---
kind: "section"
citation: "38 U.S.C. § 6108"
title: "38"
title_heading: "Veterans’ Benefits"
number: "6108"
heading: "Authority for judicial orders of restitution"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/6108"
units:
  - "Part IV — General Administrative Provisions"
  - "Chapter 61 — Penal and Forfeiture Provisions"
---

# §6108. Authority for judicial orders of restitution

- (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](/usc/38/101.md?p=1).
- (b) Sections [3612](/usc/18/3612.md), [3663](/usc/18/3663.md), and [3664](/usc/18/3664.md) of title 18 shall apply with respect to the issuance and enforcement of orders of restitution under [subsection (a)](#a). In so applying those sections, the [Department](/usc/38/101.md?p=1) shall be considered the victim.
- (c) If the court does not order restitution, or orders only partial restitution, under [subsection (a)](#a), the court shall [state](/usc/38/101.md?p=20) on the record the reasons therefor.
- (d) Amounts received in connection with misuse by a fiduciary of funds paid as benefits under laws administered by the [Secretary](/usc/38/101.md?p=1) shall be paid to the individual whose benefits were misused. If the [Secretary](/usc/38/101.md?p=1) has previously reissued the misused benefits, the amounts shall be treated in the same manner as overpayments recouped by the [Secretary](/usc/38/101.md?p=1) and shall be deposited to the credit of the applicable revolving fund, trust fund, or appropriation.

## Source credit

(Added Pub. L. 108–454, title V, § 504(b)(1), Dec. 10, 2004, 118 Stat. 3621.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section 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.