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18 U.S.C. § 1031 — Major fraud against the United States

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1031 — Major fraud against the United States

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Source file: Laws/federal/codes/united-states-code/title-18/section-1031-major-fraud-against-the-united-states--4eec010c95.md
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Source location: Title 18, Chapter 47, § 1031; chapter-047-fraud-and-false-statements.md

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**(a)** Whoever knowingly executes, or attempts to execute, any scheme or artifice with the intent— (1) to defraud the United States; or (2) to obtain money or property by means of false or fraudulent pretenses, representations, or promises, in any grant, contract, subcontract, subsidy, loan, guarantee, insurance, or other form of Federal assistance, including through the Troubled Asset Relief Program, an economic stimulus, recovery or rescue plan provided by the Government, or the Government’s purchase of any troubled asset as defined in the Emergency Economic Stabilization Act of 2008, or in any procurement of property or services as a prime contractor with the United States or as a subcontractor or supplier on a contract in which there is a prime contract with the United States, if the value of such grant, contract, subcontract, subsidy, loan, guarantee, insurance, or other form of Federal assistance, or any constituent part thereof, is $1,000,000 or more shall, subject to the applicability of subsection (c) of this section, be fined not more than $1,000,000, or imprisoned not more than 10 years, or both. **(b)** The fine imposed for an offense under this section may exceed the maximum otherwise provided by law, if such fine does not exceed $5,000,000 and— (1) the gross loss to the Government or the gross gain to a defendant is $500,000 or greater; or (2) the offense involves a conscious or reckless risk of serious personal injury. **(c)** The maximum fine imposed upon a defendant for a prosecution including a prosecution with multiple counts under this section shall not exceed $10,000,000. **(d)** Nothing in this section shall preclude a court from imposing any other sentences available under this title, including without limitation a fine up to twice the amount of the gross loss or gross gain involved in the offense pursuant to 18 U.S.C. section 3571(d). **(e)** In determining the amount of the fine, the court shall consider the factors set forth in 18 U.S.C. sections 3553 and 3572, and the factors set forth in the guidelines and policy statements of the United States Sentencing Commission, including— (1) the need to reflect the seriousness of the offense, including the harm or loss to the victim and the gain to the defendant; (2) whether the defendant previously has been fined for a similar offense; and (3) any other pertinent equitable considerations. **(f)** A prosecution of an offense under this section may be commenced any time not later than 7 years after the offense is committed, plus any additional time otherwise allowed by law. **(g)** (1) In special circumstances and in his or her sole discretion, the Attorney General is authorized to make payments from funds appropriated to the Department of Justice to persons who furnish information relating to a possible prosecution under this section. The amount of such payment shall not exceed $250,000. Upon application by the Attorney General, the court may order that the Department shall be reimbursed for a payment from a criminal fine imposed under this section. (2) An individual is not eligible for such a payment if— (A) that individual is an officer or employee of a Government agency who furnishes information or renders service in the performance of official duties; (B) that individual failed to furnish the information to the individual’s employer prior to furnishing it to law enforcement authorities, unless the court determines the individual has justifiable reasons for that failure; (C) the furnished information is based upon public disclosure of allegations or transactions in a criminal, civil, or administrative hearing, in a congressional, administrative, or GAO report, hearing, audit or investigation, or from the news media unless the person is the original source of the information. For the purposes of this subsection, “original source” means an individual who has direct and independent knowledge of the information on which the allegations are based and has voluntarily provided the information to the Government; or (D) that individual participated in the violation of this section with respect to which such payment would be made. (3) The failure of the Attorney General to authorize a payment shall not be subject to judicial review. **(h)** Any individual who— (1) is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment by an employer because of lawful acts done by the employee on behalf of the employee or others in furtherance of a prosecution under this section (including investigation for, initiation of, testimony for, or assistance in such prosecution), and (2) was not a participant in the unlawful activity that is the subject of said prosecution, may, in a civil action, obtain all relief necessary to make such individual whole. Such relief shall include reinstatement with the same seniority status such individual would have had but for the discrimination, 2 times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney’s fees.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 5201 — Emergency treatment

All provisions of this chapter are designated as an emergency requirement and necessary to meet emergency needs pursuant to section 204(a) of S. Con. Res 11 So in original. Probably should be followed by a period. 21 (110th Congress), the concurrent resolution on the budget for fiscal year 2008 and rescissions of any amounts provided in this chapter shall not be counted for purposes of budget enforcement.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1001 — Statements or entries generally

**(a)** Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully— (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years. **(b)** Subsection (a) does not apply to a party to a judicial proceeding, or that party’s counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding. **(c)** With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to— (1) administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or (2) any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44810 — Airport safety and airspace hazard mitigation and enforcement

**(a) Coordination.—** The Administrator of the Federal Aviation Administration shall work with the Secretary of Defense, the Secretary of Homeland Security, and the heads of other relevant Federal departments and agencies for the purpose of ensuring that technologies or systems that are developed, tested, or deployed by Federal departments and agencies to detect and mitigate potential risks posed by errant or hostile unmanned aircraft system operations do not adversely impact or interfere with safe airport operations, navigation, air traffic services, or the safe and efficient operation of the national airspace system. **(b) Plan.—** (1) **In general.—** — The Administrator shall develop a plan for the certification, permitting, authorizing, or allowing of the deployment of technologies or systems for the detection and mitigation of unmanned aircraft systems. (2) **Contents.—** — The plan shall provide for the development of policies, procedures, or protocols that will allow appropriate officials of the Federal Aviation Administration to utilize such technologies or systems to take steps to detect and mitigate potential airspace safety risks posed by unmanned aircraft system operations. (3) **Aviation rulemaking committee.—** — The Administrator shall charter an aviation rulemaking committee to make recommendations for such a plan and any standards that the Administrator determines may need to be developed with respect to such technologies or systems. The Federal Advisory Committee Act (5 U.S.C. App.) 11 See References in Text note below. shall not apply to an aviation rulemaking committee chartered under this paragraph. (4) **Non-delegation.—** — The plan shall not delegate any authority granted to the Administrator under this section to other Federal, State, loc

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1031 — Major fraud against the United States

Page 324 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1031 ‘‘(B) modifies or impairs, or potentially modifies or impairs, the medical examination, medical diagnosis, medical treatment, or medical care of one or more in- dividuals; or’’. Subsec. (c)(3)(A). Pub. L. 103–322, § 290001(c)(2), in- serted ‘‘(A)’’ after ‘‘(a)(5)’’. Subsec. (c)(4). Pub. L. 103–322, § 290001(c)(1), (3), (4), added par. (4). Subsec. (g). Pub. L. 103–322, § 290001(d), added subsec. (g). Subsec. (h). Pub. L. 103–322, § 290001(e), added subsec. (h). 1990—Subsec. (a)(1). Pub. L. 101–647, § 3533, substituted ‘‘paragraph y’’ for ‘‘paragraph r’’. Subsec. (e)(3). Pub. L. 101–647, § 1205(e), inserted ‘‘com- monwealth,’’ before ‘‘possession or territory of the United States’’. Subsec. (e)(4)(G). Pub. L. 101–647, § 2597(j)(2), which di- rected substitution of a semicolon for a period at end of subpar. (G), could not be executed because it ended with a semicolon. Subsec. (e)(4)(H), (I). Pub. L. 101–647, § 2597(j), added subpars. (H) and (I). 1989—Subsec. (e)(4)(A). Pub. L. 101–73, § 962(a)(5)(A), substituted ‘‘an institution,’’ for ‘‘a bank’’. Subsec. (e)(4)(C) to (H). Pub. L. 101–73, § 962(a)(5)(B), (C), redesignated subpars. (D) to (H) as (C) to (G), re- spectively, and struck out former subpar. (C) which read as follows: ‘‘an institution with accounts insured by the Federal Savings and Loan Insurance Corpora- tion;’’. 1988—Subsec. (a)(2). Pub. L. 100–690 inserted a comma after ‘‘financial institution’’ and struck out the comma that followed a comma after ‘‘title 15’’. 1986—Subsec. (a). Pub. L. 99–474, § 2(b)(2), struck out last sentence which read as follows: ‘‘It is not an of- fense under paragraph (2) or (3) of this subsection in the case of a person having accessed a computer w

Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 1031

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3571 — Sentence of fine

**(a) In General.—** A defendant who has been found guilty of an offense may be sentenced to pay a fine. **(b) Fines for Individuals.—** Except as provided in subsection (e) of this section, an individual who has been found guilty of an offense may be fined not more than the greatest of— (1) the amount specified in the law setting forth the offense; (2) the applicable amount under subsection (d) of this section; (3) for a felony, not more than $250,000; (4) for a misdemeanor resulting in death, not more than $250,000; (5) for a Class A misdemeanor that does not result in death, not more than $100,000; (6) for a Class B or C misdemeanor that does not result in death, not more than $5,000; or (7) for an infraction, not more than $5,000. **(c) Fines for Organizations.—** Except as provided in subsection (e) of this section, an organization that has been found guilty of an offense may be fined not more than the greatest of— (1) the amount specified in the law setting forth the offense; (2) the applicable amount under subsection (d) of this section; (3) for a felony, not more than $500,000; (4) for a misdemeanor resulting in death, not more than $500,000; (5) for a Class A misdemeanor that does not result in death, not more than $200,000; (6) for a Class B or C misdemeanor that does not result in death, not more than $10,000; and (7) for an infraction, not more than $10,000. **(d) Alternative Fine Based on Gain or Loss.—** If any person derives pecuniary gain from the offense, or if the offense results in pecuniary loss to a person other than the defendant, the defendant may be fined not more than the greater of twice the gross gain or twice the gross loss, unless imposition of a fine under this subsection would unduly complicate or prolong the sentencing pr

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 3571

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3571 — Sentence of fine

Page 812 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3566 1 So in original. Probably should not appear. PRIOR PROVISIONS For a prior section 3565, applicable to offenses com- mitted prior to Nov. 1, 1987, see note set out preceding section 3551 of this title. AMENDMENTS 2002—Subsec. (b)(4). Pub. L. 107–273 added par. (4). 1994—Subsec. (a). Pub. L. 103–322, § 110506(a)(2), struck out concluding sentence which read as follows: ‘‘Not- withstanding any other provision of this section, if a defendant is found by the court to be in possession of a controlled substance, thereby violating the condition imposed by section 3563(a)(3), the court shall revoke the sentence of probation and sentence the defendant to not less than one-third of the original sentence.’’ Subsec. (a)(2). Pub. L. 103–322, § 110506(a)(1), sub- stituted ‘‘resentence the defendant under subchapter A’’ for ‘‘impose any other sentence that was available under subchapter A at the time of the initial sen- tencing’’. Subsec. (b). Pub. L. 103–322, § 110506(b), amended sub- sec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘(b) MANDATORY REVOCATION FOR POSSESSION OF A FIREARM.—If the defendant is in actual possession of a firearm, as that term is defined in section 921 of this title, at any time prior to the expiration or termi- nation of the term of probation, the court shall, after a hearing pursuant to Rule 32.1 of the Federal Rules of Criminal Procedure, revoke the sentence of probation and impose any other sentence that was available under subchapter A at the time of the initial sen- tencing.’’ 1990—Subsec. (a)(1). Pub. L. 101–647 substituted ‘‘or modifying’’ for ‘‘of modifying’’. 1988—Subsec. (a). Pub. L. 100–690, § 7303(a)(2), inserted at end ‘‘Notwithstanding any o

Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 3571

Stored review status: historical_2024_not_currentness_verified. The source passage cites 18 U.S.C. § 3571. This identifies an authority to review, not proof of applicability.