Page:United States Statutes at Large Volume 57 Part 1.djvu/137

 PUBLIC LAWS-CH. 117-JUNE 4, 1943 Benefits wrongfully received. or other payment or to furnish any reports required of him under this Act, shall for each such offense be fined not more than $1,000 or imprisoned not more than six months, or both. For purposes of this subsection an officer of a corporation charged with any duty required by this Act shall be personally liable to prosecution under this section. "(c) Any person who shall willfully violate any provision of this Act or any rule or regulation thereunder, the violation of which is made unlawful or the observance of which is required under the terms of this Act, and for which a penalty is neither prescribed herein nor provided by any other applicable statute, shall be pun- ished by a fine of not more than $200 or by imprisonment for not longer than sixty days, or by both such fine and imprisonment, and each day such violation continues shall be deemed to be a separate offense. "(d) Any person who, by reason of his fraud, has received any sum as benefits under this Act to which he is not entitled shall, in the discretion of the Board, be liable to repay such sum to the Board, to be deposited in the fund; be liable to have such sum deducted from any future benefits payable to him under this Act or may have such sum waived in the discretion of the Board. If any person, other than by reason of his fraud, is paid any sum as benefits under this Act, to which he was not entitled, he shall not be liable to repay such sum, but in the discretion of the Board be liable to have such sum deducted from any future benefits payable to him with respect to the benefit year current at the time of such receipt: Provided, however, That no such recoupment from future benefits shall be had if such sum is received by such person without fault on his part and such recoupment would defeat the purpose of this Act or would be against equity and good conscience; or in the discretion of the Board such recoupment has been waived. In any case in which, under this subsection, a claimant is liable to repay to the Board any sum, such sum may be collected without interest, by civil action in the name of the Board. The disbursing officer and certifying officer of the Board shall not be held liable for any amounts certified or paid by them, in good faith, prior to the effec- tive date of this Act, or subsequent thereto, to any person where the refund, recoupment, adjustment, or recovery of such amount is waived under this subsection or where such refund, recoupment, adjustment, or recovery under this subsection is not completed prior to the death of the person against whom such refund, recoupment, adjustment, or recovery has been authorized. "DISsPosrTIN OF FINES "SEO. 20. The amount of all fines collected pursuant to the pro- visions of this Act shall be turned over to the Board and by it paid into the District unemployment fund. "REPRESENTATION IN COURT "SEC. 21. (a) On the request of the Board the United States attorney for the District of Columbia shall represent the Board in any action in court arising under this Act, or in connection with the administration and enforcement of its provisions, or the rules and regulations authorized thereunder, including actions for the collection of contributions due hereunder; but in any civil action the Board may be represented by its own counsel. "(b) Violations of any provision of this Act shall be prosecuted by the United States attorney for the District of Columbia. [57 STAT.

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