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4 Convictions
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CITE

    18 USC Sec. 1031                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 47 - FRAUD AND FALSE STATEMENTS

HEAD

    Sec. 1031. Major fraud against the United States

STATUTE

      (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 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 the contract, subcontract, or any constituent part
    thereof, for such property or services 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

    (Added Pub. L. 100-700, Sec. 2(a), Nov. 19, 1988, 102 Stat. 4631;
    amended Pub. L. 101-123, Sec. 2(a), Oct. 23, 1989, 103 Stat. 759;
    Pub. L. 103-322, title XXXIII, Sec. 330002(a), (f), Sept. 13, 1994,
    108 Stat. 2140.)

AMENDMENTS

      1994 - Subsec. (g). Pub. L. 103-322, Sec. 330002(f), redesignated
    second subsec. (g) as (h).
      Subsec. (g)(2)(A). Pub. L. 103-322, Sec. 330002(a), substituted
    "a Government" for "a government".
      Subsec. (h). Pub. L. 103-322, Sec. 330002(f), redesignated second
    subsec. (g) as (h).
      1989 - Subsec. (g). Pub. L. 101-123 added, after subsec. (f),
    subsec. (g) relating to payments by the Attorney General.
                     EFFECTIVE DATE OF 1989 AMENDMENT
      Section 2(b) of Pub. L. 101-123 provided that: "The amendment
    made by this section [amending this section] shall apply to
    contracts entered into on or after the date of the enactment of
    this Act [Oct. 23, 1989]."
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