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38 U.S.C. § 6103 — Forfeiture for fraud
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source location: Title 38, Chapter 61, § 6103; chapter-061-penal-and-forfeiture-provisions.md
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**(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, but not for this subsection, 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 directed to review all cases in which, because of a false or fraudulent affidavit, declaration, certificate, 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 becomes eligible by virtue of any such remission may be awarded, upon application therefor, and the effective date of any award of compensation, dependency and indemnity compensation, or pension made in such a case shall be fixed in accordance with the provisions of [section 5110(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5110/g&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a)** Whenever any veteran disposes of residential property securing a guaranteed, insured, or direct housing loan obtained by the veteran, the Secretary, upon application made by such veteran and by the transferee incident to such disposal, shall issue to such veteran in connection with such disposal a release relieving the veteran of all further liability to the Secretary on account of such loan (including liability for any loss resulting from any default of the transferee or any subsequent purchaser of such property) if the Secretary has determined, after such investigation as the Secretary may deem appropriate, that (1) the loan is current, and (2) the purchaser of such property from such veteran (A) is obligated by contract to purchase such property and to assume full liability for the repayment of the balance of the loan remaining unpaid, and has assumed by contract all of the obligations of the veteran under the terms of the instruments creating and securing the loan, and (B) qualifies from a credit standpoint, to the same extent as if the transferee were a veteran eligible for purposes specified in [section 3710 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3710&num=0&edition=prelim), for a guaranteed or insured or direct loan in an amount equal to the unpaid balance of the obligation for which the transferee has assumed liability.
**(b)** If any veteran disposes of residential property securing a guaranteed, insured, or direct housing loan obtained by the veteran under this chapter without receiving a release from liability with respect to such loan under subsection (a), and a default subsequently occurs which results in liability of the veteran to the Secretary on account of the loan, the Secretary may relieve th
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3713
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1)
(A) Except as provided in subparagraph (B), a specific claim in the form prescribed by the Secretary (or jointly with the Commissioner of Social Security, as prescribed by [section 5105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5105&num=0&edition=prelim)) must be filed in order for benefits to be paid or furnished to any individual under the laws administered by the Secretary.
(B)
(i) The Secretary may pay benefits under chapters 13 and 15 and sections 2303, 2307, and 5121 of this title to a survivor of a veteran who has not filed a formal claim if the Secretary determines that the record contains sufficient evidence to establish the entitlement of the survivor to such benefits.
(ii) For purposes of this subparagraph and [section 5110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5110&num=0&edition=prelim), the earlier of the following dates shall be treated as the date of the receipt of the survivor’s application for benefits described in clause (i):
(I) The date on which the survivor of a veteran (or the representative of such a survivor) notifies the Secretary of the death of the veteran through a death certificate or other relevant evidence that establishes entitlement to survivors’ benefits identified in clause (i).
(II) The head of any other department or agency of the Federal Government notifies the Secretary of the death of the veteran.
(iii) In notifying the Secretary of the death of a veteran as described in clause (ii)(I), the survivor (or the representative of such a survivor) may submit to the Secretary additional documents relating to such death without being required to file a formal claim.
(2) If an individual has
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Federal law — U.S. Code and appendices · legal_authorities
Page 1106
TITLE 38—VETERANS’ BENEFITS
§ 6101
Sec.
6102.
Fraudulent acceptance of payments.
6103.
Forfeiture for fraud.
6104.
Forfeiture for treason.
6105.
Forfeiture for subversive activities.
6106.
Misuse of benefits by fiduciaries.
6107.
Reissuance of benefits.
6108.
Authority for judicial orders of restitution.
Editorial Notes
AMENDMENTS
2004—Pub. L. 108–454, title V, §§ 503(b), 504(b)(2), Dec.
10, 2004, 118 Stat. 3620, 3621, added items 6106 to 6108.
1991—Pub. L. 102–40, title IV, § 402(c)(1), May 7, 1991,
105 Stat. 239, renumbered items 3501 to 3505 as 6101 to
6105, respectively.
1959—Pub. L. 86–222, § 3(b), Sept. 1, 1959, 73 Stat. 453,
added item 3505.
§ 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 misappro-
priate 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, § 3501;
Pub. L. 99–576, title VII, § 701(82), Oct. 28, 1986, 100
Stat. 3298; renumbered § 610
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