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    38 USC Sec. 6101                                            01/05/2009




    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
    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
                     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.
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