5 U.S.C. § 8466a — 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 cannot steal or misuse benefit money meant for the minor or disabled person they represent. If the Office finds they did, it must cancel that person's certification and redirect payments to a new payee, or to the individual themselves if that would help them. Breaking this rule can mean a fine and up to five years in prison.
(a) Embezzling and Conversion Generally. It is against the law for a representative payee to steal or misuse any part of the benefit payments they received on someone else's behalf, for anything other than that minor's or individual's own use and benefit. If the Office* finds a representative payee did this, it must promptly cancel that payee's certification to receive payments, and start certifying payments to a new representative payee — or, if it would help the individual, directly to the individual.
(b) Penalty. Anyone who steals or misuses benefit payments this way can be fined under title 18, imprisoned for up to five 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)(2), Mar. 18, 2020, 134 Stat. 175.)
- 2020Enacted · Pub. L. 116-126 · 134 Stat. 175
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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