18 U.S.C. § 1040 — Fraud in connection with major disaster

Page 331 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1040 (C) is contained in any bill, itemization, or account statement provided to a customer by or on behalf of a covered entity solely by virtue of the relationship between that cov- ered entity and the customer. (2) COVERED ENTITY.—The term ‘‘covered en- tity’’— (A) has the same meaning given the term ‘‘telecommunications carrier’’ in section 3 of the Communications Act of 1934 (47 U.S.C. 153); and (B) includes any provider of IP-enabled voice service. (3) CUSTOMER.—The term ‘‘customer’’ means, with respect to a covered entity, any indi- vidual, partnership, association, joint stock company, trust, or corporation, or authorized representative of such customer, to whom the covered entity provides a product or service. (4) IP-ENABLED VOICE SERVICE.—The term ‘‘IP-enabled voice service’’ means the provi- sion of real-time voice communications of- fered to the public, or such class of users as to be effectively available to the public, trans- mitted through customer premises equipment using TCP/IP protocol, or a successor protocol, (whether part of a bundle of services or sepa- rately) with interconnection capability such that the service can originate traffic to, or terminate traffic from, the public switched telephone network, or a successor network. (Added Pub. L. 109–476, § 3(a), Jan. 12, 2007, 120 Stat. 3569.) Editorial Notes REFERENCES IN TEXT Section 222(d) of the Communications Act of 1934, re- ferred to in subsecs. (b)(2) and (c)(2), is classified to sec- tion 222(d) of Title 47, Telecommunications. Statutory Notes and Related Subsidiaries FINDINGS Pub. L. 109–476, § 2, Jan. 12, 2007, 120 Stat. 3568, pro- vided that: ‘‘Congress finds that— ‘‘(1) telephone records can be of great use to crimi- nals because the information contained in call logs may include a wealth of personal data; ‘‘(2) call logs may reveal the names of telephone users’ doctors, public and private relationships, busi- ness associates, and more; ‘‘(3) call logs are typically maintained for the ex- clusive use of phone companies, their authorized agents, and authorized consumers; ‘‘(4) telephone records have been obtained without the knowledge or consent of consumers through the use of a number of fraudulent methods and devices that include— ‘‘(A) telephone company employees selling data to unauthorized data brokers; ‘‘(B) ‘pretexting’, whereby a data broker or other person represents that they are an authorized con- sumer and convinces an agent of the telephone company to release the data; or ‘‘(C) gaining unauthorized Internet access to ac- count data by improperly activating a consumer’s account management features on a phone com- pany’s webpage or contracting with an Internet- based data broker who trafficks in such records; and ‘‘(5) the unauthorized disclosure of telephone records not only assaults individual privacy but, in some instances, may further acts of domestic vio- lence or stalking, compromise the personal safety of law enforcement officers, their families, victims of crime, witnesses, or confidential informants, and un- dermine the integrity of law enforcement investiga- tions.’’ § 1040. Fraud in connection with major disaster or emergency benefits (a) Whoever, in a circumstance described in subsection (b) of this section, knowingly— (1) falsifies, conceals, or covers up by any trick, scheme, or device any material fact; or (2) makes any materially false, fictitious, or fraudulent statement or representation, or makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or representation, in any matter involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with a major disaster dec- laration under section 401 of the Robert T. Staf- ford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or an emergency declaration under section 501 of the Robert T. Stafford Dis- aster Relief and Emergency Assistance Act (42 U.S.C. 5191), or in connection with any procure- ment of property or services related to any emergency or major disaster declaration 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, shall be fined under this title, impris- oned not more than 30 years, or both. (b) A circumstance described in this sub- section is any instance where— (1) the authorization, transportation, trans- mission, transfer, disbursement, or payment of the benefit is in or affects interstate or foreign commerce; (2) the benefit is transported in the mail at any point in the authorization, transpor- tation, transmission, transfer, disbursement, or payment of that benefit; or (3) the benefit is a record, voucher, payment, money, or thing of value of the United States, or of any department or agency thereof. (c) In this section, the term ‘‘benefit’’ means any record, voucher, payment, money or thing of value, good, service, right, or privilege pro- vided by the United States, a State or local gov- ernment, or other entity. (Added Pub. L. 110–179, § 2(a), Jan. 7, 2008, 121 Stat. 2556.) CHAPTER 49—FUGITIVES FROM JUSTICE Sec. 1071. Concealing person from arrest. 1072. Concealing escaped prisoner. 1073. Flight to avoid prosecution or giving testi- mony. 1074. Flight to avoid prosecution for damaging or destroying any building or other real or personal property. Editorial Notes AMENDMENTS 1960—Pub. L. 86–449, title II, § 202, May 6, 1960, 74 Stat. 87, added item 1074.