§ 290. — Discharge papers withheld by claim agent.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC290]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 15--CLAIMS AND SERVICES IN MATTERS AFFECTING GOVERNMENT
Sec. 290. Discharge papers withheld by claim agent
Whoever, being a claim agent, attorney, or other person engaged in
the collection of claims for pay, pension, or other allowances for any
soldier, sailor, or marine, or for any commissioned officer of the
military or naval forces, or for any person who may have been a soldier,
sailor, marine, or officer of the regular or volunteer forces of the
United States, or for his dependents or beneficiaries, retains, without
the consent of the owner or owners thereof, or refuses to deliver or
account for the same upon demand duly made by the owner or owners
thereof, or by their agent or attorney, the discharge papers of any such
soldier, sailor, or marine, or commissioned officer, which may have been
placed in his hands for the purpose of collecting said claims, shall be
fined under this title or imprisoned not more than six months, or both;
and shall be debarred from prosecuting any such claim in any department
or agency of the United States.
(June 25, 1948, ch. 645, 62 Stat. 699; Pub. L. 103-322, title XXXIII,
Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)
Historical and Revision Notes
Based on section 100 of title 31, Money and Finance, section 130 of
title 38, Pensions, Bonuses, and Veterans' Relief, and section 841 of
title 43, Public Lands, all U.S.C., 1940 ed. (May 21, 1872, ch. 178, 17
Stat. 137).
Words ``deemed guilty of a misdemeanor'' were deleted as
unnecessary. (See definition of ``misdemeanor'' in section 1 of this
title.)
Words ``and shall upon conviction, be'' were omitted as surplusage
since punishment can follow only after conviction.
To clarify meaning of ``executive department'' word ``executive''
before ``department'' was deleted and words ``or agency'' were inserted
after it. (See definitions of ``department'' and ``agency'' in section 6
of this title.)
Words ``bounty'', before ``pension'', and ``or land warrant'',
before ``of any such soldier'', were deleted as obsolete. According to
regulations, Circular 1151, January 8, 1929, issued by the Secretary of
the Interior and the General Land Office (see 43 CFR 131.1-131.2)
``warrants for bounty lands were and are issued by the Commissioner of
Pensions (Administrator of Veterans' Affairs) for services in wars or
battles prior to March 3, 1855 only.'' Further, it is stated that
``Warrants can not now be `located' upon the public lands. The locating
privilege was denied except in the state of Missouri after the passage
of the act of March 2, 1889 (25 Stat. 854; 43 U.S.C. Sec. 700), and
there are no lands known to the General Land Office to be subject to
warrant location in Missouri.''
Words ``and honorably discharged'' were omitted as unnecessary and
words ``or for his dependents or beneficiaries'' were inserted after
``United States'' so as to embrace an important class of persons who
employ attorneys or agents in the collection of claims permitted by
statute.
Minor changes of phraseology were also made.
Amendments
1994--Pub. L. 103-322 substituted ``fined under this title'' for
``fined not more than $500''.
