§6108 Authority for judicial orders of restitution

Summary

Federal courts can order someone convicted of misusing benefits under this title to pay restitution to the Department. The court can add this payment to other punishments or use it instead of them. The rules in 18 U.S.C. 3612, 3663, and 3664 must be used for issuing and enforcing these restitution orders, and the Department is treated as the victim. If the court orders no restitution or only part, it must explain why on the record. Money recovered when a fiduciary misuses benefit payments must go to the person whose benefits were taken. If the Secretary already reissued those benefits, the recovered money is treated like an overpayment and deposited into the proper revolving fund, trust fund, or appropriation.