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CITE

    20 USC Sec. 1097                                            01/05/2009

EXPCITE

    TITLE 20 - EDUCATION
    CHAPTER 28 - HIGHER EDUCATION RESOURCES AND STUDENT ASSISTANCE
    SUBCHAPTER IV - STUDENT ASSISTANCE
    Part F - General Provisions Relating to Student Assistance Programs

HEAD

    Sec. 1097. Criminal penalties

STATUTE

    (a) In general
      Any person who knowingly and willfully embezzles, misapplies,
    steals, obtains by fraud, false statement, or forgery, or fails to
    refund any funds, assets, or property provided or insured under
    this subchapter and part C of subchapter I of chapter 34 of title
    42 or attempts to so embezzle, misapply, steal, obtain by fraud,
    false statement or forgery, or fail to refund any funds, assets, or
    property, shall be fined not more than $20,000 or imprisoned for
    not more than 5 years, or both, except if the amount so embezzled,
    misapplied, stolen, obtained by fraud, false statement, or forgery,
    or failed to be refunded does not exceed $200, then the fine shall
    not be more than $5,000 and imprisonment shall not exceed one year,
    or both.
    (b) Assignment of loans
      Any person who knowingly and willfully makes any false statement,
    furnishes any false information, or conceals any material
    information in connection with the assignment of a loan which is
    made or insured under this subchapter and part C of subchapter I of
    chapter 34 of title 42 or attempts to so make any false statement,
    furnish any false information, or conceal any material information
    in connection with such assignment shall, upon conviction thereof,
    be fined not more than $10,000 or imprisoned for not more than one
    year, or both.
    (c) Inducements to lend or assign
      Any person who knowingly and willfully makes an unlawful payment
    to an eligible lender under part B of this subchapter or attempts
    to make such unlawful payment as an inducement to make, or to
    acquire by assignment, a loan insured under such part shall, upon
    conviction thereof, be fined not more than $10,000 or imprisoned
    for not more than one year, or both.
    (d) Obstruction of justice
      Any person who knowingly and willfully destroys or conceals any
    record relating to the provision of assistance under this
    subchapter and part C of subchapter I of chapter 34 of title 42 or
    attempts to so destroy or conceal with intent to defraud the United
    States or to prevent the United States from enforcing any right
    obtained by subrogation under this part, shall upon conviction
    thereof, be fined not more than $20,000 or imprisoned not more than
    5 years, or both.

SOURCE

    (Pub. L. 89-329, title IV, Sec. 490, as added Pub. L. 99-498, title
    IV, Sec. 407(a), Oct. 17, 1986, 100 Stat. 1491; amended Pub. L. 102-
    325, title IV, Sec. 495, July 23, 1992, 106 Stat. 631.)

PRIOR PROVISIONS

      A prior section 1097, Pub. L. 89-329, title IV, Sec. 490, as
    added Pub. L. 96-374, title IV, Sec. 451(a), Oct. 3, 1980, 94 Stat.
    1453, related to criminal penalties, prior to the general revision
    of this part by Pub. L. 99-498.
                                AMENDMENTS
      1992 - Pub. L. 102-325 amended section generally, inserting
    provisions relating to attempted offenses, wherever appearing, and
    in subsec. (a) inserting provisions relating to failure to refund
    and substituting provisions relating to $20,000 and $5,000 fines
    for provisions relating to $10,000 and $1,000 fines, respectively,
    in subsec. (b) substituting provisions relating to $10,000 fines
    for provisions relating to $1,000 fines, in subsec. (c)
    substituting provisions relating to $10,000 fines for provisions
    relating $1,000 fines, and in subsec. (d) substituting provisions
    relating to $20,000 fines for provisions relating to $10,000 fines.