U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart G— Insurance and Annuities › Chapter CHAPTER 81— COMPENSATION FOR WORK INJURIES › Subchapter SUBCHAPTER I— GENERALLY

5 U.S.C. § 8148

Forfeiture of benefits by convicted felons

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(a) Any individual convicted of a violation of section 1920 of title 18, or any other Federal or State criminal statute relating to fraud in the application for or receipt of any benefit under this subchapter or subchapter III of this chapter, shall forfeit (as of the date of such conviction) any entitlement to any benefit such individual would otherwise be entitled to under this subchapter or subchapter III for any injury occurring on or before the date of such conviction. Such forfeiture shall be in addition to any action the Secretary may take under section 8106 or 8129.(b)(1) Notwithstanding any other provision of this chapter (except as provided under paragraph (3)), no benefits under this subchapter or subchapter III of this chapter shall be paid or provided to any individual during any period during which such individual is confined in a jail, prison, or other penal institution or correctional facility, pursuant to that individual’s conviction of an offense that constituted a felony under applicable law.(2) Such individual shall not be entitled to receive the benefits forfeited during the period of incarceration under paragraph (1), after such period of incarceration ends.(3) If an individual has one or more dependents as defined under section 8110(a), the Secretary of Labor may, during the period of incarceration, pay to such dependents a percentage of the benefits that would have been payable to such individual computed according to the percentages set forth in section 8133(a)(1) through (5).(c) Notwithstanding the provision of section 552a of this title, or any other provision of Federal or State law, any agency of the United States Government or of any State (or political subdivision thereof) shall make available to the Secretary of Labor, upon written request, the names and Social Security account numbers of individuals who are confined in a jail, prison, or other penal institution or correctional facility under the jurisdiction of such agency, pursuant to such individuals’ conviction of an offense that constituted a felony under applicable law, which the Secretary of Labor may require to carry out the provisions of this section.(Added Pub. L. 103–333, title I, § 101(a)(1), Sept. 30, 1994, 108 Stat. 2546; amended Pub. L. 105–247, § 1, Oct. 9, 1998, 112 Stat. 1863.)Editorial NotesPrior Provisions

A prior section 8148, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 555, provided for a report to Congress by Secretary of Labor at beginning of each regular session covering work for preceding fiscal year under this subchapter, prior to repeal by Pub. L. 90–83, § 1(69), Sept. 11, 1967, 81 Stat. 213.

Amendments

1998—Subsec. (a). Pub. L. 105–247 substituted “or receipt” for “a receipt”.

Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 103–333, title I, § 101(c), Sept. 30, 1994, 108 Stat. 2548, provided that: “The amendments made by this section [enacting this section and amending section 1920 of Title 18, Crimes and Criminal Procedure] shall take effect on the date of the enactment of this Act [Sept. 30, 1994]. The amendments made by subsection (a) [enacting this section] shall apply to claims filed before, on, or after the date of enactment of this Act, and shall apply only to individuals convicted after such date of enactment.”

Notes of Decisions
Cited in 21 cases, 1997–2019 · leading case: United States v. Webber, 536 F.3d 584 (7th Cir. 2008).
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United States v. Webber, 536 F.3d 584 (7th Cir. 2008). · cites it 9× “Webber received, exceeded the loss sustained by the Government as the victim of Ms. Webber’s crime. See Appellee’s Br.”
United States v. Lonnie Lillard, 935 F.3d 827 (9th Cir. 2019). · cites it 2× “, 5 U.S.C. § 8148 (b)(1)–(2) (making clear that “period of incarceration” refers to incarceration “pursuant to .”
People v. Hamilton, 241 Cal. Rptr. 3d 765 (Cal. Ct. App. 5th 2018). · cites it 3× “" ( 5 U.S.C § 8148, subd. (a), italics added.”
Garner v. U.S. Dep't of Labor, 221 F.3d 822 (5th Cir. 2000). · cites it 3× “Garner III appeals the dismissal of his mandamus petition for lack of subject-matter jurisdiction, contending that the district court erred in its holding that 5 U.S.C. § 8148 (a) does not implicate the ex post facto clause nor violate the eighth amendment.”
United States v. Boring, 557 F.3d 707 (6th Cir. 2009). “2 The government may rely on 5 U.S.C. § 8148 and 20 C.F.R. § 10.529 in a civil forfeiture proceeding to recover the entire amount at issue.”
United States v. Prentice Harold Dawkins, 202 F.3d 711 (4th Cir. 2000). “See 5 U.S.C.A. § 8148 (a) (West Supp.1999); 20 C.”
United States v. Alphas, 785 F.3d 775 (1st Cir. 2015). “, 5 U.S.C. § 8148 (a); 28 U.S.C. § 2514 . But when the same fraudulent conduct undergirds a criminal conviction, courts have steadfastly refused to equate the amount of loss under the sentencing guidelines with the amount recoverable by the government through civil forfeiture.”
United States v. Carpentieri, 23 F. Supp. 2d 433 (S.D.N.Y. 1998). · cites it 3× “Namely, he points to the following congressional provisions to suggest that the Government has other, congressionally authorized, methods to combat fraud under FECA than the one it seeks to employ in the instant action: (a) forfeiture of FECA benefits upon a claimant’s criminal…”
State v. Leffingwell, 106 Wash. App. 835 (Wash. Ct. App. 2001). · cites it 3× “Investigation and Dismissal of Charges On September 30, 1994, Congress enacted 5 U.S.C. § 8148 . This statute stops FECA benefits during imprisonment for a felony, 5 U.”
State v. Leffingwell, 25 P.3d 484 (Wash. Ct. App. 2001). · cites it 3× “INVESTIGATION AND DISMISSAL OF CHARGES On September 30, 1994, Congress enacted 5 U.S.C. § 8148 . This statute stops FECA benefits during imprisonment for a felony, 5 U.”
Slugocki v. United States ex rel. Dep't of Labor, Off. of Workers' Comp. Programs, Div. of Fed. Employees' Comp., 988 F. Supp. 1443 (S.D. Fla. 1997). · cites it 7× “) The OWCP is alleged to have based its administrative action on 5 U.S.C. § 8148 (a) which states in part, any individual convicted of a violation of Section 1920 of Title 18, or any other Federal or State criminal statute relating to fraud in the application for or receipt of…”
Slugocki v. Us by & Through Dept. of Labor, 988 F. Supp. 1443 (S.D. Fla. 1997). · cites it 7× “) The OWCP is alleged to have based its administrative action on 5 U.S.C. § 8148 (a) which states in part, any individual convicted of a violation of Section 1920 of Title 18, or any other Federal or State criminal statute relating to fraud in the application for or receipt of…”
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