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CITE

    15 USC Sec. 645                                             01/05/2009

EXPCITE

    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 14A - AID TO SMALL BUSINESS

HEAD

    Sec. 645. Offenses and penalties

STATUTE

    (a) False statements; overvaluation of securities
      Whoever makes any statement knowing it to be false, or whoever
    willfully overvalues any security, for the purpose of obtaining for
    himself or for any applicant any loan, or extension thereof by
    renewal, deferment of action, or otherwise, or the acceptance,
    release, or substitution of security therefor, or for the purpose
    of influencing in any way the action of the Administration, or for
    the purpose of obtaining money, property, or anything of value,
    under this chapter, shall be punished by a fine of not more than
    $5,000 or by imprisonment for not more than two years, or both.
    (b) Embezzlement, etc.
      Whoever, being connected in any capacity with the Administration,
    (1) embezzles, abstracts, purloins, or willfully misapplies any
    moneys, funds, securities, or other things of value, whether
    belonging to it or pledged or otherwise entrusted to it, or (2)
    with intent to defraud the Administration or any other body politic
    or corporate, or any individual, or to deceive any officer,
    auditor, or examiner of the Administration, makes any false entry
    in any book, report, or statement of or to the Administration, or,
    without being duly authorized, draws any order or issues, puts
    forth, or assigns any note, debenture, bond, or other obligation,
    or draft, bill of exchange, mortgage, judgment, or decree thereof,
    or (3) with intent to defraud participates or shares in or receives
    directly or indirectly any money, profit, property, or benefit
    through any transaction, loan, commission, contract, or any other
    act of the Administration, or (4) gives any unauthorized
    information concerning any future action or plan of the
    Administration which might affect the value of securities, or,
    having such knowledge, invests or speculates, directly or
    indirectly, in the securities or property of any company or
    corporation receiving loans or other assistance from the
    Administration, shall be punished by a fine of not more than
    $10,000 or by imprisonment for not more than five years, or both.
    (c) Concealment, etc.
      Whoever, with intent to defraud, knowingly conceals, removes,
    disposes of, or converts to his own use or to that of another, any
    property mortgaged or pledged to, or held by, the Administration,
    shall be fined not more than $5,000 or imprisoned not more than
    five years, or both; but if the value of such property does not
    exceed $100, he shall be fined not more than $1,000 or imprisoned
    not more than one year, or both.
    (d) Misrepresentation, etc.
      (1) Whoever misrepresents the status of any concern or person as
    a "small business concern", a "qualified HUBZone small business
    concern", a "small business concern owned and controlled by
    socially and economically disadvantaged individuals", or a "small
    business concern owned and controlled by women", in order to obtain
    for oneself or another any -
        (A) prime contract to be awarded pursuant to section 638, 644,
      or 657a of this title;
        (B) subcontract to be awarded pursuant to section 637(a) of
      this title;
        (C) subcontract that is to be included as part or all of a goal
      contained in a subcontracting plan required pursuant to section
      637(d) of this title; or
        (D) prime or subcontract to be awarded as a result, or in
      furtherance, of any other provision of Federal law that
      specifically references section 637(d) of this title for a
      definition of program eligibility,(!1) shall be subject to the
      penalties and remedies described in paragraph (2).
      (2) Any person who violates paragraph (1) shall -
        (A) be punished by a fine of not more than $500,000 or by
      imprisonment for not more than 10 years, or both;
        (B) be subject to the administrative remedies prescribed by the
      Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801-3812);
        (C) be subject to suspension and debarment as specified in
      subpart 9.4 of title 48, Code of Federal Regulations (or any
      successor regulation) on the basis that such misrepresentation
      indicates a lack of business integrity that seriously and
      directly affects the present responsibility to perform any
      contract awarded by the Federal Government or a subcontract under
      such a contract; and
        (D) be ineligible for participation in any program or activity
      conducted under the authority of this chapter or the Small
      Business Investment Act of 1958 (15 U.S.C. 661 et seq.) for a
      period not to exceed 3 years.
    (e) Representations under subsection (d) of this section to be in
      writing
      Any representation of the status of any concern or person as a
    "small business concern", a "HUBZone small business concern", a
    "small business concern owned and controlled by socially and
    economically disadvantaged individuals", or a "small business
    concern owned and controlled by women" in order to obtain any prime
    contract or subcontract enumerated in subsection (d) of this
    section shall be in writing.
    (f) Misrepresentation of compliance with section 636(j)(10)(I)
      Whoever falsely certifies past compliance with the requirements
    of section 636(j)(10)(I) of this title shall be subject to the
    penalties prescribed in subsection (d) of this section.

SOURCE

    (Pub. L. 85-536, Sec. 2[16], July 18, 1958, 72 Stat. 395; Pub. L.
    88-264, Sec. 2, Feb. 5, 1964, 78 Stat. 8; Pub. L. 99-272, title
    XVIII, Sec. 18009, Apr. 7, 1986, 100 Stat. 368; Pub. L. 100-656,
    title IV, Sec. 405, Nov. 15, 1988, 102 Stat. 3875; Pub. L. 103-355,
    title VII, Sec. 7106(c), Oct. 13, 1994, 108 Stat. 3376; Pub. L. 105-
    85, div. A, title X, Sec. 1073(g)(4), Nov. 18, 1997, 111 Stat.
    1906; Pub. L. 105-135, title VI, Sec. 603(c), Dec. 2, 1997, 111
    Stat. 2632.)

REFERENCES IN TEXT

      The Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801-
    3812), referred to in subsec. (d)(2)(B), is subtitle B of title VI
    of Pub. L. 99-509, Oct. 21, 1986, 100 Stat. 1934, as amended, which
    is classified generally to chapter 38 (Sec. 3801 et seq.) of Title
    31, Money and Finance. For complete classification of this Act to
    the Code, see Short Title note set out under section 3801 of Title
    31 and Tables.
      The Small Business Investment Act of 1958, referred to in subsec.
    (d)(2)(D), is Pub. L. 85-699, Aug. 21, 1958, 72 Stat. 689, as
    amended, which is classified principally to chapter 14B (Sec. 661
    et seq.) of this title. For complete classification of this Act to
    the Code, see Short Title note set out under section 661 of this
    title and Tables.

PRIOR PROVISIONS

      Prior similar provisions were contained in section 209 of act
    July 30, 1953, ch. 282, title II, 67 Stat. 237, which was
    previously classified to section 638 of this title. The provisions
    of section 216 of act July 30, 1953, formerly classified to this
    section, were transferred to section 2[8] of Pub. L. 85-536, which
    was classified to section 637(c) of this title prior to repeal by
    Pub. L. 102-191. See section 656 of this title.
                                AMENDMENTS
      1997 - Subsec. (d)(1). Pub. L. 105-135, Sec. 603(c)(1)(A),
    inserted ", a 'qualified HUBZone small business concern'," after "
    'small business concern',".
      Pub. L. 105-85 substituted "concern owned and controlled by
    women" for "concerns owned and controlled by women".
      Subsec. (d)(1)(A). Pub. L. 105-135, Sec. 603(c)(1)(B),
    substituted "section 638, 644, or 657a" for "section 638 or 644".
      Subsec. (e). Pub. L. 105-135, Sec. 603(c)(2), inserted ", a
    'HUBZone small business concern'," after " 'small business
    concern',".
      Pub. L. 105-85 substituted "concern owned and controlled by
    women" for "concerns owned and controlled by women".
      1994 - Subsec. (d)(1). Pub. L. 103-355, Sec. 7106(c)(1),
    substituted ", a 'small business concern owned and controlled by
    socially and economically disadvantaged individuals', or a 'small
    business concerns owned and controlled by women' " for "or 'small
    business concern owned and controlled by socially and economically
    disadvantaged individuals' ".
      Subsec. (e). Pub. L. 103-355, Sec. 7106(c)(2), substituted ", a
    'small business concern owned and controlled by socially and
    economically disadvantaged individuals', or a 'small business
    concerns owned and controlled by women' " for "or 'small business
    concern owned and controlled by socially and economically
    disadvantaged individuals' ".
      1988 - Subsec. (d). Pub. L. 100-656, Sec. 405(a), amended subsec.
    (d) generally, designating existing provisions as par. (1),
    redesignating former pars. (1) to (4) as subpars. (A) to (D),
    respectively, and in subpar. (D), substituting "subject to the
    penalties and remedies described in paragraph (2)" for "punished by
    a fine of not more than $50,000 or by imprisonment for not more
    than five years, or both", and adding par. (2).
      Subsec. (f). Pub. L. 100-656, Sec. 405(b), added subsec. (f).
      1986 - Subsecs. (d), (e). Pub. L. 99-272 added subsecs. (d) and
    (e).
      1964 - Subsec. (c). Pub. L. 88-264 added subsec. (c).
                     EFFECTIVE DATE OF 1997 AMENDMENT
      Amendment by Pub. L. 105-135 effective Oct. 1, 1997, see section
    3 of Pub. L. 105-135, set out as a note under section 631 of this
    title.
                     EFFECTIVE DATE OF 1994 AMENDMENT
      For effective date and applicability of amendment by Pub. L. 103-
    355, see section 10001 of Pub. L. 103-355, set out as a note under
    section 251 of Title 41, Public Contracts.

FOOTNOTE

    (!1) So in original. Following provision probably should be set
         flush with par. (1).
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