18-U.S.C.-287
§287 – False, Fictitious Or Fraudulent Claims
Pathway
Title 18 > Part I > Chapter 15 > Section 287
Details
- Reference: Section 287
- Legend: §287 – False, Fictitious Or Fraudulent Claims
- USCode Year: 2013
Provision Content
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.
(June 25, 1948, ch. 645, 62 Stat. 698; Pub. L. 99–562, §7, Oct. 27, 1986, 100 Stat. 3169.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §80 (Mar. 4, 1909, ch. 321, §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, §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.
[Pub. L. 99–145, title IX, §931(c), Nov. 8, 1985, 99 Stat. 699, provided that section 931(a) is applicable to claims made or presented on or after Nov. 8, 1985.]
U.S. Encyclopedia of Law Coverage
18-U.S.C.-247 in the Legal Encyclopedia: Criminal Law
In this entry about 18-U.S.C.-247, find legal reference material, bibliographies and premiere content related to criminal law in the American Encyclopedia of Law, presenting a comprehensive view of the United States criminal law-specific issues, written by authorities in the field.
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