18 U.S.C. § 1037 — Fraud and related activity in connection

Page 328 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1035 § 1035. False statements relating to health care matters (a) Whoever, in any matter involving a health care benefit program, knowingly and willfully— (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; or (2) makes any materially false, fictitious, or fraudulent statements or representations, or makes or uses any materially false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry, in connection with the delivery of or payment for health care benefits, items, or services, shall be fined under this title or imprisoned not more than 5 years, or both. (b) As used in this section, the term ‘‘health care benefit program’’ has the meaning given such term in section 24(b) of this title. (Added Pub. L. 104–191, title II, § 244(a), Aug. 21, 1996, 110 Stat. 2017.) § 1036. Entry by false pretenses to any real prop- erty, vessel, or aircraft of the United States or secure area of any airport or seaport (a) Whoever, by any fraud or false pretense, enters or attempts to enter— (1) any real property belonging in whole or in part to, or leased by, the United States; (2) any vessel or aircraft belonging in whole or in part to, or leased by, the United States; (3) any secure or restricted area of any sea- port, designated as secure in an approved secu- rity plan, as required under section 70103 of title 46, United States Code, and the rules and regulations promulgated under that section; or (4) any secure area of any airport, shall be punished as provided in subsection (b) of this section. (b) The punishment for an offense under sub- section (a) of this section is— (1) a fine under this title or imprisonment for not more than 10 years, or both, if the of- fense is committed with the intent to commit a felony; or (2) a fine under this title or imprisonment for not more than 6 months, or both, in any other case. (c) As used in this section— (1) the term ‘‘secure area’’ means an area ac- cess to which is restricted by the airport au- thority, captain of the seaport, or a public agency; and (2) the term ‘‘airport’’ has the meaning given such term in section 47102 of title 49. (Added Pub. L. 106–547, § 2(a), Dec. 19, 2000, 114 Stat. 2738; amended Pub. L. 109–177, title III, § 302(a), Mar. 9, 2006, 120 Stat. 233.) Editorial Notes AMENDMENTS 2006—Pub. L. 109–177, § 302(a)(4), substituted ‘‘any air- port or seaport’’ for ‘‘any airport’’ in section catchline. Subsec. (a)(3), (4). Pub. L. 109–177, § 302(a)(1), added par. (3) and redesignated former par. (3) as (4). Subsec. (b)(1). Pub. L. 109–177, § 302(a)(2), substituted ‘‘10 years’’ for ‘‘5 years’’. Subsec. (c)(1). Pub. L. 109–177, § 302(a)(3), inserted ‘‘, captain of the seaport,’’ after ‘‘airport authority’’. § 1037. Fraud and related activity in connection with electronic mail (a) IN GENERAL.—Whoever, in or affecting interstate or foreign commerce, knowingly— (1) accesses a protected computer without authorization, and intentionally initiates the transmission of multiple commercial elec- tronic mail messages from or through such computer, (2) uses a protected computer to relay or re- transmit multiple commercial electronic mail messages, with the intent to deceive or mis- lead recipients, or any Internet access service, as to the origin of such messages, (3) materially falsifies header information in multiple commercial electronic mail messages and intentionally initiates the transmission of such messages, (4) registers, using information that materi- ally falsifies the identity of the actual reg- istrant, for five or more electronic mail ac- counts or online user accounts or two or more domain names, and intentionally initiates the transmission of multiple commercial elec- tronic mail messages from any combination of such accounts or domain names, or (5) falsely represents oneself to be the reg- istrant or the legitimate successor in interest to the registrant of 5 or more Internet Pro- tocol addresses, and intentionally initiates the transmission of multiple commercial elec- tronic mail messages from such addresses, or conspires to do so, shall be punished as pro- vided in subsection (b). (b) PENALTIES.—The punishment for an offense under subsection (a) is— (1) a fine under this title, imprisonment for not more than 5 years, or both, if— (A) the offense is committed in further- ance of any felony under the laws of the United States or of any State; or (B) the defendant has previously been con- victed under this section or section 1030, or under the law of any State for conduct in- volving the transmission of multiple com- mercial electronic mail messages or unau- thorized access to a computer system; (2) a fine under this title, imprisonment for not more than 3 years, or both, if— (A) the offense is an offense under sub- section (a)(1); (B) the offense is an offense under sub- section (a)(4) and involved 20 or more fal- sified electronic mail or online user account registrations, or 10 or more falsified domain name registrations; (C) the volume of electronic mail messages transmitted in furtherance of the offense ex- ceeded 2,500 during any 24-hour period, 25,000 during any 30-day period, or 250,000 during any 1-year period; (D) the offense caused loss to one or more persons aggregating $5,000 or more in value during any 1-year period; (E) as a result of the offense any individual committing the offense obtained anything of value aggregating $5,000 or more during any 1-year period; or Page 329 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1038 (F) the offense was undertaken by the de- fendant in concert with three or more other persons with respect to whom the defendant occupied a position of organizer or leader; and (3) a fine under this title or imprisonment for not more than 1 year, or both, in any other case. (c) FORFEITURE.— (1) IN GENERAL.—The court, in imposing sen- tence on a person who is convicted of an of- fense under this section, shall order that the defendant forfeit to the United States— (A) any property, real or personal, consti- tuting or traceable to gross proceeds ob- tained from such offense; and (B) any equipment, software, or other technology used or intended to be used to commit or to facilitate the commission of such offense. (2) PROCEDURES.—The procedures set forth in section 413 of the Controlled Substances Act (21 U.S.C. 853), other than subsection (d) of that section, and in Rule 32.2 of the Federal Rules of Criminal Procedure, shall apply to all stages of a criminal forfeiture proceeding under this section. (d) DEFINITIONS.—In this section: (1) LOSS.—The term ‘‘loss’’ has the meaning given that term in section 1030(e) of this title. (2) MATERIALLY.—For purposes of paragraphs (3) and (4) of subsection (a), header informa- tion or registration information is materially falsified if it is altered or concealed in a man- ner that would impair the ability of a recipi- ent of the message, an Internet access service processing the message on behalf of a recipi- ent, a person alleging a violation of this sec- tion, or a law enforcement agency to identify, locate, or respond to a person who initiated the electronic mail message or to investigate the alleged violation. (3) MULTIPLE.—The term ‘‘multiple’’ means more than 100 electronic mail messages during a 24-hour period, more than 1,000 electronic mail messages during a 30-day period, or more than 10,000 electronic mail messages during a 1-year period. (4) OTHER TERMS.—Any other term has the meaning given that term by section 3 of the CAN-SPAM Act of 2003. (Added Pub. L. 108–187, § 4(a)(1), Dec. 16, 2003, 117 Stat. 2703.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Criminal Procedure, referred to in subsec. (c)(2), are set out in the Appendix to this title. Section 3 of the CAN-SPAM Act of 2003, referred to in subsec. (d)(4), is classified to section 7702 of Title 15, Commerce and Trade. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 2004, see section 16 of Pub. L. 108–187, set out as a note under section 7701 of Title 15, Commerce and Trade. § 1038. False information and hoaxes (a) CRIMINAL VIOLATION.— (1) IN GENERAL.—Whoever engages in any conduct with intent to convey false or mis- leading information under circumstances where such information may reasonably be be- lieved and where such information indicates that an activity has taken, is taking, or will take place that would constitute a violation of chapter 2, 10, 11B, 39, 40, 44, 111, or 113B of this title, section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), or section 46502, the sec- ond sentence of section 46504, section 46505(b)(3) or (c), section 46506 if homicide or attempted homicide is involved, or section 60123(b) of title 49, shall— (A) be fined under this title or imprisoned not more than 5 years, or both; (B) if serious bodily injury results, be fined under this title or imprisoned not more than 20 years, or both; and (C) if death results, be fined under this title or imprisoned for any number of years up to life, or both. (2) ARMED FORCES.—Any person who makes a false statement, with intent to convey false or misleading information, about the death, in- jury, capture, or disappearance of a member of the Armed Forces of the United States during a war or armed conflict in which the United States is engaged— (A) shall be fined under this title, impris- oned not more than 5 years, or both; (B) if serious bodily injury results, shall be fined under this title, imprisoned not more than 20 years, or both; and (C) if death results, shall be fined under this title, imprisoned for any number of years or for life, or both. (b) CIVIL ACTION.—Whoever engages in any conduct with intent to convey false or mis- leading information under circumstances where such information may reasonably be believed and where such information indicates that an activity has taken, is taking, or will take place that would constitute a violation of chapter 2, 10, 11B, 39, 40, 44, 111, or 113B of this title, section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), or section 46502, the second sentence of section 46504, section 46505 (b)(3) or (c), section 46506 if homicide or attempted homicide is in- volved, or section 60123(b) of title 49 is liable in a civil action to any party incurring expenses incident to any emergency or investigative re- sponse to that conduct, for those expenses. (c) REIMBURSEMENT.— (1) IN GENERAL.—The court, in imposing a sentence on a defendant who has been con- victed of an offense under subsection (a), shall order the defendant to reimburse any state or local government, or private not-for-profit or- ganization that provides fire or rescue service incurring expenses incident to any emergency or investigative response to that conduct, for those expenses. (2) LIABILITY.—A person ordered to make re- imbursement under this subsection shall be jointly and severally liable for such expenses with each other person, if any, who is ordered to make reimbursement under this subsection for the same expenses.