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Title 38, Veterans' BenefitsRelease 119-102

§6108 Authority for Judicial Orders of Restitution

Title 38 › PART IV — GENERAL ADMINISTRATIVE PROVISIONS › CHAPTER 61 — PENAL AND FORFEITURE PROVISIONS › § 6108

Last updated Aug 21, 2026|Official source

Summary

A federal court can order someone convicted of misusing benefits to pay restitution to the Department. The procedures in 18 U.S.C. 3612, 3663, and 3664 apply and treat the Department as the victim. If the court orders no or only partial restitution, it must say why on the record. Money taken by a fiduciary must go back to the person harmed, or, if the Secretary already reissued the benefits, be handled as an overpayment and deposited to the proper revolving fund, trust fund, or appropriation.

Full Legal Text

Title 38, §6108

Veterans' Benefits, Source: USLM XML via OLRC

(a)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.
(b)section 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.
(c)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.
(d)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.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section 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.

Reference

Citations & Metadata

Citation

38 U.S.C. § 6108

Title 38, Veterans' Benefits

Last Updated

Aug 21, 2026

Release point: 119-102