Unlawful Use of Travel Advance Received From Public Funds for Nongovernmental Purposes; Fraudulent Request for Reimbursement of Expenses; Penalty for Violations

  1. Law
  2. Georgia Code
  3. Public Officers and Employees
  4. Salaries and Fees
  5. Reimbursement of Expenses
  6. Unlawful Use of Travel Advance Received From Public Funds for Nongovernmental Purposes; Fraudulent Request for Reimbursement of Expenses; Penalty for Violations

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  1. It shall be unlawful for any person to use any travel advance received from public funds for nongovernmental purposes or to submit or approve, knowingly or through willful and wanton neglect, a fraudulent request to the state for reimbursement of expenses.
  2. Any person who, in violation of subsection (a) of this Code section, uses any travel advance for nongovernmental purposes or submits or approves, knowingly or through willful and wanton neglect, a fraudulent request for reimbursement of expenses valued in the aggregate at less than $500.00 shall be guilty of a misdemeanor of a high and aggravated nature which shall be punishable by not more than 12 months' imprisonment and a fine not to exceed $5,000.00. In addition to the foregoing criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution to the state equal to the amount of such misappropriated travel advances or fraudulent reimbursements, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each misappropriated travel advance or fraudulent reimbursement payment was made.
  3. Any person who, in violation of subsection (a) of this Code section, uses any travel advance for nongovernmental purposes or submits or approves knowingly, or through willful and wanton neglect, a fraudulent request for reimbursement of expenses valued in the aggregate at $500.00 or more shall be guilty of a felony which shall be punishable by not less than one nor more than 20 years' imprisonment and a fine not to exceed $50,000.00 or triple the amount of such misappropriated travel advances or fraudulent reimbursement payments, whichever is greater. In addition to such criminal penalties, any such person shall also be subject to immediate termination of state employment and shall owe restitution to the state equal to the amount of such misappropriated travel advances or fraudulent reimbursements, plus interest to be assessed at a rate of 12 percent per annum to be calculated from the date each misappropriated travel advance or fraudulent reimbursement payment was made.

(Ga. L. 1978, p. 1919, § 4; Ga. L. 2008, p. 776, § 3/HB 1113.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2008, in subsection (a), a comma was deleted following "funds" and in subsection (b), a comma was deleted following "expenses" in the first sentence.

Editor's notes.

- Ga. L. 2008, p. 776, § 4, not codified by the General Assembly, provides that: "For the purpose of promulgating rules and regulations, policies, procedures, and manuals, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective on July 1, 2008, and shall apply to all transactions occurring on and after such date." The Governor approved this Act on May 14, 2008.

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting required for violators.

- Offenses arising under O.C.G.A. § 45-7-32(a) are designated as offenses for which those charged are to be fingerprinted. 2009 Op. Att'y Gen. No. 2009-1.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 369.

C.J.S.

- 67 C.J.S., Extortion, § 388.


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