18 USC Sec. 287 01/05/2009
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 15 - CLAIMS AND SERVICES IN MATTERS AFFECTING GOVERNMENT
Sec. 287. False, fictitious or fraudulent claims
Whoever makes or presents to any person or officer in the civil,
military, or naval service of the United States, or to any
department or agency thereof, any claim upon or against the United
States, or any department or agency thereof, knowing such claim to
be false, fictitious, or fraudulent, shall be imprisoned not more
than five years and shall be subject to a fine in the amount
provided in this title.
(June 25, 1948, ch. 645, 62 Stat. 698; Pub. L. 99-562, Sec. 7, Oct.
27, 1986, 100 Stat. 3169.)
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
Section 80 of title 18, U.S.C., 1940 ed., was divided into two
parts. That portion making it a crime to present false claims was
retained as this section. The part relating to false statements is
now section 1001 of this title.
To clarify meaning of "department" words "agency" and "or agency"
were inserted after it. (See definitions of "department" and
"agency" in section 6 of this title.)
Words "or any corporation in which the United States of America
is a stockholder" which appeared in two places were omitted as
unnecessary in view of definition of "agency" in section 6 of this
The words "five years" were substituted for "ten years" to
harmonize the punishment provisions of comparable sections
involving offenses of the gravity of felonies, but not of such
heinous character as to warrant a 10-year punishment. (See sections
914, 1001, 1002, 1005, 1006 of this title.)
Reference to persons causing or procuring was omitted as
unnecessary in view of definition of "principal" in section 2 of
Minor changes in phraseology were made.
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".
INCREASED PENALTIES FOR FALSE CLAIMS IN DEFENSE PROCUREMENT
Pub. L. 99-145, title IX, Sec. 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 fraudulent, is
[Section 931(c) of Pub. L. 99-145 provided that section 931(a) is
applicable to claims made or presented on or after Nov. 8, 1985.]