TITLE 20 - EDUCATION
CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
SUBCHAPTER IV - STUDENT ASSISTANCE
Part F - General Provisions Relating to Student Assistance Programs
HEAD
Sec. 1097. Criminal penalties
STATUTE
(a) In general
Any person who knowingly and willfully embezzles, misapplies,
steals, obtains by fraud, false statement, or forgery, or fails to
refund any funds, assets, or property provided or insured under
this subchapter and part C of subchapter I of chapter 34 of title
42 or attempts to so embezzle, misapply, steal, obtain by fraud,
false statement or forgery, or fail to refund any funds, assets, or
property, shall be fined not more than $20,000 or imprisoned for
not more than 5 years, or both, except if the amount so embezzled,
misapplied, stolen, obtained by fraud, false statement, or forgery,
or failed to be refunded does not exceed $200, then the fine shall
not be more than $5,000 and imprisonment shall not exceed one year,
or both.
(b) Assignment of loans
Any person who knowingly and willfully makes any false statement,
furnishes any false information, or conceals any material
information in connection with the assignment of a loan which is
made or insured under this subchapter and part C of subchapter I of
chapter 34 of title 42 or attempts to so make any false statement,
furnish any false information, or conceal any material information
in connection with such assignment shall, upon conviction thereof,
be fined not more than $10,000 or imprisoned for not more than one
year, or both.
(c) Inducements to lend or assign
Any person who knowingly and willfully makes an unlawful payment
to an eligible lender under part B of this subchapter or attempts
to make such unlawful payment as an inducement to make, or to
acquire by assignment, a loan insured under such part shall, upon
conviction thereof, be fined not more than $10,000 or imprisoned
for not more than one year, or both.
(d) Obstruction of justice
Any person who knowingly and willfully destroys or conceals any
record relating to the provision of assistance under this
subchapter and part C of subchapter I of chapter 34 of title 42 or
attempts to so destroy or conceal with intent to defraud the United
States or to prevent the United States from enforcing any right
obtained by subrogation under this part, shall upon conviction
thereof, be fined not more than $20,000 or imprisoned not more than
5 years, or both.
SOURCE
(Pub. L. 89-329, title IV, Sec. 490, as added Pub. L. 99-498, title
IV, Sec. 407(a), Oct. 17, 1986, 100 Stat. 1491; amended Pub. L. 102-
325, title IV, Sec. 495, July 23, 1992, 106 Stat. 631.)
PRIOR PROVISIONS
A prior section 1097, Pub. L. 89-329, title IV, Sec. 490, as
added Pub. L. 96-374, title IV, Sec. 451(a), Oct. 3, 1980, 94 Stat.
1453, related to criminal penalties, prior to the general revision
of this part by Pub. L. 99-498.
AMENDMENTS
1992 - Pub. L. 102-325 amended section generally, inserting
provisions relating to attempted offenses, wherever appearing, and
in subsec. (a) inserting provisions relating to failure to refund
and substituting provisions relating to $20,000 and $5,000 fines
for provisions relating to $10,000 and $1,000 fines, respectively,
in subsec. (b) substituting provisions relating to $10,000 fines
for provisions relating to $1,000 fines, in subsec. (c)
substituting provisions relating to $10,000 fines for provisions
relating $1,000 fines, and in subsec. (d) substituting provisions
relating to $20,000 fines for provisions relating to $10,000 fines.
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