---
kind: "section"
citation: "5 U.S.C. § 8345a"
title: "5"
title_heading: "Government Organization and Employees"
number: "8345a"
heading: "Embezzlement or conversion of payments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/8345a"
units:
  - "Part III — Employees"
  - "Subpart G — Insurance and Annuities"
  - "Chapter 83 — Retirement"
  - "Subchapter III — Civil Service Retirement"
---

# §8345a. Embezzlement or conversion of payments

- (a) **Embezzling and Conversion Generally.—**
  - (1) **In general.—** It shall be unlawful for a [representative payee](/usc/5/8331.md?p=33) to embezzle or in any manner convert all or any part of the amounts received from payments received as a [representative payee](/usc/5/8331.md?p=33) to a use other than for the use and benefit of the minor or individual on whose behalf such payments were received.
  - (2) **Revocation.—** If the [Office](/usc/5/5402.md?p=3) determines that a [representative payee](/usc/5/8331.md?p=33) has embezzled or converted payments as described in [paragraph (1)](#a-1), the [Office](/usc/5/5402.md?p=3) shall promptly—
    - (A) revoke the certification for payment of benefits to the [representative payee](/usc/5/8331.md?p=33); and
    - (B) certify payment—
      - (i) to another [representative payee](/usc/5/8331.md?p=33); or
      - (ii) if the interest of the individual under this title would be served thereby, to the individual.
- (b) **Penalty.—** Any [person](/usc/5/7103.md?p=a-1) who violates [subsection (a)(1)](#a-1) shall be fined under [title 18](/usc/18.md), imprisoned for not more than 5 years, or both.

## Source credit

(Added Pub. L. 116–126, § 2(b)(1), Mar. 18, 2020, 134 Stat. 174.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective on Mar. 18, 2020, and applicable on and after the effective date of regulations promulgated under section 3(b)(1) of Pub. L. 116–126, see sections 4 and 3(b) of Pub. L. 116–126, set out respectively as an Effective Date of 2020 Amendment note and a Regulations note under section 8331 of this title.

### Regulations

Regulations to carry out this section to be promulgated by Office of Personnel Management no later than 1 year after Mar. 18, 2020, with allowance for additional regulations relating to administration of representative payee program, see section 3(b) of Pub. L. 116–126, set out as a note under section 8331 of this title.