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18 USC Sec. 1001 01/22/02
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 47 - FRAUD AND FALSE STATEMENTS
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Sec. 1001. Statements or entries generally
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(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully -
(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;
(2) makes any materially false, fictitious, or fraudulent statement or representation; or
(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;
shall be fined under this title or imprisoned not more than 5 years, or both.
(b) Subsection (a) does not apply to a party to a judicial proceeding, or that party's counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding.
(c) With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to -
(1) administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or
(2) any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 749; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104-292, Sec. 2, Oct. 11, 1996, 110 Stat. 3459.)
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HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 80 (Mar. 4, 1909, ch. 321, Sec. 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.
The provision relating to false claims was incorporated in section 287 of this title.
Reference to persons causing or procuring was omitted as unnecessary in view of definition of ''principal'' in section 2 of this title.
Words ''or any corporation in which the United States of America is a stockholder'' in said section 80 were omitted as unnecessary in view of definition of ''agency'' in section 6 of this title.
In addition to minor changes of phraseology, the maximum term of imprisonment was changed from 10 to 5 years to be consistent with comparable sections. (See reviser's note under section 287 of this title.)
AMENDMENTS
1996 - Pub. L. 104-292 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: ''Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined under this title or imprisoned not more than five years, or both.''
1994 - Pub. L. 103-322 substituted ''fined under this title'' for ''fined not more than $10,000''.
-CHANGE
CHANGE OF NAME
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
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SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106-578, Sec. 1, Dec. 28, 2000, 114 Stat. 3075, provided that: ''This Act (amending section 1028 of this title, repealing section 1738 of this title, and enacting provisions set out as notes under section 1028 of this title) may be cited as the 'Internet False Identification Prevention Act of 2000'.''
SHORT TITLE OF 1998 AMENDMENTS
Pub. L. 105-318, Sec. 1, Oct. 30, 1998, 112 Stat. 3007, provided that: ''This Act (amending sections 982, 1028, and 2516 of this title and section 105 of the Ethics in Government Act of 1978, Pub. L. 95-521, set out in the Appendix to Title 5, Government Organization and Employees, and enacting provisions set out as notes under section 1028 of this title and section 994 of Title 28, Judiciary and Judicial Procedure) may be cited as the 'Identity Theft and Assumption Deterrence Act of 1998'.''
Pub. L. 105-172, Sec. 1, Apr. 24, 1998, 112 Stat. 53, provided that: ''This Act (amending section 1029 of this title and enacting provisions set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure) may be cited as the 'Wireless Telephone Protection Act'.''
SHORT TITLE OF 1996 AMENDMENT
Section 1 of Pub. L. 104-292 provided that: ''This Act (amending this section, sections 1515 and 6005 of this title, and section 1365 of Title 28, Judiciary and Judicial Procedure) may be cited as the 'False Statements Accountability Act of 1996'.''
SHORT TITLE OF 1994 AMENDMENT
Section 290001(a) of Pub. L. 103-322, as amended by Pub. L. 104-294, title VI, Sec. 604(b)(34), Oct. 11, 1996, 110 Stat. 3508, provided that: ''This section (amending section 1030 of this title) may be cited as the 'Computer Abuse Amendments Act of 1994'.''
SHORT TITLE OF 1990 AMENDMENT
Pub. L. 101-647, title XXV, Sec. 2500, Nov. 29, 1990, 104 Stat. 4859, provided that: ''This title (see Tables for classification) may be cited as the 'Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990'.''
SHORT TITLE OF 1989 AMENDMENT
Pub. L. 101-123, Sec. 1, Oct. 23, 1989, 103 Stat. 759, provided that: ''This Act (amending section 1031 of this title, repealing section 293 of this title, enacting provisions set out as notes under sections 293 and 1031 of this title, and repealing provisions set out as a note under section 293 of this title) may be cited as the 'Major Fraud Act Amendments of 1989'.''
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100-700, Sec. 1, Nov. 19, 1988, 102 Stat. 4631, provided that: ''This Act (enacting sections 293 and 1031 of this title and section 256 of Title 41, Public Contracts, amending section 2324 of Title 10, Armed Forces, and section 3730 of Title 31, Money and Finance, enacting provisions set out as notes under sections 293 and 1031 of this title, section 2324 of Title 10, and section 522 of Title 28, Judiciary and Judicial Procedure, and repealing provisions set out as a note under section 2324 of Title 10) may be cited as the 'Major Fraud Act of 1988'.''
SHORT TITLE OF 1986 AMENDMENT
Pub. L. 99-474, Sec. 1, Oct. 16, 1986, 100 Stat. 1213, provided that: ''This Act (amending section 1030 of this title) may be cited as the 'Computer Fraud and Abuse Act of 1986'.''
SHORT TITLE OF 1984 AMENDMENT
Pub. L. 98-473, title II, Sec. 1601, Oct. 12, 1984, 98 Stat. 2183, provided that: ''This chapter (chapter XVI (Sec. 1601-1603) of title II of Pub. L. 98-473, enacting section 1029 of this title and provisions set out as a note under section 1029 of this title) may be cited as the 'Credit Card Fraud Act of 1984'.''
Pub. L. 98-473, title II, Sec. 2101, Oct. 12, 1984, 98 Stat. 2190, provided that: ''This chapter (chapter XXI (Sec. 2101-2103) of title II of Pub. L. 98-473, enacting section 1030 of this title and provisions set out as a note under section 1030 of this title) may be cited as the 'Counterfeit Access Device and Computer Fraud and Abuse Act of 1984'.''
SHORT TITLE OF 1982 AMENDMENT
Section 1 of Pub. L. 97-398 provided: ''That this Act (enacting sections 1028 and 1738 of this title and amending section 3001 of Title 39, Postal Service) may be cited as the 'False Identification Crime Control Act of 1982'.''
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 14, 24, 981, 982, 1345, 3059A of this title; title 2 section 437g; title 7 sections 12a, 136h, 511r, 1314i, 5662, 6519; title 8 section 1324a; title 12 section 1833a; title 15 sections 637, 657a, 6003; title 17 section 1312; title 19 sections 2515, 3391, 3432; title 22 sections 1623, 3622; title 35 section 25; title 40 section 276c; title 42 sections 2000b-3, 2000c-6, 3795a; title 43 section 1212; title 49 sections 5307, 30170.
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18 USC Sec. 1016 01/22/02
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 47 - FRAUD AND FALSE STATEMENTS
-HEAD
Sec. 1016. Acknowledgment of appearance or oath
-STATUTE
Whoever, being an officer authorized to administer oaths or to take and certify acknowledgments, knowingly makes any false acknowledgment, certificate, or statement concerning the appearance before him or the taking of an oath or affirmation by any person with respect to any proposal, contract, bond, undertaking, or other matter submitted to, made with, or taken on behalf of the United States or any department or agency thereof, concerning which an oath or affirmation is required by law or lawful regulation, or with respect to the financial standing of any principal, surety, or other party to any such proposal, contract, bond, undertaking, or other instrument, shall be fined under this title or imprisoned not more than two years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 753; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.)
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HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 75 (Mar. 4, 1909, ch. 321, Sec. 31, 35 Stat. 1094).
Words ''or of any department or agency thereof'' were inserted after ''United States'' so as to remove any ambiguity as to scope of section. (See definitions of ''department'' and ''agency'' in section 6 of this title.)
AMENDMENTS
1994 - Pub. L. 103-322 substituted ''fined under this title'' for ''fined not more than $2,000''.
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18 USC Sec. 1017 01/22/02
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 47 - FRAUD AND FALSE STATEMENTS
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Sec. 1017. Government seals wrongfully used and instruments wrongfully sealed
-STATUTE
Whoever fraudulently or wrongfully affixes or impresses the seal of any department or agency of the United States, to or upon any certificate, instrument, commission, document, or paper or with knowledge of its fraudulent character, with wrongful or fraudulent intent, uses, buys, procures, sells, or transfers to another any such certificate, instrument, commission, document, or paper, to which or upon which said seal has been so fraudulently affixed or impressed, shall be fined under this title or imprisoned not more than five years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 753; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)
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HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 130 (June 15, 1917, ch. 30, title X, Sec. 1, 40 Stat. 227).
To clarify scope of section and in view of definition of department or agency in section 6 of this title, words ''department or agency'' were substituted for ''executive department, or of any bureau, commission, or office''.
Slight verbal changes were also made.
AMENDMENTS
1994 - Pub. L. 103-322 substituted ''fined under this title'' for ''fined not more than $5,000''.
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 14, 1717 of this title.
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18 USC Sec. 1018 01/22/02
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 47 - FRAUD AND FALSE STATEMENTS
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Sec. 1018. Official certificates or writings
-STATUTE
Whoever, being a public officer or other person authorized by any law of the United States to make or give a certificate or other writing, knowingly makes and delivers as true such a certificate or writing, containing any statement which he knows to be false, in a case where the punishment thereof is not elsewhere expressly provided by law, shall be fined under this title or imprisoned not more than one year, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 753; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)
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HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 195 (Mar. 4, 1909, ch. 321, Sec. 106, 35 Stat. 1107).
Minor changes were made in phraseology.
AMENDMENTS
1994 - Pub. L. 103-322 substituted ''fined under this title'' for ''fined not more than $500''.
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18 USC Sec. 1021 01/22/02
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 47 - FRAUD AND FALSE STATEMENTS
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Sec. 1021. Title records
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Whoever, being an officer or other person authorized by any law of the United States to record a conveyance of real property or any other instrument which by such law may be recorded, knowingly certifies falsely that such conveyance or instrument has or has not been recorded, shall be fined under this title or imprisoned not more than five years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 754; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
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HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 194 (Mar. 4, 1909, ch. 321, Sec. 105, 35 Stat. 1107).
Words ''five years'' were substituted for ''seven years'' as more in conformity with comparable sections of this chapter.
Minor change was made in phraseology.
AMENDMENTS
1994 - Pub. L. 103-322 substituted ''fined under this title'' for ''fined not more than $1,000''.
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18 USC Sec. 1025 01/22/02
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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 47 - FRAUD AND FALSE STATEMENTS
-HEAD
Sec. 1025. False pretenses on high seas and other waters
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Whoever, upon any waters or vessel within the special maritime and territorial jurisdiction of the United States, by any fraud, or false pretense, obtains from any person anything of value, or procures the execution and delivery of any instrument of writing or conveyance of real or personal property, or the signature of any person, as maker, endorser, or guarantor, to or upon any bond, bill, receipt, promissory note, draft, or check, or any other evidence of indebtedness, or fraudulently sells, barters, or disposes of any bond, bill, receipt, promissory note, draft, or check, or other evidence of indebtedness, for value, knowing the same to be worthless, or knowing the signature of the maker, endorser, or guarantor thereof to have been obtained by any false pretenses, shall be fined under this title or imprisoned not more than five years, or both; but if the amount, value or the face value of anything so obtained does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 755; May 24, 1949, ch. 139, Sec. 22, 63 Stat. 92; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), (K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104-294, title VI, Sec. 606(a), Oct. 11, 1996, 110 Stat. 3511.)
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HISTORICAL AND REVISION NOTES
1948 ACT
Based on title 18, U.S.C., 1940 ed., Sec. 467a (Mar. 4, 1909, ch. 321, Sec. 288A, as added Aug. 5, 1939, ch. 434, 53 Stat. 1205).
Words ''upon any waters or vessel within the special maritime and territorial jurisdiction of the United States'' were substituted for ''upon the high seas or on any waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State, or within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State on board any vessel belonging in whole or in part to the United States or any citizen thereof or to any corporation created by or under the laws of the United States, or of any State, Territory, or District thereof'', near beginning of section. The deleted words are not necessary in view of definitive section 7 of this title.
Words ''whatsoever with intent to defraud'' were omitted as being included in the preceding term ''false pretenses''.
The punishment provision was revised to include a misdemeanor punishment (not more than $1,000 or one year, or both) where the offense involves $100 or less. (See reviser's notes under sections 641 and 645 of this title.)
1949 ACT
This section (section 22) corrects a typographical error in section 1025 of title 18, U.S.C.
AMENDMENTS
1996 - Pub. L. 104-294 substituted ''$1,000'' for ''$100''.
1994 - Pub. L. 103-322 substituted ''fined under this title'' for ''fined not more than $5,000'' after ''pretenses, shall be'' and for ''fined not more than $1,000'' after ''he shall be''.
1949 - Act May 24, 1949, corrected spelling of ''pretense''.