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38 U.S.C. § 6104 — Forfeiture for treason

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 6104 — Forfeiture for treason

**(a)** Any person shown by evidence satisfactory to the Secretary to be guilty of mutiny, treason, sabotage, or rendering assistance to an enemy of the United States or of its allies shall forfeit all accrued or future gratuitous benefits under laws administered by the Secretary. **(b)** The Secretary, in the Secretary’s discretion, may apportion and pay any part of benefits forfeited under subsection (a) to the dependents of the person forfeiting such benefits. No dependent of any person shall receive benefits by reason of this subsection in excess of the amount to which the dependent would be entitled if such person were dead. **(c)** In the case of any forfeiture under this section there shall be no authority after September 1, 1959 (1) to make an apportionment award pursuant to subsection (b) or (2) to make an award to any person of gratuitous benefits based on any period of military, naval, air, or space service commencing before the date of commission of the offense.

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Stable record: federal_law:legal_authorities:record_usc_1a15c8a1bd6598ac2fd9d72d
Source file: Laws/federal/codes/united-states-code/title-38/section-6104-forfeiture-for-treason--8c62712d2d.md
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Source location: Title 38, Chapter 61, § 6104; chapter-061-penal-and-forfeiture-provisions.md

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**(a)** Any person shown by evidence satisfactory to the Secretary to be guilty of mutiny, treason, sabotage, or rendering assistance to an enemy of the United States or of its allies shall forfeit all accrued or future gratuitous benefits under laws administered by the Secretary. **(b)** The Secretary, in the Secretary’s discretion, may apportion and pay any part of benefits forfeited under subsection (a) to the dependents of the person forfeiting such benefits. No dependent of any person shall receive benefits by reason of this subsection in excess of the amount to which the dependent would be entitled if such person were dead. **(c)** In the case of any forfeiture under this section there shall be no authority after September 1, 1959 (1) to make an apportionment award pursuant to subsection (b) or (2) to make an award to any person of gratuitous benefits based on any period of military, naval, air, or space service commencing before the date of commission of the offense.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 6103 — Forfeiture for fraud

**(a)** Whoever knowingly makes or causes to be made or conspires, combines, aids, or assists in, agrees to, arranges for, or in any way procures the making or presentation of a false or fraudulent affidavit, declaration, certificate, statement, voucher, or paper, concerning any claim for benefits under any of the laws administered by the Secretary (except laws pertaining to insurance benefits) shall forfeit all rights, claims, and benefits under all laws administered by the Secretary (except laws pertaining to insurance benefits). **(b)** Whenever a veteran entitled to disability compensation has forfeited the right to such compensation under this section, the compensation payable but for the forfeiture shall thereafter be paid to the veteran’s spouse, children, and parents. Payments made to a spouse, children, and parents under the preceding sentence shall not exceed the amounts payable to each if the veteran had died from service-connected disability. No spouse, child, or parent who participated in the fraud for which forfeiture was imposed shall receive any payment by reason of this subsection. An apportionment award under this subsection may not be made in any case after September 1, 1959. **(c)** Forfeiture of benefits by a veteran shall not prohibit payment of the burial allowance, death compensation, dependency and indemnity compensation, or death pension in the event of the veteran’s death. **(d)** (1) After September 1, 1959, no forfeiture of benefits may be imposed under this section or [section 6104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section6104&num=0&edition=prelim) upon any individual who was a resident of, or domiciled in, a State at the time the act or acts occurred on account of which benefits would,

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 6104 — Forfeiture for treason

Page 1107 TITLE 38—VETERANS’ BENEFITS § 6104 pated in the fraud for which forfeiture was im- posed shall receive any payment by reason of this subsection. An apportionment award under this subsection may not be made in any case after September 1, 1959. (c) Forfeiture of benefits by a veteran shall not prohibit payment of the burial allowance, death compensation, dependency and indemnity compensation, or death pension in the event of the veteran’s death. (d)(1) After September 1, 1959, no forfeiture of benefits may be imposed under this section or section 6104 of this title upon any individual who was a resident of, or domiciled in, a State at the time the act or acts occurred on account of which benefits would, but not for this sub- section, be forfeited unless such individual ceases to be a resident of, or domiciled in, a State before the expiration of the period during which criminal prosecution could be instituted. This subsection shall not apply with respect to (A) any forfeiture occurring before September 1, 1959, or (B) an act or acts which occurred in the Philippine Islands before July 4, 1946. (2) The Secretary is hereby authorized and di- rected to review all cases in which, because of a false or fraudulent affidavit, declaration, certifi- cate, statement, voucher, or paper, a forfeiture of gratuitous benefits under laws administered by the Secretary was imposed, pursuant to this section or prior provisions of law, on or before September 1, 1959. In any such case in which the Secretary determines that the forfeiture would not have been imposed under the provisions of this section in effect after September 1, 1959, the Secretary shall remit the forfeiture, effective June 30, 1972. Benefits to which the individual concerned become

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