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18 U.S.C. § 1031Major fraud against the United States

submitted 38 years ago by Pub. L. 100-700 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 829 words · no verdicts yet

in plain englishAI-generated · not legal advice

Knowingly carrying out or attempting a major fraud involving at least $1,000,000 in Federal assistance or certain Federal procurement can bring a fine or up to 10 years in prison. The section also sets larger fine limits, a seven-year prosecution period, information payments, and sentencing factors.

(a) Anyone who knowingly carries out or attempts a scheme intending to defraud the United States, or to obtain money or property through false or fraudulent pretenses, representations, or promises, in a grant, contract, subcontract, subsidy, loan, guarantee, insurance, or other Federal assistance—including the listed government programs—or in covered Federal procurement, commits this offense when the value is at least $1,000,000. Subject to subsection (c), the person may be fined up to $1,000,000, imprisoned up to 10 years, or both. (b) The fine may be up to $5,000,000 if the government’s gross loss or defendant’s gross gain is at least $500,000, or the offense consciously or recklessly risks serious personal injury. (c) For one prosecution, including multiple counts, the maximum fine is $10,000,000. (d) The court may impose any other sentence available under this title, including a fine up to twice the offense’s gross loss or gross gain under section 3571(d). (e) The court must consider sections 3553 and 3572 and the Sentencing Commission’s guidelines and policy statements, including the seriousness of the offense and victim harm or loss and defendant gain; whether the defendant was previously fined for a similar offense; and other relevant equitable considerations. (f) Prosecution may begin no later than seven years after the offense, plus any additional time otherwise allowed by law. (g) (1) In special circumstances and in the Attorney General’s sole discretion, the Attorney General may pay, from Justice Department appropriations, a person who provides information about a possible prosecution. The payment may not exceed $250,000. On the Attorney General’s application, the court may order reimbursement from a criminal fine. (2) A person is ineligible if the person is an officer or employee of the United States, a State, or a political subdivision; was an officer or employee when the information was obtained; or is an immediate family member of such an officer or employee. (3) The Attorney General may not make a payment if the person planned or initiated the offense, or if the information was obtained by a person in the course of professional legal representation or from a person who obtained it through that representation. (4) This subsection does not create a right to a payment or a basis for challenging a decision about a payment.
the actual law source: uscode.house.gov ↗public domain
(a)

Whoever knowingly executes, or attempts to execute, any scheme or artifice with the intent—

(1)

to defraud the United States; or

(2)

to obtain money or property by means of false or fraudulent pretenses, representations, or promises,

in any grant, contract, subcontract, subsidy, loan, guarantee, insurance, or other form of Federal assistance, including through the Troubled Asset Relief Program, an economic stimulus, recovery or rescue plan provided by the Government, or the Government’s purchase of any troubled asset as defined in the Emergency Economic Stabilization Act of 2008, or in any procurement of property or services 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, if the value of such grant, contract, subcontract, subsidy, loan, guarantee, insurance, or other form of Federal assistance, or any constituent part thereof, is $1,000,000 or more shall, subject to the applicability of subsection (c) of this section, be fined not more than $1,000,000, or imprisoned not more than 10 years, or both.

(b)

The fine imposed for an offense under this section may exceed the maximum otherwise provided by law, if such fine does not exceed $5,000,000 and—

(1)

the gross loss to the Government or the gross gain to a defendant is $500,000 or greater; or

(2)

the offense involves a conscious or reckless risk of serious personal injury.

(c)

The maximum fine imposed upon a defendant for a prosecution including a prosecution with multiple counts under this section shall not exceed $10,000,000.

(d)

Nothing in this section shall preclude a court from imposing any other sentences available under this title, including without limitation a fine up to twice the amount of the gross loss or gross gain involved in the offense pursuant to 18 U.S.C. section 3571(d).

(e)

In determining the amount of the fine, the court shall consider the factors set forth in 18 U.S.C. sections 3553 and 3572, and the factors set forth in the guidelines and policy statements of the United States Sentencing Commission, including—

(1)

the need to reflect the seriousness of the offense, including the harm or loss to the victim and the gain to the defendant;

(2)

whether the defendant previously has been fined for a similar offense; and

(3)

any other pertinent equitable considerations.

(f)

A prosecution of an offense under this section may be commenced any time not later than 7 years after the offense is committed, plus any additional time otherwise allowed by law.

(g)
(1)

In special circumstances and in his or her sole discretion, the Attorney General is authorized to make payments from funds appropriated to the Department of Justice to persons who furnish information relating to a possible prosecution under this section. The amount of such payment shall not exceed $250,000. Upon application by the Attorney General, the court may order that the Department shall be reimbursed for a payment from a criminal fine imposed under this section.

(2)

An individual is not eligible for such a payment if—

(A)

that individual is an officer or employee of a Government agency who furnishes information or renders service in the performance of official duties;

(B)

that individual failed to furnish the information to the individual’s employer prior to furnishing it to law enforcement authorities, unless the court determines the individual has justifiable reasons for that failure;

(C)

the furnished information is based upon public disclosure of allegations or transactions in a criminal, civil, or administrative hearing, in a congressional, administrative, or GAO report, hearing, audit or investigation, or from the news media unless the person is the original source of the information. For the purposes of this subsection, “original source” means an individual who has direct and independent knowledge of the information on which the allegations are based and has voluntarily provided the information to the Government; or

(D)

that individual participated in the violation of this section with respect to which such payment would be made.

(3)

The failure of the Attorney General to authorize a payment shall not be subject to judicial review.

(h)

Any individual who—

(1)

is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment by an employer because of lawful acts done by the employee on behalf of the employee or others in furtherance of a prosecution under this section (including investigation for, initiation of, testimony for, or assistance in such prosecution), and

(2)

was not a participant in the unlawful activity that is the subject of said prosecution, may, in a civil action, obtain all relief necessary to make such individual whole. Such relief shall include reinstatement with the same seniority status such individual would have had but for the discrimination, 2 times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney’s fees.

Source credit: (Added Pub. L. 100–700, § 2(a), Nov. 19, 1988, 102 Stat. 4631; amended Pub. L. 101–123, § 2(a), Oct. 23, 1989, 103 Stat. 759; Pub. L. 103–322, title XXXIII, § 330002(a), (f), Sept. 13, 1994, 108 Stat. 2140; Pub. L. 111–21, § 2(d), May 20, 2009, 123 Stat. 1618.)

history & why it existsrecord from the source credit
  • 1988Enacted · Pub. L. 100-700 · 102 Stat. 4631
  • 1989Amended · Pub. L. 101-123 · 103 Stat. 759
  • 1994Amended · Pub. L. 103-322 · 108 Stat. 2140
  • 2009Amended · Pub. L. 111-21 · 123 Stat. 1618

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-700 on 1988-11-19.

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