Sec.1632.[42 U.S.C. 1383a](a) Whoever—
(1) knowingly andwillfully makes or causes to be made any false statement or representationof a material fact in any application for any benefit under this title,
(2) at any time knowinglyand willfully makes or causes to be made any false statement or representationof a material fact for use in determining rights to any such benefit,
(3) having knowledgeof the occurrence of any event affecting (A) his initial or continuedright to any such benefit, or (B) the initial or continued right toany such benefit of any other individual in whose behalf he has appliedfor or is receiving such benefit, conceals or fails to disclose suchevent with an intent fraudulently to secure such benefit either ina greater amount or quantity than is due or when no such benefit isauthorized,
(4) having made applicationto receive any such benefit for the use and benefit of another andhaving received it, knowingly and willfully converts such benefitor any part thereof to a use other than for the use and benefit ofsuch other person, or
(5) conspires to commitany offense described in any of paragraphs (1) through (3)[115],
shall be fined under title 18, United States Code, imprisonednot more than 5 years, or both, except that in the case of a personwho receives a fee or other income for services performed in connectionwith any determination with respect to benefits under this title (includinga claimant representative, translator, or current or former employeeof the Social Security Administration), or who is a physician or otherhealth care provider who submits, or causes the submission of, medicalor other evidence in connection with any such determination, suchperson shall be guilty of a felony and upon conviction thereof shallbe fined under title 18, United States Code, or imprisoned for notmore than ten years, or both.[116]
(b)(1) Any Federal court,when sentencing a defendant convicted of an offense under subsection(a), may order, in addition to or in lieu of any other penalty authorizedby law, that the defendant make restitution to the Commissioner ofSocial Security, in any case in which such offense results in—
(A) the Commissionerof Social Security making a benefit payment that should not have beenmade, or
(B) an individualsuffering a financial loss due to the defendant’s violationof subsection (a) in his or her capacity as the individual’srepresentative payee appointed pursuant to section 1631(a)(2).
(2) Sections 3612,3663, and 3664 of title 18, United States Code[117], shall apply with respect to the issuance and enforcement of ordersof restitution under this subsection. In so applying such sections,the Commissioner of Social Security shall be considered the victim.
(3) If the court doesnot order restitution, or orders only partial restitution, under thissubsection, the court shall state on he record the reasons therefor.
(4)(A) Except asprovided in subparagraph (B), funds paid to the Commissioner of SocialSecurity as restitution pursuant to a court order shall be depositedas miscellaneous receipts in the general fund of the Treasury.
(B) In the caseof funds paid to the Commissioner of Social Security pursuant to paragraph(1)(B), the Commissioner of Social Security shall certify for paymentto the individual described in such paragraph an amount equal to thelesser of the amount of the funds so paid or the individual’soutstanding financial loss as described in such paragraph, exceptthat such amount may be reduced by any overpayment of benefits owedunder this title, title II, or title VIII by the individual.
(c) Any person or entityconvicted of a violation of subsection (a) of this section or section 208 may not be certifiedas a representative payee under section 1631(a)(2).
[114]See Vol. II, 18 U.S.C.1028 and 1738, with respect to penalties relating to use of identificationdocuments.
[115]P.L. 114–74, §813 (a)(3); reorganized subsection(a), inserted paragraph (5). Effective November 2, 2015
[116]P.L. 114–74,§813 (b)(3); inserted into subsection (a) text following “5years, or both”. Effective November 2, 2015
[117]See Vol. II, 18 U.S.C. 3612, 3663 and 3664.
