Us Code § 6108 - Authority for judicial orders of restitution
Full text of Us Code United States Code § 6108 — Authority for judicial orders of restitution, with citation guidance and answers to common questions.
§ 6108. Authority for judicial orders of restitution
(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.
(Added Pub. L. 108–454, title V, §504(b)(1), Dec. 10, 2004, 118 Stat. 3621.)
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.
CHAPTER 63—OUTREACH ACTIVITIES
SUBCHAPTER I—OUTREACH SERVICES PROGRAM
SUBCHAPTER II—OTHER OUTREACH PROGRAMS AND ACTIVITIES
Editorial Notes
Amendments
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.
SUBCHAPTER I—OUTREACH SERVICES PROGRAM
Editorial Notes
Amendments
2022—Pub. L. 117–205, §2(b)(1), Oct. 17, 2022, 136 Stat. 2233, inserted subchapter heading.
About This Section
38 U.S.C. § 6108 is part of Title 38 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
This section may be cited in legal writing as 38 U.S.C. § 6108. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.
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