38-U.S.C.-6103
§6103 – Forfeiture For Fraud
Pathway
Title 38 > Part IV > Chapter 61 > Section 6103
Details
- Reference: Section 6103
- Legend: §6103 – Forfeiture For Fraud
- USCode Year: 2013
Provision Content
(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 veterans 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 veterans 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 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.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1240, §3503; Pub. L. 86–222, §1, Sept. 1, 1959, 73 Stat. 452; Pub. L. 91–24, §13(a), June 11, 1969, 83 Stat. 34; Pub. L. 92–328, title II, §206, June 30, 1972, 86 Stat. 397; Pub. L. 98–160, title VII, §703(6), Nov. 21, 1983, 97 Stat. 1011; Pub. L. 99–576, title VII, §701(83), Oct. 28, 1986, 100 Stat. 3298; renumbered §6103 and amended Pub. L. 102–40, title IV, §402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–54, §14(d)(8), June 13, 1991, 105 Stat. 286; Pub. L. 102–83, §4(a)(1), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 403–405; Pub. L. 103–446, title XII, §1201(e)(18), (f)(5), Nov. 2, 1994, 108 Stat. 4686, 4687.)
Amendments
1994—Subsec. (d)(1). Pub. L. 103–446, §1201(e)(18), in second sentence substituted (A) any for (a) any, (B) an act for (b) an act, and before July 4, 1946 for prior to July 4, 1946.
Subsec. (d)(2). Pub. L. 103–446, §1201(f)(5), substituted June 30, 1972 for the date of enactment of this amendatory Act.
1991—Pub. L. 102–40, §402(b)(1), renumbered section 3503 of this title as this section.
Subsec. (a). Pub. L. 102–83, §4(a)(1), substituted administered by the Secretary for administered by the Veterans’ Administration in two places.
Subsec. (b). Pub. L. 102–54, §14(d)(8)(A), amended subsec. (b) as in effect immediately before the enactment of Pub. L. 102–40 by inserting at end An apportionment award under this subsection may not be made in any case after September 1, 1959.
Subsec. (d)(1). Pub. L. 102–40, §402(d)(1), substituted 6104 for 3504.
Subsec. (d)(2). Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator in three places.
Pub. L. 102–83, §4(a)(1), substituted administered by the Secretary for administered by the Veterans’ Administration.
Pub. L. 102–40, §402(d)(1), substituted 5110(g) for 3010(g).
Subsec. (e). Pub. L. 102–54, §14(d)(8)(B), amended section as in effect immediately before the enactment of Pub. L. 102–40 by striking out subsec. (e) which read as follows: No apportionment award under subsection (b) of this section shall be made in any case after the date of enactment of this subsection.
1986—Subsec. (c). Pub. L. 99–576, §701(83)(A), substituted the veterans for his.
Subsec. (d)(2). Pub. L. 99–576, §701(83)(B), substituted the Administrator for he in two places in second sentence.
1983—Subsec. (b). Pub. L. 98–160 substituted the right for his right, the veterans spouse for his wife, and spouse for wife in two places.
1972—Subsec. (d). Pub. L. 92–328 designated existing provisions as par. (1) and added par. (2).
1969—Subsec. (d). Pub. L. 91–24 substituted September 1, 1959 for the date of enactment of this subsection wherever appearing.
1959—Subsecs. (d) and (e). Pub. L. 86–222 added subsecs. (d) and (e).
Effective Date of 1972 Amendment
Amendment by Pub. L. 92–328 effective June 30, 1972, see section 301(c) of Pub. L. 92–328, set out as a note under section 3713 of this title.
U.S. Encyclopedia of Law Coverage
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