§6101 — Title 38 Veterans' Benefits | U.S. Code

Summary

Makes it a crime for a fiduciary (a person who manages benefits for others; see section 5506) who handles money or property for a minor, an incompetent person, or another beneficiary under the Secretary’s laws to lend, borrow, pledge, use, exchange, or steal those funds or property unless the law allows it. The person may be fined under Title 18, jailed up to five years, or both. Willfully failing to file required accountings is treated as enough initial proof of misappropriation.

Title 38, §6101

Veterans' Benefits — Source: USLM XML via OLRC

(a)Whoever, being a fiduciary (as defined in section 5506 of this title) for the benefit of a minor, incompetent, or other beneficiary under laws administered by the Secretary, shall lend, borrow, pledge, hypothecate, use, or exchange for other funds or property, except as authorized by law, or embezzle or in any manner misappropriate any such money or property derived therefrom in whole or in part and coming into such fiduciary’s control in any manner whatever in the execution of such fiduciary’s trust, or under color of such fiduciary’s office or service as such fiduciary, shall be fined in accordance with title 18, or imprisoned not more than five years, or both.

(b)Any willful neglect or refusal to make and file proper accountings or reports concerning such money or property as required by law shall be taken to be sufficient evidence prima facie of such embezzlement or misappropriation.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2004—Subsec. (a). Pub. L. 108–454, § 501(c), substituted “fiduciary (as defined in section 5506 of this title) for the benefit of a minor, incompetent, or other beneficiary under laws administered by the Secretary,” for “guardian, curator, conservator, committee, or person legally vested with the responsibility or care of a claimant or a claimant’s estate, or any other person having charge and custody in a fiduciary capacity of money heretofore or hereafter paid under any of the laws administered by the Secretary for the benefit of any minor, incompetent, or other beneficiary,”. 1994—Subsec. (a). Pub. L. 103–446 inserted a comma after “title 18”. 1991—Pub. L. 102–40 renumbered section 3501 of this title as this section. Subsec. (a). Pub. L. 102–83 substituted “administered by the Secretary” for “administered by the Veterans’ Administration”. Pub. L. 102–54 amended subsec. (a) as in effect immediately before the enactment of Pub. L. 102–40 by substituting “in accordance with title 18” for “not more than $2,000”. 1986—Subsec. (a). Pub. L. 99–576 substituted “a claimant’s” for “his” before “estate”, and “such fiduciary’s” for “his” in three places.

Statutory Notes and Related Subsidiaries

Effective Date

of 2004 AmendmentAmendment by Pub. L. 108–454 effective on the first day of the seventh month beginning after Dec. 10, 2004, see section 507(a) of Pub. L. 108–454, set out as an

Effective Date

of 2004 Amendment note under section 5312 of this title.

§6101 Misappropriation by Fiduciaries

Summary

Title 38, §6101

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata