5 U.S.C. § 8345a - Embezzlement or conversion of payments

Cite as5 U.S.C. § 8345a

(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.

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