25 U.S.C. § 88 — False vouchers, accounts, or claims

Page 30 TITLE 25—INDIANS § 87 tion of the Secretary of the Interior, to defray the expense of per capita payments authorized by Congress. (Aug. 1, 1914, ch. 222, § 17, 38 Stat. 601; June 25, 1948, ch. 645, § 3, 62 Stat. 859.) Editorial Notes REFERENCES IN TEXT Act of March third, nineteen hundred and eleven, re- ferred to in text, is act Mar. 3, 1911, ch. 210, 36 Stat. 1060, which, insofar as classified to the Code, enacted sections 11, 118, 143, 156, 300, and 301 of this title. For classification of this Act to the Code, see Tables. AMENDMENTS 1948—Act June 25, 1948, struck out provisions relating to prohibiting contracts for compensation for services in relation to enrollment in the Five Civilized Tribes. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1948 AMENDMENT Amendment by act June 25, 1948 effective Sept. 1, 1948. Executive Documents TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with cer- tain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. § 87. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862 Section, act June 22, 1874, ch. 389, § 10, 18 Stat. 177, re- lated to interest of agents and employees in Indian con- tracts. See section 437 of Title 18, Crimes and Criminal Procedure. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Sept. 1, 1948, see act June 25, 1948, ch. 645, § 20, 62 Stat. 862. § 87a. Repealed. Pub. L. 96–277, § 2, June 17, 1980, 94 Stat. 545 Section, act June 19, 1939, ch. 210, 53 Stat. 840, author- ized Federal employees, including Indian Service em- ployees, under rules and regulations of Secretary of the Interior to purchase from Indians and Indian organiza- tions arts and crafts, or other products, services, or commodities, produced, rendered, owned, controlled, or furnished by Indians or Indian organizations, but pro- hibited employee purchases for purpose of engaging di- rectly or indirectly in commercial selling, reselling, trading, or bartering of such purchases. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective sixty days after June 17, 1980, see section 4 of Pub. L. 96–277, set out as a note under sec- tion 68 of this title. § 88. False vouchers, accounts, or claims Any disbursing or other officer of the United States, or other person, who shall knowingly present, or cause to be presented, any voucher, account, or claim to any officer of the United States, for approval or payment, or for the pur- pose of securing a credit in any account with the United States, relating to any matter pertaining to the Indian Service, which shall contain any material misrepresentation of fact in regard to the amount due or paid, the name or character of the article furnished or received; or of the service rendered, or to the date of purchase, de- livery, or performance of service, or in any other particular, shall not be entitled to payment or credit for any part of said voucher, account, or claim; and if any such credit shall be given or received, or payment made, the United States may recharge the same to the officer or person receiving the credit or payment, and recover the amount from either or from both, in the same manner as other debts due the United States are collected: Provided, That where an account con- tains more than one voucher the foregoing shall apply only to such vouchers as contain the mis- representation: And provided further, That the officers and persons by and between whom the business is transacted shall, in all civil actions in settlement of accounts, be presumed to know the facts in relation to the matter set forth in the voucher, account, or claim: And provided fur- ther, That the foregoing shall be in addition to the penalties prescribed by law, and in no way affect proceedings under existing law for like of- fenses. Where practicable this section shall be printed on the blank forms of vouchers provided for general use. (July 4, 1884, ch. 180, § 8, 23 Stat. 97.) Executive Documents TRANSFER OF FUNCTIONS Transfer of disbursement functions of all Government agencies with certain exceptions to Fiscal Service, De- partment of the Treasury, see note set out under sec- tion 53 of this title. CHAPTER 4—PERFORMANCE BY UNITED STATES OF OBLIGATIONS TO INDIANS SUBCHAPTER I—PURCHASE OF SUPPLIES Sec. 91 to 96. Omitted or Repealed. 97. Proposals or bids for contracts to be pre- served. 98. Purchase of supplies without authority. 99. Contracts for supplies in advance of appro- priations. 100. Repealed. 101. Payment for wagon transportation. 102. Payment of costs for furnishing coal for In- dian Service. 103. Repealed. 104. Purchase of articles manufactured at schools. SUBCHAPTER II—DISBURSEMENT OF MONEYS AND SUPPLIES 111. Payment of moneys and distribution of goods. 112. Persons present at delivery of goods and money. 113. Mode of disbursements. 114. Payment of annuities in coin. 115. Payment of annuities in goods. 116. Indians 18 years of age to have right to re- ceipt for annuity. 117. Repealed. 117a. Per capita distribution of funds to tribe mem- bers.