38 U.S.C. § 5905
Penalty for certain acts
Whoever wrongfully withholds from any claimant or beneficiary any part of a benefit or claim allowed and due to the claimant or beneficiary, shall be fined as provided in title 18, or imprisoned not more than one year, or both.
Notes of Decisions
Cited in 11
cases, 1991–2011 · leading case: R. Edward Bates, Claimant-Appellant v. R. James Nicholson, Sec'y of Vets. Affairs, 398 F.3d 1355 (Fed. Cir. 2005).
R. Edward Bates, Claimant-Appellant v. R. James Nicholson, Sec'y of Vets. Affairs, 398 F.3d 1355 (Fed. Cir. 2005). “solicited and contracted for illegal fees in violation of 38 U.S.C. § 5905 (1) ... [and] deceived and misled a claimant.”
Vets. for Common Sense v. Eric K. Shinseki, 644 F.3d 845 (9th Cir. 2011). “§ 5904 (c)(1) and the related provision for criminal penalties, 38 U.S.C. § 5905 prejudice veterans by curtailing their ability to bring suit Veterans therefore sought declaratory and injunctive relief.”
Smalls v. United States, 87 Fed. Cl. 300 (Fed. Cl. 2009). “38 U.S.C. § 5905 (2) provides that “[wjhoever wrongful *306 ly withholds from any claimant or beneficiary any part of a benefit or claim allowed and due to the claimant or beneficiary, shall be fined as provided in title 18, or imprisoned not more than one year, or both.”
In re Smith, 7 Vet. App. 89 (Vet. App. 1994). “Smith is solely concerned with the possibility of criminal prosecution under 38 U.S.C. § 5905 . (“Counsel appearing in good faith before this Court should not be left guessing as to whether they have committed a criminal act in so doing.”
In re the Fee Agreement of SMITH, 1 Vet. App. 492 (Vet. App. 1991). “The attorney-fee provisions of section 5904 must be construed in light of the provisions of 38 U.S.C. § 5905 (formerly § 3405) subjecting to criminal liability any one who “directly, or indirectly solicits, contracts for, charges, or receives, or attempts [to charge or receive,]…”
In re the Fee Agreement of Stanley, 10 Vet. App. 104 (Vet. App. 1997). “387, 389 (1996); see generally 38 U.S.C. § 5905 . The Court will give due deference to the Secretary’s interpretation of “ease” in relation to specific “issues” in discrete claims because it is reasonable and plausible.”
Vets. for Common Sense v. Shinseki, 663 F.3d 1033 (9th Cir. 2011). “§ 5904 (c)(1) and the related provision for criminal penalties, 38 U.S.C. § 5905 prejudice veterans by curtailing their ability to bring suit Veterans therefore sought declaratory and injunctive relief.”
Bates v. Nicholson (Fed. Cir. 2005). “solicited and contracted for illegal fees in violation of 38 U.S.C. § 5905 (1) . . . [and] deceived and misled a claimant.”
In Re James W. Stanley (Vet. App. 2009). “See 38 U.S.C. § 5905 . Mr. Stanley appealed that decision to the Board, and Mr.”
In re Swanson, 17 Vet. App. 300 (Vet. App. 2003). “Thereafter, the Clerk’s office requested and obtained copies of documents from the United States District Court for the Western District of Washington relating to the respondent’s conviction in April 2002 for violation of 38 U.S.C. § 5905 , a misdemeanor, by unlawfully receiving…”
In re McCarty, 10 Vet. App. 192 (Vet. App. 1997). “” A related statute, 38 U.S.C. § 5905 , provides: “Whoever (1) directly or indirectly solicits, contracts for, charges, or receives, or attempts to solicit, contract for, charge, or receive, any fee or compensation except as provided in sections 5904 or 1984 of this title, .”
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