Fabio
76b8ec33a7
Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 -> 59,740; repo total 105,704 records. Deterministic (byte-identical rerun, verified on Title 42's 8,356 sections); make check green. make legal-us-code default now covers every title. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
46 lines
2.6 KiB
Markdown
46 lines
2.6 KiB
Markdown
---
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type: "LegalText"
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title: "38 U.S.C. § 6106"
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description: "Misuse of benefits by fiduciaries"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 38
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title_name: "VETERANS’ BENEFITS"
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chapter_number: "61"
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chapter_name: "PENAL AND FORFEITURE PROVISIONS"
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section: "6106"
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citation: "38 U.S.C. § 6106"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc38@119-100.zip"
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source_identifier: "/us/usc/t38/s6106"
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source_file: "data/legal/raw/us/code/title-38/usc38.xml"
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source_hash: "7168a09a425be7e023bf5b4debaea3772958b8aacbc1eda228ba65029aea8fc6"
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raw_snapshot_hash: "372998691b72ade88787dfa7633dbda4954bd1b037ec7926c5e06e9b1d17fc66"
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text_hash: "4b6c4c063f28f189b63b0fe0bfb13a2db21e90abd0df8c13e179905c6429e563"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 38 U.S.C. § 6106 - Misuse of benefits by fiduciaries
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## Text
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(a) Fee Forfeiture in Case of Benefit Misuse by Fiduciaries.— A fiduciary may not collect a fee from a beneficiary for any month with respect to which the Secretary or a court of competent jurisdiction has determined that the fiduciary misused all or part of the individual’s benefit, and any amount so collected by the fiduciary as a fee for such month shall be treated as a misused part of the individual’s benefit.
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(b) Misuse of Benefits Defined.— For purposes of this chapter, misuse of benefits by a fiduciary occurs in any case in which the fiduciary receives payment, under any of laws administered by the Secretary, for the use and benefit of a beneficiary and uses such payment, or any part thereof, for a use other than for the use and benefit of such beneficiary or that beneficiary’s dependents. Retention by a fiduciary of an amount of a benefit payment as a fiduciary fee or commission, or as attorney’s fees (including expenses) and court costs, if authorized by the Secretary or a court of competent jurisdiction, shall be considered to be for the use or benefit of such beneficiary.
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(c) Regulations.— The Secretary may prescribe by regulation the meaning of the term “use and benefit” for purposes of this section.
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(Added Pub. L. 108–454, title V, § 503(a)(1), Dec. 10, 2004, 118 Stat. 3619.)
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## Notes
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Statutory Notes and Related Subsidiaries
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Effective DateSection applicable with respect to any determinations by the Secretary of Veterans Affairs made after Dec. 10, 2004, of misuse of funds by a fiduciary, see section 507(b)(2) of Pub. L. 108–454, set out as an Effective Date of 2004 Amendment note under section 5312 of this title.
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