Title 18 — Crimes and Criminal Procedure
Part I · Chapter 47 — Fraud and False Statements
§ 1040. Fraud in connection with major disaster or emergency benefits
Statutory text
Whoever, in a circumstance described in subsection (b) of this section, knowingly—
falsifies, conceals, or covers up by any trick, scheme, or device any material fact; or
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.
A circumstance described in this subsection is any instance where—
the authorization, transportation, transmission, transfer, disbursement, or payment of the benefit is in or affects interstate or foreign commerce;
the benefit is transported in the mail at any point in the authorization, transportation, transmission, transfer, disbursement, or payment of that benefit; or
the benefit is a record, voucher, payment, money, or thing of value of the United States, or of any department or agency thereof.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Emergency and Disaster Assistance Fraud Penalty Enhancement Act of 2007
Pub. L. 110–179 § 2(a) · 121 Stat. 2556
Enacted · 18 U.S.C. § 1040
(Added Pub. L. 110–179, § 2(a), Jan. 7, 2008, 121 Stat. 2556.)
Source evidence
Code source credit
(Added Pub. L. 110–179, § 2(a), Jan. 7, 2008, 121 Stat. 2556.)Enacted provision · exact public law section
(a) In General.— Chapter 47 of title 18, United States Code, is amended by adding at the end the following: “§ 1040. Fraud in connection with major disaster or emergency benefits “(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.” .
1 of 1 references resolved to an enrolled provision
Credits
(Added Pub. L. 110–179, § 2(a), , 121 Stat. 2556.)