· § 1341. Frauds and swindles
· § 1342. Fictitious name or address
· § 1343. Fraud by wire, radio, or television
· § 1344. Bank fraud
· § 1345. Injunctions against fraud
· § 1346. Definition of “scheme or
artifice to defraud”
· § 1347. Health care fraud
· § 1348. Securities fraud
· § 1349. Attempt and conspiracy
· § 1350. Failure of corporate officers to
certify financial reports
· § 1351. Fraud in foreign labor contracting
§ 1341. Frauds and swindles
Whoever, having devised or intending to
devise any scheme or artifice to defraud, or for obtaining money or property by
means of false or fraudulent pretenses, representations, or promises, or to
sell, dispose of, loan, exchange, alter, give away, distribute, supply, or
furnish or procure for unlawful use any counterfeit or spurious coin,
obligation, security, or other article, or anything represented to be or
intimated or held out to be such counterfeit or spurious article, for the
purpose of executing such scheme or artifice or attempting so to do, places in
any post office or authorized depository for mail matter, any matter or thing
whatever to be sent or delivered by the Postal Service, or deposits or causes
to be deposited any matter or thing whatever to be sent or delivered by any
private or commercial interstate carrier, or takes or receives therefrom, any
such matter or thing, or knowingly causes to be delivered by mail or such
carrier according to the direction thereon, or at the place at which it is
directed to be delivered by the person to whom it is addressed, any such matter
or thing, shall be fined under this title or imprisoned not more than 20 years,
or both. If the violation occurs in relation to, or involving any benefit
authorized, transported, transmitted, transferred, disbursed, or paid in
connection with, a presidentially declared major disaster or emergency (as
those terms are defined in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122)), or affects a financial institution, such
person shall be fined not more than $1,000,000 or imprisoned not more than 30
years, or both.
§ 1342. Fictitious name or address
Whoever, for the purpose of conducting,
promoting, or carrying on by means of the Postal Service, any scheme or device
mentioned in section 1341 of
this title or any other unlawful business, uses or assumes, or requests to be
addressed by, any fictitious, false, or assumed title, name, or address or name
other than his own proper name, or takes or receives from any post office or
authorized depository of mail matter, any letter, postal card, package, or
other mail matter addressed to any such fictitious, false, or assumed title,
name, or address, or name other than his own proper name, shall be fined under
this title or imprisoned not more than five years, or both.
§ 1343. Fraud by wire, radio, or television
Whoever, having devised or intending to
devise any scheme or artifice to defraud, or for obtaining money or property by
means of false or fraudulent pretenses, representations, or promises, transmits
or causes to be transmitted by means of wire, radio, or television
communication in interstate or foreign commerce, any writings, signs, signals,
pictures, or sounds for the purpose of executing such scheme or artifice, shall
be fined under this title or imprisoned not more than 20 years, or both. If the
violation occurs in relation to, or involving any benefit authorized,
transported, transmitted, transferred, disbursed, or paid in connection with, a
presidentially declared major disaster or emergency (as those terms are defined
in section 102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122)), or affects a financial institution, such
person shall be fined not more than $1,000,000 or imprisoned not more than 30
years, or both.
§ 1344. Bank fraud
Whoever knowingly executes, or attempts to
execute, a scheme or artifice—
(2) to
obtain any of the moneys, funds, credits, assets, securities, or other property
owned by, or under the custody or control of, a financial institution, by means
of false or fraudulent pretenses, representations, or promises;
shall be fined not more than $1,000,000 or
imprisoned not more than 30 years, or both.
§ 1345. Injunctions against fraud
(A) violating or about to violate this chapter or section 287, 371 (insofar as such violation involves a conspiracy to defraud the
United States or any agency thereof), or 1001 of this title;
(B) committing or about to commit a banking law violation (as defined
in section 3322 (d) of this title); or
the Attorney
General may commence a civil action in any Federal court to enjoin such
violation.
(2) If a person is alienating or disposing of property, or intends to
alienate or dispose of property, obtained as a result of a banking law
violation (as defined in section 3322 (d) of this title) or a Federal health care offense or property which
is traceable to such violation, the Attorney General may commence a civil
action in any Federal court—
(i) prohibit any person from withdrawing, transferring, removing,
dissipating, or disposing of any such property or property of equivalent value;
and
(b) The
court shall proceed as soon as practicable to the hearing and determination of
such an action, and may, at any time before final determination, enter such a
restraining order or prohibition, or take such other action, as is warranted to
prevent a continuing and substantial injury to the United States or to any
person or class of persons for whose protection the action is brought. A
proceeding under this section is governed by the Federal Rules of Civil
Procedure, except that, if an indictment has been returned against the
respondent, discovery is governed by the Federal Rules of Criminal Procedure.
§ 1346. Definition of “scheme or artifice to defraud”
For the purposes of this chapter, the term
“scheme or artifice to defraud” includes a scheme or artifice to
deprive another of the intangible right of honest services.
§ 1347. Health care fraud
Whoever knowingly and willfully executes,
or attempts to execute, a scheme or artifice—
(1) to defraud any health care benefit program; or
(2) to obtain, by means of false or fraudulent pretenses,
representations, or promises, any of the money or property owned by, or under
the custody or control of, any health care benefit program,
in connection with the delivery of or
payment for health care benefits, items, or services, shall be fined under this
title or imprisoned not more than 10 years, or both. If the violation results
in serious bodily injury (as defined in section 1365 of
this title), such person shall be fined under this title or imprisoned not more
than 20 years, or both; and if the violation results in death, such person
shall be fined under this title, or imprisoned for any term of years or for
life, or both.
§ 1348. Securities fraud
Whoever knowingly executes, or attempts to
execute, a scheme or artifice—
(1) to defraud any person in connection with any security of an issuer
with a class of securities registered under section 12 of the Securities
Exchange Act of 1934 (15U.S.C. 78l) or that is required to file reports under
section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78o (d)); or
(2) to obtain, by means of false or fraudulent pretenses,
representations, or promises, any money or property in connection with the
purchase or sale of any security of an issuer with a class of securities
registered under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78l) or that is required to file reports under
section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78o (d));
shall be fined under this title, or
imprisoned not more than 25 years, or both.
§ 1349. Attempt and conspiracy
Any person who attempts or conspires to
commit any offense under this chapter shall be subject to the same penalties as
those prescribed for the offense, the commission of which was the object of the
attempt or conspiracy.
§ 1350. Failure of corporate officers to certify financial reports
(a) Certification of Periodic Financial Reports.— Each periodic report containing financial statements filed by an
issuer with the Securities Exchange Commission pursuant to section 13(a) or
15(d) of the Securities Exchange Act of 1934 (15U.S.C. 78m (a) or 78o (d)) shall be accompanied by a written statement
by the chief executive officer and chief financial officer (or equivalent
thereof) of the issuer.
(b) Content.— The statement required under subsection (a) shall certify that the
periodic report containing the financial statements fully complies with the
requirements of section 13(a) or 15(d) of the Securities Exchange Act pf [1] 1934 (15 U.S.C. 78m or 78o (d)) and that information contained in the
periodic report fairly presents, in all material respects, the financial
condition and results of operations of the issuer.
(1) certifies any statement as set forth in subsections (a) and (b) of
this section knowing that the periodic report accompanying the statement does
not comport with all the requirements set forth in this section shall be fined
not more than $1,000,000 or imprisoned not more than 10 years, or both; or
(2) willfully certifies any statement as set forth in subsections (a)
and (b) of this section knowing that the periodic report accompanying the
statement does not comport with all the requirements set forth in this section
shall be fined not more than $5,000,000, or imprisoned not more than 20 years,
or both.
§ 1351. Fraud in foreign labor contracting
Whoever knowingly and with intent to
defraud recruits, solicits or hires a person outside the United States for
purposes of employment in the United States by means of materially false or
fraudulent pretenses, representations or promises regarding that employment
shall be fined under this title or imprisoned for not more than 5 years, or
both.
