-126 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 149 words · no verdicts yet
A representative payee may not use benefit payments for a purpose other than the benefit of the minor or legally disabled person. The Office must revoke the payee’s authority after finding embezzlement or conversion, and criminal penalties apply.
(a) Embezzling and Conversion Generally.— (1) In general .— It must be unlawful for a representative payee to embezzle or in any manner convert all or any part of the amounts received from payments received as a representative payee to a use other than for the use and benefit of the minor or individual on whose behalf such payments were received. (2) Revocation .— If the Office determines that a representative payee has embezzled or converted payments as described in paragraph (1), the Office must promptly— (A) revoke the certification for payment of benefits to the representative payee; and (B) certify payment— (i) to another representative payee; or (ii) if the interest of the individual under this title would be served thereby, to the individual. (b) Penalty .— Any person who violates subsection (a)(1) must be fined under title 18, imprisoned for not more than 5 years, or both.
It shall be unlawful for a representative payee to embezzle or in any manner convert all or any part of the amounts received from payments received as a representative payee to a use other than for the use and benefit of the minor or individual on whose behalf such payments were received.
If the Office determines that a representative payee has embezzled or converted payments as described in paragraph (1), the Office shall promptly—
revoke the certification for payment of benefits to the representative payee; and
certify payment—
to another representative payee; or
if the interest of the individual under this title would be served thereby, to the individual.
Any person who violates subsection (a)(1) shall be fined under title 18, imprisoned for not more than 5 years, or both.
Source credit: (Added Pub. L. 116–126, § 2(b)(1), Mar. 18, 2020, 134 Stat. 174.)
- 2020Enacted · Pub. L. 116-126 · 134 Stat. 174
A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-126 on 2020-03-18.
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