All Agencies, Latest Month All Agencies, Current FY Geographic Distribution
of Convictions for
All Agencies, FY 2014
4 Prosecutions
in April 2014
20 Prosecutions
in Fiscal Year 2014
2 Convictions
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15 Convictions
in Fiscal Year 2014

CITE

    42 USC Sec. 1383a                                           01/08/2008

EXPCITE

    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 7 - SOCIAL SECURITY
    SUBCHAPTER XVI - SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND
           DISABLED
    Part B - Procedural and General Provisions

HEAD

    Sec. 1383a. Penalties for fraud

STATUTE

    (a) In general
      Whoever -
        (1) knowingly and willfully makes or causes to be made any
      false statement or representation of a material fact in any
      application for any benefit under this subchapter,
        (2) at any time knowingly and willfully makes or causes to be
      made any false statement or representation of a material fact for
      use in determining rights to any such benefit,
        (3) having knowledge of the occurrence of any event affecting
      (A) his initial or continued right to any such benefit, or (B)
      the initial or continued right to any such benefit of any other
      individual in whose behalf he has applied for or is receiving
      such benefit, conceals or fails to disclose such event with an
      intent fraudulently to secure such benefit either in a greater
      amount or quantity than is due or when no such benefit is
      authorized, or
        (4) having made application to receive any such benefit for the
      use and benefit of another and having received it, knowingly and
      willfully converts such benefit or any part thereof to a use
      other than for the use and benefit of such other person,
    shall be fined under title 18, imprisoned not more than 5 years, or
    both.
    (b) Restitution
      (1) Any Federal court, when sentencing a defendant convicted of
    an offense under subsection (a) of this section, may order, in
    addition to or in lieu of any other penalty authorized by law, that
    the defendant make restitution to the Commissioner of Social
    Security, in any case in which such offense results in -
        (A) the Commissioner of Social Security making a benefit
      payment that should not have been made, or
        (B) an individual suffering a financial loss due to the
      defendant's violation of subsection (a) of this section in his or
      her capacity as the individual's representative payee appointed
      pursuant to section 1383(a)(2) of this title.
      (2) Sections 3612, 3663, and 3664 of title 18 shall apply with
    respect to the issuance and enforcement of orders of restitution
    under this subsection. In so applying such sections, the
    Commissioner of Social Security shall be considered the victim.
      (3) If the court does not order restitution, or orders only
    partial restitution, under this subsection, the court shall state
    on the record the reasons therefor.
      (4)(A) Except as provided in subparagraph (B), funds paid to the
    Commissioner of Social Security as restitution pursuant to a court
    order shall be deposited as miscellaneous receipts in the general
    fund of the Treasury.
      (B) In the case of funds paid to the Commissioner of Social
    Security pursuant to paragraph (1)(B), the Commissioner of Social
    Security shall certify for payment to the individual described in
    such paragraph an amount equal to the lesser of the amount of the
    funds so paid or the individual's outstanding financial loss as
    described in such paragraph, except that such amount may be reduced
    by any overpayment of benefits owed under this subchapter,
    subchapter II of this chapter, or subchapter VIII of this chapter
    by the individual.
    (c) Prohibition on certification as representative payee
      Any person or entity convicted of a violation of subsection (a)
    of this section or of section 408 of this title may not be
    certified as a representative payee under section 1383(a)(2) of
    this title.

SOURCE

    (Aug. 14, 1935, ch. 531, title XVI, Sec. 1632, as added Pub. L. 92-
    603, title III, Sec. 301, Oct. 30, 1972, 86 Stat. 1478; amended
    Pub. L. 98-460, Sec. 16(c)(1), Oct. 9, 1984, 98 Stat. 1810; Pub. L.
    103-296, title II, Sec. 206(c)(1), (2), Aug. 15, 1994, 108 Stat.
    1513; Pub. L. 108-203, title II, Sec. 209(c), Mar. 2, 2004, 118
    Stat. 515.)

AMENDMENTS

      2004 - Subsec. (b). Pub. L. 108-203, Sec. 209(c)(2), added
    subsec. (b). Former subsec. (b) redesignated (c).
      Subsec. (c). Pub. L. 108-203, Sec. 209(c)(1), (3), redesignated
    subsec. (b) as (c), struck out "(2)" before "Any person", and
    struck out par (1) which read as follows: "If a person or entity
    violates subsection (a) of this section in the person's or entity's
    role as, or in applying to become, a representative payee under
    section 1383(a)(2) of this title on behalf of another individual
    (other than the person's eligible spouse), and the violation
    includes a willful misuse of funds by the person or entity, the
    court may also require that full or partial restitution of funds be
    made to such other individual."
      1994 - Subsec. (a). Pub. L. 103-296, Sec. 206(c)(1), inserted
    closing provisions and struck out former closing provisions which
    read as follows: "shall be guilty of a misdemeanor and upon
    conviction thereof shall be fined not more than $1,000 or
    imprisoned for not more than one year, or both."
      Subsec. (b). Pub. L. 103-296, Sec. 206(c)(2), amended subsec. (b)
    generally. Prior to amendment, subsec. (b) read as follows:
      "(b)(1) Any person or other entity who is convicted of a
    violation of any of the provisions of paragraphs (1) through (4) of
    subsection (a) of this section, if such violation is committed by
    such person or entity in his role as, or in applying to become, a
    payee under section 1383(a)(2) of this title on behalf of another
    individual (other than such person's eligible spouse), in lieu of
    the penalty set forth in subsection (a) of this section -
        "(A) upon his first such conviction, shall be guilty of a
      misdemeanor and shall be fined not more than $5,000 or imprisoned
      for not more than one year, or both; and
        "(B) upon his second or any subsequent such conviction, shall
      be guilty of a felony and shall be fined not more than $25,000 or
      imprisoned for not more than five years, or both.
      "(2) In any case in which the court determines that a violation
    described in paragraph (1) includes a willful misuse of funds by
    such person or entity, the court may also require that full or
    partial restitution of such funds be made to the individual for
    whom such person or entity was the certified payee.
      "(3) Any person or entity convicted of a felony under this
    section or under section 408 of this title may not be certified as
    a payee under section 1383(a)(2) of this title."
      1984 - Pub. L. 98-460 designated existing provisions as subsec.
    (a) and added subsec. (b).
                     EFFECTIVE DATE OF 2004 AMENDMENT
      Amendment by Pub. L. 108-203 applicable with respect to
    violations occurring on or after Mar. 2, 2004, see section 209(d)
    of Pub. L. 108-203, set out as a note under section 408 of this
    title.
                     EFFECTIVE DATE OF 1994 AMENDMENT
      Section 206(c)(3) of Pub. L. 103-296 provided that: "The
    amendments made by this subsection [amending this section] shall
    apply to conduct occurring on or after October 1, 1994."
                     EFFECTIVE DATE OF 1984 AMENDMENT
      Amendment by Pub. L. 98-460 effective Oct. 9, 1984, and
    applicable with respect to violations occurring on or after such
    date, see section 16(d) of Pub. L. 98-460, set out as a note under
    section 405 of this title.
                              EFFECTIVE DATE
      Section 301 of Pub. L. 92-603 provided that this section is
    effective Jan. 1, 1974.
                  APPLICATION TO NORTHERN MARIANA ISLANDS
      For applicability of this section to the Northern Mariana
    Islands, see section 502(a)(1) of the Covenant to Establish a
    Commonwealth of the Northern Mariana Islands in Political Union
    with the United States of America and Proc. No. 4534, Oct. 24,
    1977, 42 F.R. 6593, set out as notes under section 1801 of Title
    48, Territories and Insular Possessions.
                   PUERTO RICO, GUAM, AND VIRGIN ISLANDS
      Enactment of provisions of Pub. L. 92-603, eff. Jan. 1, 1974, not
    applicable to Puerto Rico, Guam, and the Virgin Islands, see
    section 303(b) of Pub. L. 92-603, set out as a note under section
    301 of this title.
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