§ 8345a. Embezzlement or conversion of payments

• (a)
  • (1) It shall be unlawful for a representative payee to embezzle or in any manner convert all or any part of the amounts received from payments received as a representative payee to a use other than for the use and benefit of the minor or individual on whose behalf such payments were received.
  • (2) If the Office determines that a representative payee has embezzled or converted payments as described in paragraph (1), the Office shall promptly—
    • (A) revoke the certification for payment of benefits to the representative payee; and
    • (B) certify payment—
      • (i) to another representative payee; or
      • (ii) if the interest of the individual under this title would be served thereby, to the individual.
• (b) Any person who violates subsection (a)(1) shall be fined under title 18, imprisoned for not more than 5 years, or both.