dreamproit/uscode huggingface dataset:
18 U.S.C. § 286 (CRIMES AND CRIMINAL PROCEDURE)
§ 286. Conspiracy to defraud the Government with respect to claims
Whoever enters into any agreement, combination, or conspiracy to defraud the United States, or any department or agency thereof, by obtaining or aiding to obtain the payment or allowance of any false, fictitious or fraudulent claim, shall be fined under this title or imprisoned not more than ten years, or both.
(June 25, 1948, ch. 645, 62 Stat. 698; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 83 (Mar. 4, 1909, ch. 321, § 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52 Stat. 197).
To clarify meaning of “department” the word “agency” was inserted after it. (See definitions of “department” and “agency” in section 6 of this title.)
Words “or any corporation in which the United States of America is a stockholder” were omitted as unnecessary in view of definition of “agency” in section 6 of this title.
Minor changes in phraseology were made.
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”.
18 U.S.C. § 287 (CRIMES AND CRIMINAL PROCEDURE)
§ 287. False, fictitious or fraudulent claims
Whoever makes or presents to any person or officer in the civil, military, or naval service of the United States, or to any department or agency thereof, any claim upon or against the United States, or any department or agency thereof, knowing such claim to be false, fictitious, or fraudulent, shall be imprisoned not more than five years and shall be subject to a fine in the amount provided in this title.
(June 25, 1948, ch. 645, 62 Stat. 698; Pub. L. 99–562, § 7, Oct. 27, 1986, 100 Stat. 3169.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 80 (Mar. 4, 1909, ch. 321, § 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52 Stat. 197).
Section 80 of title 18, U.S.C., 1940 ed., was divided into two parts. That portion making it a crime to present false claims was retained as this section. The part relating to false statements is now section 1001 of this title.
To clarify meaning of “department” words “agency” and “or agency” were inserted after it. (See definitions of “department” and “agency” in section 6 of this title.)
Words “or any corporation in which the United States of America is a stockholder” which appeared in two places were omitted as unnecessary in view of definition of “agency” in section 6 of this title.
The words “five years” were substituted for “ten years” to harmonize the punishment provisions of comparable sections involving offenses of the gravity of felonies, but not of such heinous character as to warrant a 10-year punishment. (See sections 914, 1001, 1002, 1005, 1006 of this title.)
Reference to persons causing or procuring was omitted as unnecessary in view of definition of “principal” in section 2 of this title.
Minor changes in phraseology were made.
heading: Editorial Notes
heading: Amendments
text: 1986—Pub. L. 99–562 substituted “imprisoned not more than five years and shall be subject to a fine in the amount provided in this title” for “fined not more than $10,000 or imprisoned not more than five years, or both”.
heading: Statutory Notes and Related Subsidiaries
heading: Increased Penalties for False Claims in Defense Procurement
text: Pub. L. 99–145, title IX, § 931(a), Nov. 8, 1985, 99 Stat. 699, provided that: “Notwithstanding sections 287 and 3623 of title 18, United States Code, the maximum fine that may be imposed under such section for making or presenting any claim upon or against the United States related to a contract with the Department of Defense, knowing such claim to be false, fictitious, or fraudulent, is $1,000,000.”
[Pub. L. 99–145, title IX, § 931(c), Nov. 8, 1985, 99 Stat. 699, provided that section 931(a) is applicable to claims made or presented on or after Nov. 8, 1985.]
18 U.S.C. § 288 (CRIMES AND CRIMINAL PROCEDURE)
§ 288. False claims for postal losses
Whoever makes, alleges, or presents any claim or application for indemnity for the loss of any registered or insured letter, parcel, package, or other article or matter, or the contents thereof, knowing such claim or application to be false, fictitious, or fraudulent; or
Whoever for the purpose of obtaining or aiding to obtain the payment or approval of any such claim or application, makes or uses any false statement, certificate, affidavit, or deposition; or
Whoever knowingly and willfully misrepresents, or misstates, or, for the purpose aforesaid, knowingly and willfully conceals any material fact or circumstance in respect of any such claim or application for indemnity—
Shall be fined under this title or imprisoned not more than one year, or both.
Where the amount of such claim or application for indemnity is less than $1,000 only a fine shall be imposed.
(June 25, 1948, ch. 645, 62 Stat. 698; Pub. L. 103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, § 606(a), Oct. 11, 1996, 110 Stat. 3511.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 354 (Mar. 4, 1909, ch. 321, § 224, 35 Stat. 1133; Aug. 5, 1939, ch. 429, 53 Stat. 1203).
Reference to persons causing, assisting, aiding, or abetting, was omitted as such persons are made principals by section 2 of this title.
Changes in phraseology were made.
heading: Editorial Notes
heading: Amendments
text: 1996—Pub. L. 104–294 substituted “$1,000” for “$100” in fifth par.
1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $500” in fourth par.
18 U.S.C. § 289 (CRIMES AND CRIMINAL PROCEDURE)
§ 289. False claims for pensions
Whoever knowingly and willfully makes, or presents any false, fictitious or fraudulent affidavit, declaration, certificate, voucher, endorsement, or paper or writing purporting to be such, concerning any claim for pension or payment thereof, or pertaining to any other matter within the jurisdiction of the Secretary of Veterans Affairs, or knowingly or willfully makes or presents any paper required as a voucher in drawing a pension, which paper bears a date subsequent to that upon which it was actually signed or acknowledged by the pensioner; or
Whoever knowingly and falsely certifies that the declarant, affiant, or witness named in such declaration, affidavit, voucher, endorsement, or other paper or writing personally appeared before him and was sworn thereto, or acknowledged the execution thereof—
Shall be fined under this title or imprisoned not more than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 699; Pub. L. 102–54, § 13(f)(1), June 13, 1991, 105 Stat. 275; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)
heading: Historical and Revision Notes
text: Based on section 81 of title 18, section 126 of title 38, Pensions, Bonuses, and Veterans’ Relief, and section 787 of title 43, Public Lands, all of U.S.C., 1940 ed. (R.S. § 4746; July 7, 1898, ch. 578, 30 Stat. 718; Aug. 17, 1912, ch. 301, § 1, 37 Stat. 312; July 3, 1930, ch. 863, § 2, 46 Stat. 1016).
Reference to persons aiding or assisting or causing or procuring was omitted as unnecessary in view of definition of “principal” in section 2 of this title.
Words “or bounty land”, before “prosecution of any claim for pension”, were omitted as obsolete. (See reviser’s note under section 290 of this title.)
Upon authority of 1930 enactment words “Administrator of Veterans’ Affairs” were substituted for “Commissioner of Pensions or of the Secretary of the Interior”, which appeared in 1898 enactment.
The fine was changed from “$500” for “$10,000” to conform with punishment provision of section 287 of this title.
Minor changes in phraseology were also made.
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”.
1991—Pub. L. 102–54 substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”.
18 U.S.C. § 290 (CRIMES AND CRIMINAL PROCEDURE)
§ 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, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)
heading: Historical and Revision Notes
text: 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. § 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.
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $500”.
18 U.S.C. § 291 (CRIMES AND CRIMINAL PROCEDURE)
§ 291. Purchase of claims for fees by court officials
Whoever, being a judge, clerk, or deputy clerk of any court of the United States or a Territory or Possession thereof, or a United States district attorney, assistant attorney, marshal, deputy marshal, magistrate judge, or other person holding any office or employment, or position of trust or profit under the United States, directly or indirectly purchases at less than the full face value thereof, any claim against the United States for the fee, mileage, or expenses of any witness, juror, deputy marshal, or any other officer of such court, shall be fined under this title.
(June 25, 1948, ch. 645, 62 Stat. 699; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 193 (Mar. 4, 1909, ch. 321, § 104, 35 Stat. 1107).
Word “Possession” was inserted to clarify scope of section.
Minor changes were made in phraseology.
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000”.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Words “magistrate judge” substituted for “magistrate” in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, “magistrate” substituted for “commissioner” pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28.
18 U.S.C. § 292 (CRIMES AND CRIMINAL PROCEDURE)
§ 292. Solicitation of employment and receipt of unapproved fees concerning Federal employees’ compensation
Whoever solicits employment for himself or another in respect to a case, claim, or award for compensation under, or to be brought under, subchapter I of chapter 81 of title 5; or
Whoever receives a fee, other consideration, or gratuity on account of legal or other services furnished in respect to a case, claim, or award for compensation under subchapter I of chapter 81 of title 5, unless the fee, consideration, or gratuity is approved by the Secretary of Labor—
Shall, for each offense, be fined under this title or imprisoned not more than one year, or both.
(Added Pub. L. 89–554, § 3(b), Sept. 6, 1966, 80 Stat. 608; amended Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
text: Historical and Revision Notes
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
5 U.S.C. 773(b) (last sentence).
Oct. 14, 1949, ch. 691, § 208 “Sec. 23(b) (last sentence)”, 63 Stat. 865.
The words “under subchapter I of chapter 81 of title 5” are substituted for “under this Act” (Federal Employees’ Compensation Act) to reflect the codification of the Act in title 5, United States Code.
The words “is approved by the Secretary of Labor” are substituted for “is so approved”. The words “Secretary of Labor” are substituted for “Administrator” (Federal Security Administrator) on authority of 1950 Reorg. Plan No. 19, § 1, eff. May 24, 1950, 64 Stat. 1271.
The words “shall be guilty of a misdemeanor” are omitted as unnecessary in view of the definitive section 1 of this title. (See reviser’s note under 18 U.S.C. 212, 1964 ed.)
The words “and upon conviction thereof” are omitted as unnecessary because punishment can be imposed only after conviction.
The words “or both” are substituted for “or by both such fine and imprisonment”.
Minor changes in phraseology are made to conform to the style of title 18.
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000”.
18 U.S.C. § 293 (CRIMES AND CRIMINAL PROCEDURE)
[§ 293. Repealed. Pub. L. 101–123, § 3(a), Oct. 23, 1989, 103 Stat. 760]
text: Section, added Pub. L. 100–700, § 3(a), Nov. 19, 1988, 102 Stat. 4632, related to limitation on Government contract costs.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Pub. L. 101–123, § 3(b), Oct. 23, 1989, 103 Stat. 760, provided that: “The repeal made by this section [repealing this section and provisions formerly set out as a note below] shall be deemed to be effective on the date of enactment of Public Law 100–700 [Nov. 19, 1988].”
heading: Effective Date
text: Pub. L. 100–700, § 3(c), Nov. 19, 1988, 102 Stat. 4633, which provided that this section was to apply to contracts entered into after Nov. 19, 1988, was repealed by Pub. L. 101–123, § 3(a), Oct. 23, 1989, 103 Stat. 760.
18 U.S.C. § 331 (CRIMES AND CRIMINAL PROCEDURE)
§ 331. Mutilation, diminution, and falsification of coins
Whoever fraudulently alters, defaces, mutilates, impairs, diminishes, falsifies, scales, or lightens any of the coins coined at the mints of the United States, or any foreign coins which are by law made current or are in actual use or circulation as money within the United States; or
Whoever fraudulently possesses, passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, or brings into the United States, any such coin, knowing the same to be altered, defaced, mutilated, impaired, diminished, falsified, scaled, or lightened—
Shall be fined under this title or imprisoned not more than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 700; July 16, 1951, ch. 226, § 1, 65 Stat. 121; Pub. L. 103–322, title XXXIII, § 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 279 (Mar. 4, 1909, ch. 321, § 165, 35 Stat. 1119).
Mandatory punishment provision was rephrased in the alternative.
Reference to persons causing or procuring was omitted as unnecessary in view of definition of “principal” in section 2 of this title.
Changes were also made in phraseology.
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $2,000”.
1951—Act July 16, 1951, made section applicable to minor coins (5-cent and 1-cent pieces), and to fraudulent alteration of coins.
18 U.S.C. § 332 (CRIMES AND CRIMINAL PROCEDURE)
§ 332. Debasement of coins; alteration of official scales, or embezzlement of metals
If any of the gold or silver coins struck or coined at any of the mints of the United States shall be debased, or made worse as to the proportion of fine gold or fine silver therein contained, or shall be of less weight or value than the same ought to be, pursuant to law, or if any of the scales or weights used at any of the mints or assay offices of the United States shall be defaced, altered, increased, or diminished through the fault or connivance of any officer or person employed at the said mints or assay offices, with a fraudulent intent; or if any such officer or person shall embezzle any of the metals at any time committed to his charge for the purpose of being coined, or any of the coins struck or coined at the said mints, or any medals, coins, or other moneys of said mints or assay offices at any time committed to his charge, or of which he may have assumed the charge, every such officer or person who commits any of the said offenses shall be fined under this title or imprisoned not more than ten years, or both.
(June 25, 1948, ch. 645, 62 Stat. 700; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 280 (Mar. 4, 1909, ch. 321, § 166, 35 Stat. 1120).
Mandatory punishment provision was rephrased in the alternative.
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”.
18 U.S.C. § 333 (CRIMES AND CRIMINAL PROCEDURE)
§ 333. Mutilation of national bank obligations
Whoever mutilates, cuts, defaces, disfigures, or perforates, or unites or cements together, or does any other thing to any bank bill, draft, note, or other evidence of debt issued by any national banking association, or Federal Reserve bank, or the Federal Reserve System, with intent to render such bank bill, draft, note, or other evidence of debt unfit to be reissued, shall be fined under this title or imprisoned not more than six months, or both.
(June 25, 1948, ch. 645, 62 Stat. 700; Pub. L. 103–322, title XXXIII, § 330016(1)(B), Sept. 13, 1994, 108 Stat. 2146.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 291 (Mar. 4, 1909, ch. 321, § 176, 35 Stat. 1122).
Words “or Federal Reserve bank, or the Federal Reserve System” were inserted because the paper of such banks has almost supplanted national bank currency.
Reference to persons causing or procuring was omitted as unnecessary in view of definition of “principal” in section 2 of this title.
Minor changes in phraseology were made.
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $100”.
18 U.S.C. § 334 (CRIMES AND CRIMINAL PROCEDURE)
§ 334. Issuance of Federal Reserve or national bank notes
Whoever, being a Federal Reserve Agent, or an agent or employee of such Federal Reserve Agent, or of the Board of Governors of the Federal Reserve System, issues or puts in circulation any Federal Reserve notes, without complying with or in violation of the provisions of law regulating the issuance and circulation of such Federal Reserve notes; or
Whoever, being an officer acting under the provisions of chapter 2 of Title 12, countersigns or delivers to any national banking association, or to any other company or person, any circulating notes contemplated by that chapter except in strict accordance with its provisions—
Shall be fined under this title or imprisoned not more than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 700; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)
heading: Historical and Revision Notes
text: Based on sections 581 and 592 of title 12, U.S.C., 1940 ed., Banks and Banking (R.S. §§ 5187, 5209; Sept. 26, 1918, ch. 177, § 7, 40 Stat. 972; Aug. 23, 1935, ch. 614, § 316, 49 Stat. 712).
This section consolidates section 581 and part of section 592 of title 12, U.S.C., 1940 ed., Banks and Banking.
The punishment provision was drawn from said section 592 as being the latest expression of congressional intent, in preference to the provision of said section 581 which authorized a fine “not more than double the amount so countersigned and delivered and imprisonment not more than 15 years”.
The words “shall be guilty of a misdemeanor” were omitted as unnecessary in view of definition of misdemeanor in section 1 of this title.
Likewise the words “upon conviction in any district court of the United States” were omitted as unnecessary since punishment can follow only after conviction.
(See reviser’s note under section 656 of this title for statement of reasons for dividing said section 592 into three revised sections, with consequent changes in phraseology, style, and arrangement.)
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000”.
18 U.S.C. § 335 (CRIMES AND CRIMINAL PROCEDURE)
§ 335. Circulation of obligations of expired corporations
Whoever, being a director, officer, or agent of a corporation created by Act of Congress, the charter of which has expired, or trustee thereof, or an agent of such trustee, or a person having in his possession or under his control the property of such corporation for the purpose of paying or redeeming its notes and obligations, knowingly issues, reissues, or utters as money, or in any other way knowingly puts in circulation any bill, note, check, draft, or other security purporting to have been made by any such corporation, or by any officer thereof, or purporting to have been made under authority derived therefrom, shall be fined under this title or imprisoned not more than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 700; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)
heading: Historical and Revision Notes
text: Based on title 18, U.S.C., 1940 ed., § 289 (Mar. 4, 1909, ch. 321, § 174, 35 Stat. 1122).
The reference to persons aiding was omitted as unnecessary, since such persons are made principals by section 2 of this title.
The last sentence excepting bona fide holders in due course was omitted as surplusage.
Other changes in phraseology also were made.
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”.