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CITE

    18 USC Sec. 287                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 15 - CLAIMS AND SERVICES IN MATTERS AFFECTING GOVERNMENT

HEAD

    Sec. 287. False, fictitious or fraudulent claims

STATUTE

      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.

SOURCE

    (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
    Stat. 197).
      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
    title.
      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
    this title.
      Minor changes in phraseology were made.
                                AMENDMENTS
      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
    $1,000,000."
      [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.]
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