18 U.S.C. § 283 — Untitled legal text

Page 102 TITLE 18—CRIMES AND CRIMINAL PROCEDURE [§ 283 [§ 283. Repealed. Pub. L. 87–849, § 2, Oct. 23, 1962, 76 Stat. 1126; Pub. L. 100–180, div. A, title VIII, § 822(a), Dec. 4, 1987, 101 Stat. 1132] Section, acts June 25, 1948, ch. 645, 62 Stat. 697; June 28, 1949, ch. 268, § 2(b), 63 Stat. 280, related to officers or employees interested in claims against the govern- ment. Pub. L. 87–849 continued limited applicability to retired officers of the Armed Forces of the United States. Pub. L. 100–180 repealed section to the extent that it had not been repealed by section 2 of Pub. L. 87–849. Section was supplanted by section 205 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87–849, set out as an Effective Date note under section 201 of this title. [§ 284. Repealed. Pub. L. 87–849, § 2, Oct. 23, 1962, 76 Stat. 1126] Section, acts June 25, 1948, ch. 645, 62 Stat. 698; May 24, 1949, ch. 139, § 7, 63 Stat. 90, related to disqualifica- tions of former officers and employees in matters con- nected with former duties. Section was supplanted by section 207 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87–849, set out as an Effective Date note under section 201 of this title. § 285. Taking or using papers relating to claims Whoever, without authority, takes and carries away from the place where it was filed, depos- ited, or kept by authority of the United States, any certificate, affidavit, deposition, statement of facts, power of attorney, receipt, voucher, as- signment, or other document, record, file, or paper prepared, fitted, or intended to be used or presented to procure the payment of money from or by the United States or any officer, em- ployee, or agent thereof, or the allowance or payment of the whole or any part of any claim, account, or demand against the United States, whether the same has or has not already been so used or presented, and whether such claim, ac- count, or demand, or any part thereof has or has not already been allowed or paid; or Whoever presents, uses, or attempts to use any such document, record, file, or paper so taken and carried away, to procure the payment of any money from or by the United States, or any offi- cer, employee, or agent thereof, or the allow- ance or payment of the whole or any part of any claim, account, or demand against the United States— Shall be fined under this title or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 698; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 92 (Mar. 4, 1909, ch. 321, § 40, 35 Stat. 1096). Word ‘‘employee’’ was inserted after ‘‘officer’’ in two places to clarify scope of section. The words ‘‘five years’’ were substituted for ‘‘ten years’’ in the punishment provision to conform to like provisions in similar offenses. (See section 1001 of this title.) Changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. § 286. Conspiracy to defraud the Government with respect to claims Whoever enters into any agreement, combina- tion, or conspiracy to defraud the United States, or any department or agency thereof, by obtain- ing or aiding to obtain the payment or allow- ance 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.) HISTORICAL AND REVISION NOTES 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 ‘‘agen- cy’’ was inserted after it. (See definitions of ‘‘depart- ment’’ 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 sec- tion 6 of this title. Minor changes in phraseology were made. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. § 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, ficti- tious, 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.) HISTORICAL AND REVISION NOTES 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 re- lating 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 defi- nition of ‘‘agency’’ in section 6 of this title.