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CITE

    18 USC Sec. 1040                                            01/05/2009

EXPCITE

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

HEAD

    Sec. 1040. Fraud in connection with major disaster or emergency
      benefits

STATUTE

      (a) Whoever, in a circumstance described in subsection (b) of
    this section, knowingly -
        (1) falsifies, conceals, or covers up by any trick, scheme, or
      device any material fact; or
        (2) makes any materially false, fictitious, or fraudulent
      statement or representation, or makes or uses any false writing
      or document knowing the same to contain any materially false,
      fictitious, or fraudulent statement or representation,
    in any matter involving any benefit authorized, transported,
    transmitted, transferred, disbursed, or paid in connection with a
    major disaster declaration under section 401 of the Robert T.
    Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
    5170) or an emergency declaration under section 501 of the Robert
    T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
    5191), or in connection with any procurement of property or
    services related to any emergency or major disaster declaration 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, shall be fined under this title, imprisoned not more
    than 30 years, or both.
      (b) A circumstance described in this subsection is any instance
    where -
        (1) the authorization, transportation, transmission, transfer,
      disbursement, or payment of the benefit is in or affects
      interstate or foreign commerce;
        (2) the benefit is transported in the mail at any point in the
      authorization, transportation, transmission, transfer,
      disbursement, or payment of that benefit; or
        (3) the benefit is a record, voucher, payment, money, or thing
      of value of the United States, or of any department or agency
      thereof.
      (c) In this section, the term "benefit" means any record,
    voucher, payment, money or thing of value, good, service, right, or
    privilege provided by the United States, a State or local
    government, or other entity.

SOURCE

    (Added Pub. L. 110-179, Sec. 2(a), Jan. 7, 2008, 121 Stat. 2556.)
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