18-U.S.C.-290
§290 – Discharge Papers Withheld By Claim Agent
Pathway
Title 18 > Part I > Chapter 15 > Section 290
Details
- Reference: Section 290
- Legend: §290 – Discharge Papers Withheld By Claim Agent
- USCode Year: 2013
Provision Content
Whoever, being a claim agent, attorney, or other person engaged in the collection of claims for pay, pension, or other allowances for any soldier, sailor, or marine, or for any commissioned officer of the military or naval forces, or for any person who may have been a soldier, sailor, marine, or officer of the regular or volunteer forces of the United States, or for his dependents or beneficiaries, retains, without the consent of the owner or owners thereof, or refuses to deliver or account for the same upon demand duly made by the owner or owners thereof, or by their agent or attorney, the discharge papers of any such soldier, sailor, or marine, or commissioned officer, which may have been placed in his hands for the purpose of collecting said claims, shall be fined under this title or imprisoned not more than six months, or both; and shall be debarred from prosecuting any such claim in any department or agency of the United States.
(June 25, 1948, ch. 645, 62 Stat. 699; Pub. L. 103–322, title XXXIII, §330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)
Historical and Revision Notes
Based on section 100 of title 31, Money and Finance, section 130 of title 38, Pensions, Bonuses, and Veterans’ Relief, and section 841 of title 43, Public Lands, all U.S.C., 1940 ed. (May 21, 1872, ch. 178, 17 Stat. 137).
Words deemed guilty of a misdemeanor were deleted as unnecessary. (See definition of misdemeanor in section 1 of this title.)
Words and shall upon conviction, be were omitted as surplusage since punishment can follow only after conviction.
To clarify meaning of executive department word executive before department was deleted and words or agency were inserted after it. (See definitions of department and agency in section 6 of this title.)
Words bounty, before pension, and or land warrant, before of any such soldier, were deleted as obsolete. According to regulations, Circular 1151, January 8, 1929, issued by the Secretary of the Interior and the General Land Office (see 43 CFR 131.1–131.2) warrants for bounty lands were and are issued by the Commissioner of Pensions (Administrator of Veterans’ Affairs) for services in wars or battles prior to March 3, 1855 only. Further, it is stated that Warrants can not now be ‘located’ upon the public lands. The locating privilege was denied except in the state of Missouri after the passage of the act of March 2, 1889 (25 Stat. 854; 43 U.S.C. §700), and there are no lands known to the General Land Office to be subject to warrant location in Missouri.
Words and honorably discharged were omitted as unnecessary and words or for his dependents or beneficiaries were inserted after United States so as to embrace an important class of persons who employ attorneys or agents in the collection of claims permitted by statute.
Minor changes of phraseology were also made.
Amendments
1994—Pub. L. 103–322 substituted fined under this title for fined not more than $500.
U.S. Encyclopedia of Law Coverage
18-U.S.C.-247 in the Legal Encyclopedia: Criminal Law
In this entry about 18-U.S.C.-247, find legal reference material, bibliographies and premiere content related to criminal law in the American Encyclopedia of Law, presenting a comprehensive view of the United States criminal law-specific issues, written by authorities in the field.
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