U.S. Code » Title 38 » Part PART IV— GENERAL ADMINISTRATIVE PROVISIONS › Chapter CHAPTER 61— PENAL AND FORFEITURE PROVISIONS

38 U.S.C. § 6102

Fraudulent acceptance of payments

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(a) Any person entitled to monetary benefits under any of the laws administered by the Secretary whose right to payment thereof ceases upon the happening of any contingency, who thereafter fraudulently accepts any such payment, shall be fined in accordance with title 18, 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 Secretary without being entitled to it, and with intent to defraud the United States or any beneficiary of the United States, shall be fined in accordance with title 18, or imprisoned not more than one year, or both.(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1239, § 3502; renumbered § 6102, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–54, § 14(d)(7), June 13, 1991, 105 Stat. 286; Pub. L. 102–83, § 4(a)(1), Aug. 6, 1991, 105 Stat. 403.)Editorial NotesAmendments

1991—Pub. L. 102–40 renumbered section 3502 of this title as this section.

Pub. L. 102–83 substituted “administered by the Secretary” for “administered by the Veterans’ Administration” in subsecs. (a) and (b).

Pub. L. 102–54 amended section as in effect immediately before the enactment of Pub. L. 102–40 by substituting “in accordance with title 18” for “not more than $2,000” in subsecs. (a) and (b).

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2013–2023 · leading case: State v. Herrera, 2014 NMCA 3 (N.M. Ct. App. 2013).
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State v. Herrera, 2014 NMCA 3 (N.M. Ct. App. 2013). · cites it 3× “{19} Defendants also direct this Court’s attention to 38 U.S.C. § 6102 (2006), which provides a punishment for fraudulently obtaining funds from the VA.”
State v. Herrera, 2014 NMCA 003 (N.M. Ct. App. 2013). · cites it 2× “{19} Defendants also direct this Court’s attention to 38 U.S.C. § 6102 (2006), which provides a punishment for fraudulently obtaining funds from the VA.”
State v. Herrera (N.M. Ct. App. 2013). · cites it 3× “{19} Defendants also direct this Court’s attention to 38 U.S.C. § 6102 (2006), which provides a punishment for fraudulently obtaining funds from the VA.”
Brown v. Sercus (M.D. Fla. 2023). “§ 407 , and 38 U.S.C. § 6102 (b). (Doc. 1 at 3). 2 Although brought against a different defendant, Plaintiff raised similar claims in an earlier filed case that is now closed.”
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