§ 6101. — Misappropriation by fiduciaries.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC6101]
TITLE 38--VETERANS' BENEFITS
PART IV--GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 61--PENAL AND FORFEITURE PROVISIONS
Sec. 6101. Misappropriation by fiduciaries
(a) Whoever, being a guardian, curator, conservator, committee, or
person legally vested with the responsibility or care of a claimant or a
claimant's estate, or any other person having charge and custody in a
fiduciary capacity of money heretofore or hereafter paid under any of
the laws administered by the Secretary for the benefit of any minor,
incompetent, or other beneficiary, shall lend, borrow, pledge,
hypothecate, use, or exchange for other funds or property, except as
authorized by law, or embezzle or in any manner misappropriate 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, Sec. 3501; Pub. L. 99-
576, title VII, Sec. 701(82), Oct. 28, 1986, 100 Stat. 3298; renumbered
Sec. 6101, Pub. L. 102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105
Stat. 238; Pub. L. 102-54, Sec. 14(d)(7), June 13, 1991, 105 Stat. 286;
Pub. L. 102-83, Sec. 4(a)(1), Aug. 6, 1991, 105 Stat. 403; Pub. L. 103-
446, title XII, Sec. 1201(e)(17), Nov. 2, 1994, 108 Stat. 4686.)
Amendments
1994--Subsec. (a). Pub. L. 103-446 inserted a comma after ``title
18''.
1991--Pub. L. 102-40 renumbered section 3501 of this title as this
section.
Subsec. (a). Pub. L. 102-83 substituted ``administered by the
Secretary'' for ``administered by the Veterans' Administration''.
Pub. L. 102-54 amended subsec. (a) as in effect immediately before
the enactment of Pub. L. 102-40 by substituting ``in accordance with
title 18'' for ``not more than $2,000''.
1986--Subsec. (a). Pub. L. 99-576 substituted ``a claimant's'' for
``his'' before ``estate'', and ``such fiduciary's'' for ``his'' in three
places.
