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Overcriminalization

"Overcriminalization" describes the trends in America - and particulary in Congress - to use the criminal law to "solve" every problem, punish every mistake (instead of making proper use of civil penalties), and coerce Americans into conforming their behavior to satisfy social engineering objectives.

HR 5648: A bill to amend Title 38, United States Code, to reinstate criminal penalties for persons charging veterans unauthorized fees.

Official Title

A bill to amend Title 38, United States Code, to reinstate criminal penalties for persons charging veterans unauthorized fees.

Analysis

Until 2006, 38 U.S.C. § 5905 made it unlawful to (1) charge or receive a fee or compensation for representing a veteran that was in excess of statutory limits, and (2) wrongfully withhold from a veteran claimant or beneficiary any part of the benefit or claim allowed. In 2006, 38 U.S.C. § 5905 was amended and subsection (1) was struck. This bill would “reinstate” subsection (1) as part of 38 U.S.C. § 5905. Any person who violates § 5905 is subject to imprisonment for up to one year, a fine as provided by Title 18, U.S. Code, or both.

Legislation Details
SPONSOR

Bilirakis (R - FL)

STATUS:

07/02/2010: Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
06/30/2010: Referred to House Judiciary Committee
06/30/2010: Introduced in House