38 U.S.C. § 6108 — Authority for judicial orders of restitution
submitted 22 years ago by Pub. L. 108-454 to r/title-38-VETERANS-BENEFITS · 178 words · no verdicts yet
A Federal sentencing court may order restitution to the Department for an offense involving benefit misuse. Title 18 restitution rules apply, and recovered money is paid to the affected individual unless benefits were already reissued.
(a) When sentencing a defendant convicted of an offense arising from benefit misuse under this title, a Federal court may order the defendant to pay restitution to the Department*, in addition to or instead of another lawful penalty. (b) Title 18, sections 3612, 3663, and 3664 govern issuing and enforcing the order; the Department is treated as the victim. (c) If the court orders no restitution or only partial restitution, it must state* its reasons on the record. (d) Money received because a fiduciary misused benefits under laws administered by the Secretary* must be paid to the person whose benefits were misused. If the Secretary already reissued the benefits, the money is treated like an overpayment recovered by the Secretary and deposited to the credit of the applicable revolving fund, trust fund, or appropriation.)
Any Federal court, when sentencing a defendant convicted of an offense arising from the misuse of benefits under this title, may order, in addition to or in lieu of any other penalty authorized by law, that the defendant make restitution to the Department*.
Sections 3612, 3663, and 3664 of title 18 shall apply with respect to the issuance and enforcement of orders of restitution under subsection (a). In so applying those sections, the Department shall be considered the victim.
If the court does not order restitution, or orders only partial restitution, under subsection (a), the court shall state* on the record the reasons therefor.
Amounts received in connection with misuse by a fiduciary of funds paid as benefits under laws administered by the Secretary* shall be paid to the individual whose benefits were misused. If the Secretary has previously reissued the misused benefits, the amounts shall be treated in the same manner as overpayments recouped by the Secretary and shall be deposited to the credit of the applicable revolving fund, trust fund, or appropriation.
Source credit: (Added Pub. L. 108–454, title V, § 504(b)(1), Dec. 10, 2004, 118 Stat. 3621.)
- 2004Enacted · Pub. L. 108-454 · 118 Stat. 3621
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-454 on 2004-12-10.
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