§6108 Authority for Judicial Orders of Restitution

Summary

A federal court can require a person convicted of misusing benefits to pay money back to the Department. The court can do this along with other punishments or instead of them. Title 18 sections 3612, 3663, and 3664 apply to these restitution orders, and the Department is treated as the victim under those rules. If the court orders no restitution or only part of it, the judge must say on the record why. If a fiduciary stole benefit money, recovered funds must go to the person whose benefits were taken. If the Secretary already gave replacement benefits, the recovered money is handled like an overpayment and deposited to the proper revolving fund, trust fund, or appropriation.