I 

111TH CONGRESS 

1ST SESSION H. R. 1667 

To prohibit profiteering and fraud relating to military action, relief, and 

reconstruction efforts, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 23, 2009 

Mr. ABERCROMBIE introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To prohibit profiteering and fraud relating to military action, 

relief, and reconstruction efforts, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘War Profiteering Pre5 vention Act of 2009’’. 

6 SEC. 2. PROHIBITION OF PROFITEERING. 

7 (a) PROHIBITION.— 

8 (1) IN GENERAL.—Chapter 47 of title 18, 

9 United States Code, is amended by adding at the 

10 end the following: 


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•HR 1667 IH

1 ‘‘§ 1041. War profiteering and fraud 

2 ‘‘(a) PROHIBITION.—Whoever, in any matter involv3 ing a contract with, or the provision of goods or services 

4 to, the United States or a provisional authority, in connec5 tion with a mission of the United States Government over6 seas, knowingly— 

7 ‘‘(1)(A) executes or attempts to execute a 

8 scheme or artifice to defraud the United States or 

9 that authority; or 

10 ‘‘(B) materially overvalues any good or service 

11 with the intent to defraud the United States or that 

12 authority; 

13 shall be fined not more than $1,000,000 or imprisoned 

14 not more than 20 years, or both; or 

15 ‘‘(2) in connection with the contract or the pro16 vision of those goods or services— 

17 ‘‘(A) falsifies, conceals, or covers up by any 

18 trick, scheme, or device a material fact; 

19 ‘‘(B) makes any materially false, fictitious, 

20 or fraudulent statements or representations; or 

21 ‘‘(C) makes or uses any materially false 

22 writing or document knowing the same to con23 tain any materially false, fictitious, or fraudu24 lent statement or entry; 

25 shall be fined not more than $1,000,000 or impris26 oned not more than 10 years, or both. 


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1 ‘‘(b) EXTRATERRITORIAL JURISDICTION.—There is 

2 extraterritorial Federal jurisdiction over an offense under 

3 this section. 

4 ‘‘(c) VENUE.—A prosecution for an offense under 

5 this section may be brought— 

6 ‘‘(1) as authorized by chapter 211 of this title; 

7 ‘‘(2) in any district where any act in further8 ance of the offense took place; or 

9 ‘‘(3) in any district where any party to the con10 tract or provider of goods or services is located.’’. 

11 (2) TABLE OF SECTIONS.—The table of sections 

12 for chapter 47 of title 18, United States Code, is 

13 amended by adding at the end the following: 

‘‘1041. War profiteering and fraud.’’. 

14 (b) CRIMINAL FORFEITURE.—Section 982(a)(2)(B) 

15 of title 18, United States Code, is amended by striking 

16 ‘‘or 1030’’ and inserting ‘‘1030, or 1041’’. 

17 (c) MONEY LAUNDERING.—Section 1956(c)(7)(D) of 

18 title 18, United States Code, is amended by inserting ‘‘sec19 tion 1041 (relating to war profiteering and fraud),’’ after 

20 ‘‘liquidating agent of financial institution),’’. 

21 (d) RICO.—Section 1961(1) of title 18, United 

22 States Code, is amended by inserting ‘‘section 1041 (relat23 ing to war profiteering and fraud),’’ after ‘‘in connection 

24 with access devices),’’. 

Æ 


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