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>
48 lines
2.4 KiB
Markdown
48 lines
2.4 KiB
Markdown
---
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type: "LegalText"
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title: "38 U.S.C. § 6108"
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description: "Authority for judicial orders of restitution"
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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: "6108"
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citation: "38 U.S.C. § 6108"
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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/s6108"
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source_file: "data/legal/raw/us/code/title-38/usc38.xml"
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source_hash: "a338840255e29ccc80a3e044eae051c3ed6bb07f48ccf0e3df055dae87713aa1"
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raw_snapshot_hash: "372998691b72ade88787dfa7633dbda4954bd1b037ec7926c5e06e9b1d17fc66"
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text_hash: "5938b854413bb9b19fa7814fbe6090ce77ae89bcdf60fa2dd16adbc94ecbd878"
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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. § 6108 - Authority for judicial orders of restitution
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## Text
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(a) Any Federal court, when sentencing a defendant convicted of an offense arising from the misuse of benefits under this title, may order, in addition to or in lieu of any other penalty authorized by law, that the defendant make restitution to the Department.
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(b) Sections 3612, 3663, and 3664 of title 18 shall apply with respect to the issuance and enforcement of orders of restitution under subsection (a). In so applying those sections, the Department shall be considered the victim.
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(c) If the court does not order restitution, or orders only partial restitution, under subsection (a), the court shall state on the record the reasons therefor.
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(d) Amounts received in connection with misuse by a fiduciary of funds paid as benefits under laws administered by the Secretary shall be paid to the individual whose benefits were misused. If the Secretary has previously reissued the misused benefits, the amounts shall be treated in the same manner as overpayments recouped by the Secretary and shall be deposited to the credit of the applicable revolving fund, trust fund, or appropriation.
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(Added Pub. L. 108–454, title V, § 504(b)(1), Dec. 10, 2004, 118 Stat. 3621.)
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## Notes
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Statutory Notes and Related Subsidiaries
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Effective DateSection effective on the first day of the seventh month beginning after Dec. 10, 2004, see section 507(a) 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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