§ 8345a. Embezzlement or conversion of payments

273 words·~1 min read·/usc/title-5/section-8345a

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(a)Embezzling and Conversion Generally.—

(1)In general.— It shall be unlawful for a representative payee to embezzle or in any manner convert all or any part of the amounts received from payments received as a representative payee to a use other than for the use and benefit of the minor or individual on whose behalf such payments were received.

(2)Revocation.— If the Office determines that a representative payee has embezzled or converted payments as described in paragraph (1), the Office shall promptly—

(A)revoke the certification for payment of benefits to the representative payee; and

(B)certify payment—

(i)to another representative payee; or

(ii)if the interest of the individual under this title would be served thereby, to the individual.

(b)Penalty.— Any person who violates subsection (a)(1) shall be fined under title 18, imprisoned for not more than 5 years, or both.

(Added Pub. L. 116–126, § 2(b)(1), Mar. 18, 2020, 134 Stat. 174.)

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