18 USC § 1031 – Major fraud against the United States

18 USC § 1031 – Major fraud against the United
States

18 USC § 1031 – Major fraud against the United
States
1 US Code 2 Notes 3 Updates
Current through Pub. L. 113-31. (See Public Laws for the current
Congress.) (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 grant, contract, subcontract, subsidy, loan,
guarantee, insurance, or other form of Federal assistance, including
through the Troubled Asset Relief Program, an economic stimulus,
recovery or rescue plan provided by the Government, or the
Government’s purchase of any troubled asset as defined in the
Emergency Economic Stabilization Act of 2008, or 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
such grant, contract, subcontract, subsidy, loan, guarantee,
insurance, or other form of Federal assistance, or any constituent
part thereof, 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.

About arnierosner

As an American I advocate a republic form of government, self-reliance, and adherence to the basic philosophy of the founding fathers and the founding documents, I ONLY respect those who respect and "HONOR" their honor. No exceptions!
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2 Responses to 18 USC § 1031 – Major fraud against the United States

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