Sunday, November 22, 2020

Select Federal Laws on Fraud related to COVID-19 and Election Fraud

 

18 U.S. Code § 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.
(Added Pub. L. 110–179, § 2(a)Jan. 7, 2008121 Stat. 2556.)

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18 U.S. Code § 1038.False information and hoaxes

(a)Criminal Violation.—
(1)In general.—Whoever engages in any conduct with intent to convey false or misleading information under circumstances where such information may reasonably be believed and where such information indicates that an activity has taken, is taking, or will take place that would constitute a violation of chapter 21011B394044111, or 113B of this title, section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), or section 46502, the second sentence of section 46504, section 46505(b)(3) or (c), section 46506 if homicide or attempted homicide is involved, or section 60123(b) of title 49, shall—
(A)
be fined under this title or imprisoned not more than 5 years, or both;
(B)
if serious bodily injury results, be fined under this title or imprisoned not more than 20 years, or both; and
(C)
if death results, be fined under this title or imprisoned for any number of years up to life, or both.
(2)Armed forces.—Any person who makes a false statement, with intent to convey false or misleading information, about the death, injury, capture, or disappearance of a member of the Armed Forces of the United States during a war or armed conflict in which the United States is engaged—
(A)
shall be fined under this title, imprisoned not more than 5 years, or both;
(B)
if serious bodily injury results, shall be fined under this title, imprisoned not more than 20 years, or both; and
(C)
if death results, shall be fined under this title, imprisoned for any number of years or for life, or both.
(b)Civil Action.—
Whoever engages in any conduct with intent to convey false or misleading information under circumstances where such information may reasonably be believed and where such information indicates that an activity has taken, is taking, or will take place that would constitute a violation of chapter 21011B394044111, or 113B of this title, section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), or section 46502, the second sentence of section 46504, section 46505 (b)(3) or (c), section 46506 if homicide or attempted homicide is involved, or section 60123(b) of title 49 is liable in a civil action to any party incurring expenses incident to any emergency or investigative response to that conduct, for those expenses.
(c)Reimbursement.—
(1)In general.—
The court, in imposing a sentence on a defendant who has been convicted of an offense under subsection (a), shall order the defendant to reimburse any state or local government, or private not-for-profit organization that provides fire or rescue service incurring expenses incident to any emergency or investigative response to that conduct, for those expenses.
(2)Liability.—
A person ordered to make reimbursement under this subsection shall be jointly and severally liable for such expenses with each other person, if any, who is ordered to make reimbursement under this subsection for the same expenses.
(3)Civil judgment.—
An order of reimbursement under this subsection shall, for the purposes of enforcement, be treated as a civil judgment.
(d)Activities of Law Enforcement.—
This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or political subdivision of a State, or of an intelligence agency of the United States.

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