# § 8345a. Embezzlement or conversion of payments
**(a)** **Embezzling and Conversion Generally.—**
**(1)** **In general.—** 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)** **Revocation.—** 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)** **Penalty.—** Any person who violates subsection (a)(1) shall be fined under title 18, imprisoned for not more than 5 years, or both.
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**Source Credit**: (Added Pub. L. 116–126, § 2(b)(1), Mar. 18, 2020, 134 Stat. 174.)
## Statutory Notes and Related Subsidiaries
### Effective Date
Section effective on , and applicable on and after the effective date of regulations promulgated under , see sections 4 and 3(b) of , set out respectively as an Effective Date of 2020 Amendment note and a Regulations note under .
### Regulations
Regulations to carry out this section to be promulgated by Office of Personnel Management no later than 1 year after , with allowance for additional regulations relating to administration of representative payee program, see , set out as a note under .