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18 U.S.C. § 290Discharge papers withheld by claim agent

submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 164 words · no verdicts yet

in plain englishAI-generated · not legal advice

A claim agent can be punished for keeping a veteran's discharge papers. This applies if the agent keeps the papers without the owner's permission. It also applies if the agent refuses to return them when asked. The punishment is a fine, up to six months in prison, or both. The agent also loses the right to pursue that claim with the government.

This section applies to a claim agent, attorney, or anyone else who collects pay, pension, or other allowance claims for a soldier, sailor, marine, or commissioned military or naval officer, or for someone who once served in the regular or volunteer forces, or for that person's dependents or beneficiaries. It also applies when that agent is holding the discharge papers of that soldier, sailor, marine, or officer, which were given to the agent to help collect the claim. The agent breaks this law in either of two ways. The agent breaks it by keeping the discharge papers without the consent of the person or people who own them. The agent also breaks it by refusing to hand over the papers, or to account for them, after the owner — or the owner's agent or attorney — properly demands them back. Anyone who breaks this law can be fined under this title, imprisoned for up to six months, or both. That person is also barred from pursuing that same claim in any federal department or agency.
the actual law source: uscode.house.gov ↗public domain

Whoever, being a claim agent, attorney, or other person engaged in the collection of claims for pay, pension, or other allowances for any soldier, sailor, or marine, or for any commissioned officer of the military or naval forces, or for any person who may have been a soldier, sailor, marine, or officer of the regular or volunteer forces of the United States, or for his dependents or beneficiaries, retains, without the consent of the owner or owners thereof, or refuses to deliver or account for the same upon demand duly made by the owner or owners thereof, or by their agent or attorney, the discharge papers of any such soldier, sailor, or marine, or commissioned officer, which may have been placed in his hands for the purpose of collecting said claims, shall be fined under this title or imprisoned not more than six months, or both; and shall be debarred from prosecuting any such claim in any department or agency of the United States.

Source credit: (June 25, 1948, ch. 645, 62 Stat. 699; Pub. L. 103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 699
  • 1994Amended · Pub. L. 103-322 · 108 Stat. 2147

A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.

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