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40 U.S.C. § 123Civil remedies for fraud

submitted 24 years ago by Pub. L. 107-217 to r/title-40-PUBLIC-BUILDINGS-PROPERTY-AND-WORKS · 404 words · no verdicts yet

in plain englishAI-generated · not legal advice

Someone who uses fraud to get money, property, or another benefit from the federal government, in a deal involving government property, must pay the government a penalty — either a set amount plus double the government's damages and legal costs, or double what either side agreed to give the other, or must return what was fraudulently obtained. These civil penalties come on top of any criminal punishment, and government employees generally aren't personally liable for losses from a properly handled sale, except for their own fraud.

This section creates civil penalties for fraud connected to federal property deals. (a) In General. If someone uses or agrees to use a fraudulent trick, scheme, or device — in connection with the government procuring, transferring, or disposing of property under this subtitle — to obtain or help obtain money, property, or another benefit from the government, that person must either: (1) pay the government $2,000 per fraudulent act, plus double the government's damages, plus the cost of the lawsuit; or (2), if the government chooses, pay double the value of whatever the government agreed to give or receive as liquidated damages; or (3), if the government chooses instead, return the money or property fraudulently obtained, with the government keeping what it already received as liquidated damages. (b) Additional Remedies and Criminal Penalties. These civil remedies apply on top of, not instead of, any other civil remedies or criminal penalties available under other law. (c) Immunity of Government Officials. A government officer or employee is not personally liable (except for their own fraud) for a purchase price that a federal agency later determines is uncollectible, as long as the property was transferred or disposed of following this subtitle and its regulations. (d) Jurisdiction and Venue. Paragraph (1) defines "district court" to include U.S. district courts and district courts of U.S. territories or possessions. Paragraph (2) gives a district court jurisdiction over a case under this section, with proper venue there, if at least one defendant lives in or can be found in that court's district — regardless of where the fraudulent acts happened. Paragraph (3) lets the court bring in a defendant who can't be found in that district, through personal service, publication, or another method the court directs.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

In connection with the procurement, transfer or disposition of property under this subtitle, a person that uses or causes to be used, or enters into an agreement, combination, or conspiracy to use or cause to be used, a fraudulent trick, scheme, or device for the purpose of obtaining or aiding to obtain, for any person, money, property, or other benefit from the Federal Government—

(1)

shall pay to the Government an amount equal to the sum of—

(A)

$2,000 for each act;

(B)

two times the amount of damages sustained by the Government because of each act; and

(C)

the cost of suit;

(2)

if the Government elects, shall pay to the Government, as liquidated damages, an amount equal to two times the consideration that the Government agreed to give to the person, or that the person agreed to give to the Government; or

(3)

if the Government elects, shall restore to the Government the money or property fraudulently obtained, with the Government retaining as liquidated damages, the money, property, or other consideration given to the Government.

(b)Additional Remedies and Criminal Penalties.—

The civil remedies provided in this section are in addition to all other civil remedies and criminal penalties provided by law.

(c)Immunity of Government Officials.—

An officer or employee of the Government is not liable (except for an individual’s own fraud) or accountable for collection of a purchase price that is determined to be uncollectible by the federal agency responsible for property if the property is transferred or disposed of in accordance with this subtitle and with regulations prescribed under this subtitle.

(d)Jurisdiction and Venue.—
(1)Definition.—

In this subsection, the term “district court” means a district court of the United States or a district court of a territory or possession of the United States.

(2)In general.—

A district court has original jurisdiction of an action arising under this section, and venue is proper, if at least one defendant resides or may be found in the court’s judicial district. Jurisdiction and venue are determined without regard to the place where acts were committed.

(3)Additional defendant outside judicial district.—

A defendant that does not reside and may not be found in the court’s judicial district may be brought in by order of the court, to be served personally, by publication, or in another reasonable manner directed by the court.

Source credit: (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1070.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-217 · 116 Stat. 1070

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-217 on 2002-08-21.

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