18 U.S.C. § 290 — Discharge papers withheld by claim agent

Page 103 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 290 The words ‘‘five years’’ were substituted for ‘‘ten years’’ to harmonize the punishment provisions of com- parable sections involving offenses of the gravity of felonies, but not of such heinous character as to war- rant a 10-year punishment. (See sections 914, 1001, 1002, 1005, 1006 of this title.) Reference to persons causing or procuring was omit- ted as unnecessary in view of definition of ‘‘principal’’ in section 2 of this title. Minor changes in phraseology were made. Editorial Notes AMENDMENTS 1986—Pub. L. 99–562 substituted ‘‘imprisoned not more than five years and shall be subject to a fine in the amount provided in this title’’ for ‘‘fined not more than $10,000 or imprisoned not more than five years, or both’’. Statutory Notes and Related Subsidiaries INCREASED PENALTIES FOR FALSE CLAIMS IN DEFENSE PROCUREMENT Pub. L. 99–145, title IX, § 931(a), Nov. 8, 1985, 99 Stat. 699, provided that: ‘‘Notwithstanding sections 287 and 3623 of title 18, United States Code, the maximum fine that may be imposed under such section for making or presenting any claim upon or against the United States related to a contract with the Department of Defense, knowing such claim to be false, fictitious, or fraudu- lent, is $1,000,000.’’ [Pub. L. 99–145, title IX, § 931(c), Nov. 8, 1985, 99 Stat. 699, provided that section 931(a) is applicable to claims made or presented on or after Nov. 8, 1985.] § 288. False claims for postal losses Whoever makes, alleges, or presents any claim or application for indemnity for the loss of any registered or insured letter, parcel, package, or other article or matter, or the contents thereof, knowing such claim or application to be false, fictitious, or fraudulent; or Whoever for the purpose of obtaining or aiding to obtain the payment or approval of any such claim or application, makes or uses any false statement, certificate, affidavit, or deposition; or Whoever knowingly and willfully misrepre- sents, or misstates, or, for the purpose aforesaid, knowingly and willfully conceals any material fact or circumstance in respect of any such claim or application for indemnity— Shall be fined under this title or imprisoned not more than one year, or both. Where the amount of such claim or applica- tion for indemnity is less than $1,000 only a fine shall be imposed. (June 25, 1948, ch. 645, 62 Stat. 698; Pub. L. 103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, § 606(a), Oct. 11, 1996, 110 Stat. 3511.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 354 (Mar. 4, 1909, ch. 321, § 224, 35 Stat. 1133; Aug. 5, 1939, ch. 429, 53 Stat. 1203). Reference to persons causing, assisting, aiding, or abetting, was omitted as such persons are made prin- cipals by section 2 of this title. Changes in phraseology were made. Editorial Notes AMENDMENTS 1996—Pub. L. 104–294 substituted ‘‘$1,000’’ for ‘‘$100’’ in fifth par. 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $500’’ in fourth par. § 289. False claims for pensions Whoever knowingly and willfully makes, or presents any false, fictitious or fraudulent affi- davit, declaration, certificate, voucher, endorse- ment, or paper or writing purporting to be such, concerning any claim for pension or payment thereof, or pertaining to any other matter with- in the jurisdiction of the Secretary of Veterans Affairs, or knowingly or willfully makes or pre- sents any paper required as a voucher in drawing a pension, which paper bears a date subsequent to that upon which it was actually signed or ac- knowledged by the pensioner; or Whoever knowingly and falsely certifies that the declarant, affiant, or witness named in such declaration, affidavit, voucher, endorsement, or other paper or writing personally appeared be- fore him and was sworn thereto, or acknowl- edged the execution thereof— Shall be fined under this title or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 699; Pub. L. 102–54, § 13(f)(1), June 13, 1991, 105 Stat. 275; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on section 81 of title 18, section 126 of title 38, Pensions, Bonuses, and Veterans’ Relief, and section 787 of title 43, Public Lands, all of U.S.C., 1940 ed. (R.S. § 4746; July 7, 1898, ch. 578, 30 Stat. 718; Aug. 17, 1912, ch. 301, § 1, 37 Stat. 312; July 3, 1930, ch. 863, § 2, 46 Stat. 1016). Reference to persons aiding or assisting or causing or procuring was omitted as unnecessary in view of defini- tion of ‘‘principal’’ in section 2 of this title. Words ‘‘or bounty land’’, before ‘‘prosecution of any claim for pension’’, were omitted as obsolete. (See re- viser’s note under section 290 of this title.) Upon authority of 1930 enactment words ‘‘Adminis- trator of Veterans’ Affairs’’ were substituted for ‘‘Com- missioner of Pensions or of the Secretary of the Inte- rior’’, which appeared in 1898 enactment. The fine was changed from ‘‘$500’’ for ‘‘$10,000’’ to conform with punishment provision of section 287 of this title. Minor changes in phraseology were also made. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. 1991—Pub. L. 102–54 substituted ‘‘Secretary of Vet- erans Affairs’’ for ‘‘Administrator of Veterans’ Af- fairs’’. § 290. Discharge papers withheld by claim agent Whoever, being a claim agent, attorney, or other person engaged in the collection of claims for pay, pension, or other allowances for any sol- dier, sailor, or marine, or for any commissioned officer of the military or naval forces, or for any person who may have been a soldier, sailor, ma- rine, or officer of the regular or volunteer forces of the United States, or for his dependents or beneficiaries, retains, without the consent of the owner or owners thereof, or refuses to deliver or account for the same upon demand duly made by the owner or owners thereof, or by their agent Page 104 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 291 or attorney, the discharge papers of any such soldier, sailor, or marine, or commissioned offi- cer, which may have been placed in his hands for the purpose of collecting said claims, shall be fined under this title or imprisoned not more than six months, or both; and shall be debarred from prosecuting any such claim in any depart- ment or agency of the United States. (June 25, 1948, ch. 645, 62 Stat. 699; Pub. L. 103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on section 100 of title 31, Money and Finance, section 130 of title 38, Pensions, Bonuses, and Veterans’ Relief, and section 841 of title 43, Public Lands, all U.S.C., 1940 ed. (May 21, 1872, ch. 178, 17 Stat. 137). Words ‘‘deemed guilty of a misdemeanor’’ were de- leted as unnecessary. (See definition of ‘‘misdemeanor’’ in section 1 of this title.) Words ‘‘and shall upon conviction, be’’ were omitted as surplusage since punishment can follow only after conviction. To clarify meaning of ‘‘executive department’’ word ‘‘executive’’ before ‘‘department’’ was deleted and words ‘‘or agency’’ were inserted after it. (See defini- tions of ‘‘department’’ and ‘‘agency’’ in section 6 of this title.) Words ‘‘bounty’’, before ‘‘pension’’, and ‘‘or land war- rant’’, before ‘‘of any such soldier’’, were deleted as ob- solete. According to regulations, Circular 1151, January 8, 1929, issued by the Secretary of the Interior and the General Land Office (see 43 CFR 131.1–131.2) ‘‘warrants for bounty lands were and are issued by the Commis- sioner of Pensions (Administrator of Veterans’ Affairs) for services in wars or battles prior to March 3, 1855 only.’’ Further, it is stated that ‘‘Warrants can not now be ‘located’ upon the public lands. The locating privi- lege was denied except in the state of Missouri after the passage of the act of March 2, 1889 (25 Stat. 854; 43 U.S.C. § 700), and there are no lands known to the Gen- eral Land Office to be subject to warrant location in Missouri.’’ Words ‘‘and honorably discharged’’ were omitted as unnecessary and words ‘‘or for his dependents or bene- ficiaries’’ were inserted after ‘‘United States’’ so as to embrace an important class of persons who employ at- torneys or agents in the collection of claims permitted by statute. Minor changes of phraseology were also made. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $500’’. § 291. Purchase of claims for fees by court offi- cials Whoever, being a judge, clerk, or deputy clerk of any court of the United States or a Territory or Possession thereof, or a United States district attorney, assistant attorney, marshal, deputy marshal, magistrate judge, or other person hold- ing any office or employment, or position of trust or profit under the United States, directly or indirectly purchases at less than the full face value thereof, any claim against the United States for the fee, mileage, or expenses of any witness, juror, deputy marshal, or any other of- ficer of such court, shall be fined under this title. (June 25, 1948, ch. 645, 62 Stat. 699; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 193 (Mar. 4, 1909, ch. 321, § 104, 35 Stat. 1107). Word ‘‘Possession’’ was inserted to clarify scope of section. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Words ‘‘magistrate judge’’ substituted for ‘‘mag- istrate’’ in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, ‘‘mag- istrate’’ substituted for ‘‘commissioner’’ pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28. § 292. Solicitation of employment and receipt of unapproved fees concerning Federal employ- ees’ compensation Whoever solicits employment for himself or another in respect to a case, claim, or award for compensation under, or to be brought under, subchapter I of chapter 81 of title 5; or Whoever receives a fee, other consideration, or gratuity on account of legal or other services furnished in respect to a case, claim, or award for compensation under subchapter I of chapter 81 of title 5, unless the fee, consideration, or gra- tuity is approved by the Secretary of Labor— Shall, for each offense, be fined under this title or imprisoned not more than one year, or both. (Added Pub. L. 89–554, § 3(b), Sept. 6, 1966, 80 Stat. 608; amended Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 773(b) (last sentence). Oct. 14, 1949, ch. 691, § 208 ‘‘Sec. 23(b) (last sen- tence)’’, 63 Stat. 865. The words ‘‘under subchapter I of chapter 81 of title 5’’ are substituted for ‘‘under this Act’’ (Federal Em- ployees’ Compensation Act) to reflect the codification of the Act in title 5, United States Code. The words ‘‘is approved by the Secretary of Labor’’ are substituted for ‘‘is so approved’’. The words ‘‘Sec- retary of Labor’’ are substituted for ‘‘Administrator’’ (Federal Security Administrator) on authority of 1950 Reorg. Plan No. 19, § 1, eff. May 24, 1950, 64 Stat. 1271. The words ‘‘shall be guilty of a misdemeanor’’ are omitted as unnecessary in view of the definitive section 1 of this title. (See reviser’s note under 18 U.S.C. 212, 1964 ed.) The words ‘‘and upon conviction thereof’’ are omitted as unnecessary because punishment can be imposed only after conviction. The words ‘‘or both’’ are substituted for ‘‘or by both such fine and imprisonment’’. Minor changes in phraseology are made to conform to the style of title 18.