§ 931. Penalty for misrepresentation

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.

1. 1927

   Pub. L. 69–509 § 31 · 44 Stat. 1424

   Enacted · 33 U.S.C. § 931

   Mar. 4, 1927, ch. 509, § 31, 44 Stat. 1439

   Source evidence

   Code source credit
   Mar. 4, 1927, ch. 509, § 31, 44 Stat. 1439

2. 1984

   Longshore and Harbor Workers’ Compensation Act Amendments of 1984

   Pub. L. 98–426 § 19 · 98 Stat. 1639

   1. Amended · 33 U.S.C. § 931

      Pub. L. 98–426 designated existing provisions as subsec. (a)(1)

   2. Substituted · 33 U.S.C. § 931

      Pub. L. 98–426 substituted “Any claimant or representative of a claimant who knowingly and willfully makes a false statement or representation for the purpose of obtaining a benefit or payment under this chapter shall be guilty of a felony, and on conviction thereof shall be punished by a fine not to exceed $10,000, by imprisonment not to exceed five years, or by both” for “Any person who willfully makes any false or misleading statement or representation for the purpose of obtaining any benefit or payment under this chapter shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not to exceed $1,000 or by imprisonment of not to exceed one year, or by both such fine and imprisonment”

   3. Added · 33 U.S.C. § 931

      Pub. L. 98–426 added subsecs. (a)(2), (b), and (c)

   Source evidence

   Code amendment note
   Pub. L. 98–426 designated existing provisions as subsec. (a)(1), substituted “Any claimant or representative of a claimant who knowingly and willfully makes a false statement or representation for the purpose of obtaining a benefit or payment under this chapter shall be guilty of a felony, and on conviction thereof shall be punished by a fine not to exceed $10,000, by imprisonment not to exceed five years, or by both” for “Any person who willfully makes any false or misleading statement or representation for the purpose of obtaining any benefit or payment under this chapter shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not to exceed $1,000 or by imprisonment of not to exceed one year, or by both such fine and imprisonment”, and added subsecs. (a)(2), (b), and (c).

   Enacted provision · exact public law section
   Sec. 19. penalty for miss epresentation—prosecution of claims Section 31 is amended to read as follows: “Sec. 31. “penalty for misrepresentation—prosecution of claims (a) (1) Any claimant or representative of a claimant who knowingly and willfully makes a false statement or representation for the purpose of obtaining a benefit or payment under this Act shall be guilty of a felony, and on conviction thereof shall be punished by a fine not to exceed $10,000, by imprisonment not to exceed five years, or by both. “(2) The United States attorney for the district in which the injury is alleged to have occurred shall make every reasonable effort to promptly investigate each complaint made under this subsection. “(b) (1) No representation fee of a claimant’s representative shall be approved by the deputy commissioner, an administrative law judge, the Board, or a court pursuant to section 28 of this Act, if the 33 USC 928. claimant’s representative is on the list of individuals who are disqualified from representing claimants under this Act maintained by the Secretary pursuant to paragraph (2) of this subsection. “(2) (A) The Secretary shall annually prepare a list of those individuals in each compensation district who have represented claimants for a fee in cases under this Act and who are not authorized to represent claimants. The names of individuals contained on the list required under this subparagraph shall be made available to employees and employers in each compensation district through posting and in such other forms as the Secretary may prescribe. “(B) Individuals shall be included on the list of those not authorized to represent claimants under this Act if the Secretary determines under this section, in accordance with the procedure provided in subsection (j) of section 7 of this Act, that such individual— Post, p. 1643. “(i) has been convicted (without regard to pending appeal) of any crime in connection with the representation of a claimant under this Act or any workers’ compensation statute; “(ii) has engaged in fraud in connection with the presentation of a claim under this or any workers’ compensation statute, including, but not limited to, knowingly making false representations, concealing or attempting to conceal material facts with respect to a claim, or soliciting or otherwise procuring false testimony; “(iii) has been prohibited from representing claimants before any other workers’ compensation agency for reasons of professional misconduct which are similar in nature to those which would be grounds for disqualification under this paragraph; or “(iv) has accepted fees for representing claimants under this Act which were not approved, or which were in excess of the amount approved pursuant to section 28. 33 USC 928. “(C) Notwithstanding subparagraph (B), no individual who is on the list required to be maintained by the Secretary pursuant to this section shall be prohibited from presenting his or her own claim or from representing without fee, a claimant who is a spouse, mother, father, sister, brother, or child of such individual. “(D) A determination under subparagraph (A) shall remain in effect for a period of not less than three years and until the Secretary finds and gives notice to the public that there is reasonable assurance that the basis for the determination will not reoccur. (3) No employee shall be liable to pay a representation fee to any representative whose fee has been disallowed by reason of the operation of this paragraph. (4) The Secretary shall issue such rules and regulations as are Regulations. necessary to carry out this section. “(c) A person including, but not limited to, an employer, his duly authorized agent, or an employee of an insurance carrier who knowingly and willfully makes a false statement or representation for the purpose of reducing, denying, or terminating benefits to an 33 USC 909. injured employee, or his dependents pursuant to section 9 if the injury results in death, shall be punished by a fine not to exceed $10,000, by imprisonment not to exceed five years, or by both.”.

   Effective date note
   Amendment by Pub. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.

3 of 4 references resolved to an enrolled provision · 1 partial