Page:United States Statutes at Large Volume 71.djvu/161

 71

STAT.]

PUBLIC LAW 85-56-JUNE 17, 1957

125

TITLE XI—PENAL AND FOR F E I T U R E PROVISIONS MISAPPROPRIATION BY FIDUCIARIES

SEC. 1101. (a) Whoever, being a guardian, curator, conservator, committee, or person legally vested with the responsibility or care of a claimant or his 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 Veterans' Administration 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 his control in any manner whatever in the execution of his trust, or under color of his office or service as such fiduciary, shall be fined not more than $2,000 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. FRAUDULENT ACCEPTANCE OF PAYMENTS

SEC. 1102. (a) Any person entitled to monetary benefits under any of the laws administered by the Veterans' Administration whose right to payment thereof ceases upon the happening of any contingency, who thereafter fraudulently accepts any such payment, shall be fined not more than $2,000, or imprisoned not more than one year, or both. (b) Whoever obtains or receives any money or check under any of the laws administered by the Veterans' Administration without being entitled to it, and with intent to defraud the United States or any beneficiary of the United States, shall be fined not more than $2,000, or imprisoned not more than one year, or both. FORFEITURE FOR FRAUD

SEC. 1103. (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 Veterans' Administration (except laws pertaining to insurance benefits) shall forfeit all rights, claims, and benefits under all laws administered by the Veterans' Administration (except laws pertaining to insurance benefits). (b) Whenever a veteran entitled to disability compensation has forfeited his right to such compensation under section 504 of the World W a r Veterans' Act, 1924, section 15 of Public, Numbered 2, Seventythird Congress, or this section, the compensation payable but for the forfeiture shall thereafter be paid to his wife, children, and parents. Payments made to a wife, 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 wife, child, or parent who participated in the fraud for which forfeit^ire was imposed shall receive any payment by reason of this subsection. (c) Forfeiture of benefits by a veteran under this section or prior law on such subject shall not prohibit payment of the burial allowance, death compensation, dependency and indemnity compensation, or death pension in the event of his death. 84352 O - 58 - U

^3 stat^. 629. 48 Stat. ^ i.' 38 USC 715. " '

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