38 USC Sec. 6101 01/05/2009
TITLE 38 - VETERANS' BENEFITS
PART IV - GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 61 - PENAL AND FORFEITURE PROVISIONS
Sec. 6101. Misappropriation by fiduciaries
(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.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1239, Sec. 3501; Pub. L.
99-576, title VII, Sec. 701(82), Oct. 28, 1986, 100 Stat. 3298;
renumbered Sec. 6101, Pub. L. 102-40, title IV, Sec. 402(b)(1), May
7, 1991, 105 Stat. 238; Pub. L. 102-54, Sec. 14(d)(7), June 13,
1991, 105 Stat. 286; Pub. L. 102-83, Sec. 4(a)(1), Aug. 6, 1991,
105 Stat. 403; Pub. L. 103-446, title XII, Sec. 1201(e)(17), Nov.
2, 1994, 108 Stat. 4686; Pub. L. 108-454, title V, Sec. 501(c),
Dec. 10, 2004, 118 Stat. 3618.)
2004 - Subsec. (a). Pub. L. 108-454, Sec. 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
1991 - Pub. L. 102-40 renumbered section 3501 of this title as
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
EFFECTIVE DATE OF 2004 AMENDMENT
Amendment 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.