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CITE

    18 USC Sec. 1001                                            01/05/2009

EXPCITE

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

HEAD

    Sec. 1001. Statements or entries generally

STATUTE

      (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, imprisoned not more than 5 years
    or, if the offense involves international or domestic terrorism (as
    defined in section 2331), imprisoned not more than 8 years, or
    both. If the matter relates to an offense under chapter 109A, 109B,
    110, or 117, or section 1591, then the term of imprisonment imposed
    under this section shall be not more than 8 years.
      (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; Pub. L. 108-458,
    title VI, Sec. 6703(a), Dec. 17, 2004, 118 Stat. 3766; Pub. L. 109-
    248, title I, Sec. 141(c), July 27, 2006, 120 Stat. 603.)

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
      2006 - Subsec. (a). Pub. L. 109-248 inserted last sentence in
    concluding provisions.
      2004 - Subsec. (a). Pub. L. 108-458 substituted "be fined under
    this title, imprisoned not more than 5 years or, if the offense
    involves international or domestic terrorism (as defined in section
    2331), imprisoned not more than 8 years, or both" for "be fined
    under this title or imprisoned not more than 5 years, or both" in
    concluding provisions.
      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 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.

MISCELLANEOUS

                       SHORT TITLE OF 2004 AMENDMENT
      Pub. L. 108-275, Sec. 1, July 15, 2004, 118 Stat. 831, provided
    that: "This Act [enacting section 1028A of this title, amending
    sections 641 and 1028 of this title, and enacting provisions listed
    in a table relating to sentencing guidelines set out as a note
    under section 994 of Title 28, Judiciary and Judicial Procedure]
    may be cited as the 'Identity Theft Penalty Enhancement Act'."
                       SHORT TITLE OF 2003 AMENDMENT
      Pub. L. 108-21, title VI, Sec. 607(a), Apr. 30, 2003, 117 Stat.
    689, provided that: "This section [amending section 1028 of this
    title] may be cited as the 'Secure Authentication Feature and
    Enhanced Identification Defense Act of 2003' or 'SAFE ID Act'."
                       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 (Secs. 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 (Secs. 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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