38 U.S.C. § 6108 — Authority for judicial orders of restitution

FEDERAL · 38 U.S.C. · Chapter 61

Authority for judicial orders of restitution

38 U.S.C. § 6108

Chapter61 — PENAL AND FORFEITURE PROVISIONS

This text of 38 U.S.C. § 6108 (Authority for judicial orders of restitution) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

38 U.S.C. § 6108.

Text

(a)Any Federal court, when sentencing a defendant convicted of an offense arising from the misuse of benefits under this title, may order, in addition to or in lieu of any other penalty authorized by law, that the defendant make restitution to the Department.

(b)Sections 3612, 3663, and 3664 of title 18 shall apply with respect to the issuance and enforcement of orders of restitution under subsection (a). In so applying those sections, the Department shall be considered the victim.

(c)If the court does not order restitution, or orders only partial restitution, under subsection (a), the court shall state on the record the reasons therefor.

(d)Amounts received in connection with misuse by a fiduciary of funds paid as benefits under laws administered by the Secretary shall be paid to the

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(a) Any Federal court, when sentencing a defendant convicted of an offense arising from the misuse of benefits under this title, may order, in addition to or in lieu of any other penalty authorized by law, that the defendant make restitution to the Department.
(b) Sections 3612, 3663, and 3664 of title 18 shall apply with respect to the issuance and enforcement of orders of restitution under subsection (a). In so applying those sections, the Department shall be considered the victim.
(c) If the court does not order restitution, or orders only partial restitution, under subsection (a), the court shall state on the record the reasons therefor.
(d) Amounts received in connection with misuse by a fiduciary of funds paid as benefits under laws administered by the Secretary shall be paid to the individual whose benefits were misused. If the Secretary has previously reissued the misused benefits, the amounts shall be treated in the same manner as overpayments recouped by the Secretary and shall be deposited to the credit of the applicable revolving fund, trust fund, or appropriation.

Source Credit

History

(Added Pub. L. 108–454, title V, §504(b)(1), Dec. 10, 2004, 118 Stat. 3621.)

Editorial Notes

Statutory Notes and Related Subsidiaries

Effective Date
Section 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.

Editorial Notes

Amendments
2025—Pub. L. 118–210, title III, §302(b), Jan. 2, 2025, 138 Stat. 2791, added items 6307 to 6309 and struck out former items 6307 "Outreach for eligible dependents" and 6308 "Biennial report to Congress".
2022—Pub. L. 117–205, §2(c), Oct. 17, 2022, 136 Stat. 2233, added subchapter I heading and added item for subchapter II and item 6320.

Editorial Notes

Amendments
2022—Pub. L. 117–205, §2(b)(1), Oct. 17, 2022, 136 Stat. 2233, inserted subchapter heading.

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Bluebook (online)

38 U.S.C. § 6108, Counsel Stack Legal Research, https://law.counselstack.com/usc/38/6108.