Title 18 — Crimes and Criminal Procedure — § 1001. Statements or entries generally
Summary
This page of the U.S. Code prints 18 U.S.C. section 1001, Statements or entries generally, with the chapter's section list before it and sections 1002 through 1004 after its notes. Its subsection (a) covers whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch, knowingly and willfully falsifies or covers up a material fact, makes a materially false statement, or makes or uses a false writing. The penalty is a fine under this title, imprisonment of not more than 5 years or, if the offense involves international or domestic terrorism, not more than 8 years, or both. Subsection (b) says subsection (a) does not apply to a party to a judicial proceeding, or that party's counsel, for statements submitted to the judge or magistrate in that proceeding.
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§ 1001 TITLE 18—CRIMES AND CRIMINAL PROCEDURE Page 296
1028A. Aggravated identity theft. ment’’ in item 1010, and substituted the same for ‘‘Pub-
1029. Fraud and related activity in connection with lic Housing Administration’’ in item 1012.
access devices. 1962—Pub. L. 87–420, § 17(d), Mar. 20, 1962, 76 Stat. 42,
1030. Fraud and related activity in connection with added item 1027.
computers. 1951—Act Oct. 31, 1951, ch. 655, § 25, 65 Stat. 720, sub-
1031. Major fraud against the United States. stituted ‘‘Public Housing Administration’’ for ‘‘United
1032. Concealment of assets from conservator, re- States Housing Authority’’ in item 1012.
ceiver, or liquidating agent of financial in- 1949—Act May 24, 1949, ch. 139, §§ 18, 19, 63 Stat. 92,
stitution.2 corrected spelling in item 1012 and substituted ‘‘offi-
1033. Crimes by or affecting persons engaged in the cers’’ for ‘‘offices’’ in item 1019.
business of insurance whose activities af-
fect interstate commerce. § 1001. Statements or entries generally
1034. Civil penalties and injunctions for violations
(a) Except as otherwise provided in this sec-
of section 1033.
1035. False statements relating to health care mat- tion, whoever, in any matter within the jurisdic-
ters. tion of the executive, legislative, or judicial
1036. Entry by false pretenses to any real property, branch of the Government of the United States,
vessel, or aircraft of the United States or knowingly and willfully—
secure area of any airport or seaport. (1) falsifies, conceals, or covers up by any
1037. Fraud and related activity in connection with trick, scheme, or device a material fact;
electronic mail. (2) makes any materially false, fictitious, or
1038. False information and hoaxes.
1039. Fraud and related activity in connection with
fraudulent statement or representation; or
obtaining confidential phone records infor- (3) makes or uses any false writing or docu-
mation of a covered entity. ment knowing the same to contain any mate-
1040. Fraud in connection with major disaster or rially false, fictitious, or fraudulent statement
emergency benefits. or entry;
Editorial Notes
shall be fined under this title, imprisoned not
more than 5 years or, if the offense involves
AMENDMENTS international or domestic terrorism (as defined
2008—Pub. L. 110–179, § 2(b), Jan. 7, 2008, 121 Stat. 2557, in section 2331), imprisoned not more than 8
added item 1040. years, or both. If the matter relates to an of-
2007—Pub. L. 109–476, § 3(b), Jan. 12, 2007, 120 Stat. fense under chapter 109A, 109B, 110, or 117, or
3571, added item 1039. section 1591, then the term of imprisonment im-
2006—Pub. L. 109–177, title III, § 302(b), Mar. 9, 2006, 120
posed under this section shall be not more than
Stat. 233, inserted ‘‘or seaport’’ at end of item 1036.
2004—Pub. L. 108–458, title VI, § 6702(b), Dec. 17, 2004, 8 years.
118 Stat. 3766, added item 1038. (b) Subsection (a) does not apply to a party to
Pub. L. 108–275, § 2(b), July 15, 2004, 118 Stat. 832, added a judicial proceeding, or that party’s counsel,
item 1028A. for statements, representations, writings or doc-
2003—Pub. L. 108–187, § 4(a)(2), Dec. 16, 2003, 117 Stat. uments submitted by such party or counsel to a
2705, added item 1037. judge or magistrate in that proceeding.
2000—Pub. L. 106–547, § 2(b), Dec. 19, 2000, 114 Stat. (c) With respect to any matter within the ju-
2739, added item 1036.
1998—Pub. L. 105–318, § 3(h)(2), Oct. 30, 1998, 112 Stat.
risdiction of the legislative branch, subsection
3009, inserted ‘‘and information’’ at end of item 1028. (a) shall apply only to—
1996—Pub. L. 104–294, title VI, § 601(f)(8), Oct. 11, 1996, (1) administrative matters, including a
110 Stat. 3500, substituted ‘‘veteran’s facilities’’ for claim for payment, a matter related to the
‘‘veterans’ facilities’’ in item 1024. procurement of property or services, personnel
Pub. L. 104–191, title II, § 244(b), Aug. 21, 1996, 110 Stat. or employment practices, or support services,
2017, added item 1035. or a document required by law, rule, or regula-
1994—Pub. L. 103–322, title XXXII, § 320603(b), Sept. 13,
tion to be submitted to the Congress or any of-
1994, 108 Stat. 2118, added items 1033 and 1034.
1990—Pub. L. 101–647, title XXV, § 2501(b), title XXXV, fice or officer within the legislative branch; or
§ 3532, Nov. 29, 1990, 104 Stat. 4860, 4925, inserted a period (2) any investigation or review, conducted
after ‘‘1031’’ and added item 1032. pursuant to the authority of any committee,
1989—Pub. L. 101–73, title IX, §§ 961(g)(2), 962(a)(4), subcommittee, commission or office of the
Aug. 9, 1989, 103 Stat. 500, 502, struck out item 1008 Congress, consistent with applicable rules of
‘‘Federal Savings and Loan Insurance Corporation the House or Senate.
transactions’’ and item 1009 ‘‘Rumors regarding Federal
Savings and Loan Insurance Corporation’’. (June 25, 1948, ch. 645, 62 Stat. 749; Pub. L.
1988—Pub. L. 100–700, § 2(c), Nov. 19, 1988, 102 Stat. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994,
4632, added item 1031. 108 Stat. 2147; Pub. L. 104–292, § 2, Oct. 11, 1996,
1984—Pub. L. 98–473, title II, §§ 1602(b), 2102(b), Oct. 12, 110 Stat. 3459; Pub. L. 108–458, title VI, § 6703(a),
1984, 98 Stat. 2184, 2192, added items 1029 and 1030. Dec. 17, 2004, 118 Stat. 3766; Pub. L. 109–248, title
1982—Pub. L. 97–398, § 3, Dec. 31, 1982, 96 Stat. 2010,
I, § 141(c), July 27, 2006, 120 Stat. 603.)
added item 1028.
1974—Pub. L. 93–406, title I, § 112(a)(2)(B)(iii), formerly HISTORICAL AND REVISION NOTES
§ 111(a)(2)(B)(iii), Sept. 2, 1974, 88 Stat. 852, renumbered
Based on title 18, U.S.C., 1940 ed., § 80 (Mar. 4, 1909, ch.
§ 112(a)(2)(B)(iii), Pub. L. 117–328, div. T, title III,
321, § 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015;
§ 320(a)(1), Dec. 29, 2022, 136 Stat. 5354, substituted ‘‘Em-
June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52
ployee Retirement Income Security Act of 1974’’ for
Stat. 197).
‘‘Welfare and Pension Plans Disclosure Act’’ in item Section 80 of title 18, U.S.C., 1940 ed., was divided into
1027. two parts.
1967—Pub. L. 90–19, § 24(e), May 25, 1967, 81 Stat. 28, in- The provision relating to false claims was incor-
cluded ‘‘Department of Housing and Urban Develop- porated in section 287 of this title.
Reference to persons causing or procuring was omit-
2 Section catchline amended by Pub. L. 111–203 without cor- ted as unnecessary in view of definition of ‘‘principal’’
responding amendment of chapter analysis. in section 2 of this title.
Page 297 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1001
Words ‘‘or any corporation in which the United diciary and Judicial Procedure] may be cited as the
States of America is a stockholder’’ in said section 80 ‘Identity Theft and Assumption Deterrence Act of
were omitted as unnecessary in view of definition of 1998’.’’
‘‘agency’’ in section 6 of this title. Pub. L. 105–172, § 1, Apr. 24, 1998, 112 Stat. 53, provided
In addition to minor changes of phraseology, the that: ‘‘This Act [amending section 1029 of this title and
maximum term of imprisonment was changed from 10 enacting provisions set out as a note under section 994
to 5 years to be consistent with comparable sections. of Title 28, Judiciary and Judicial Procedure] may be
(See reviser’s note under section 287 of this title.) cited as the ‘Wireless Telephone Protection Act’.’’
SHORT TITLE OF 1996 AMENDMENT
Editorial Notes
Pub. L. 104–292, § 1, Oct. 11, 1996, 110 Stat. 3459, pro-
AMENDMENTS vided that: ‘‘This Act [amending this section, sections
2006—Subsec. (a). Pub. L. 109–248 inserted last sen- 1515 and 6005 of this title, and section 1365 of Title 28,
tence in concluding provisions. Judiciary and Judicial Procedure] may be cited as the
2004—Subsec. (a). Pub. L. 108–458 substituted ‘‘be fined ‘False Statements Accountability Act of 1996’.’’
under this title, imprisoned not more than 5 years or, SHORT TITLE OF 1994 AMENDMENT
if the offense involves international or domestic ter-
rorism (as defined in section 2331), imprisoned not more Pub. L. 103–322, title XXIX, § 290001(a), Sept. 13, 1994,
than 8 years, or both’’ for ‘‘be fined under this title or 108 Stat. 2097, as amended by Pub. L. 104–294, title VI,
imprisoned not more than 5 years, or both’’ in con- § 604(b)(34), Oct. 11, 1996, 110 Stat. 3508, provided that:
cluding provisions. ‘‘This section [amending section 1030 of this title] may
1996—Pub. L. 104–292 reenacted section catchline be cited as the ‘Computer Abuse Amendments Act of
without change and amended text generally. Prior to 1994’.’’
amendment, text read as follows: ‘‘Whoever, in any SHORT TITLE OF 1990 AMENDMENT
matter within the jurisdiction of any department or
agency of the United States knowingly and willfully Pub. L. 101–647, title XXV, § 2500, Nov. 29, 1990, 104
falsifies, conceals or covers up by any trick, scheme, or Stat. 4859, provided that: ‘‘This title [see Tables for
device a material fact, or makes any false, fictitious or classification] may be cited as the ‘Comprehensive
fraudulent statements or representations, or makes or Thrift and Bank Fraud Prosecution and Taxpayer Re-
uses any false writing or document knowing the same covery Act of 1990’.’’
to contain any false, fictitious or fraudulent statement SHORT TITLE OF 1989 AMENDMENT
or entry, shall be fined under this title or imprisoned
not more than five years, or both.’’ Pub. L. 101–123, § 1, Oct. 23, 1989, 103 Stat. 759, provided
1994—Pub. L. 103–322 substituted ‘‘fined under this that: ‘‘This Act [amending section 1031 of this title, re-
title’’ for ‘‘fined not more than $10,000’’. pealing section 293 of this title, enacting provisions set
out as notes under sections 293 and 1031 of this title,
Statutory Notes and Related Subsidiaries and repealing provisions set out as a note under section
293 of this title] may be cited as the ‘Major Fraud Act
CHANGE OF NAME Amendments of 1989’.’’
Reference to United States magistrate or to mag- SHORT TITLE OF 1988 AMENDMENT
istrate deemed to refer to United States magistrate
Pub. L. 100–700, § 1, Nov. 19, 1988, 102 Stat. 4631, pro-
judge pursuant to section 321 of Pub. L. 101–650, set out
vided that: ‘‘This Act [enacting sections 293 and 1031 of
as a note under section 631 of Title 28, Judiciary and
this title and section 256 of Title 41, Public Contracts,
Judicial Procedure.
amending section 2324 of Title 10, Armed Forces, and
SHORT TITLE OF 2004 AMENDMENT section 3730 of Title 31, Money and Finance, enacting
provisions set out as notes under sections 293 and 1031
Pub. L. 108–275, § 1, July 15, 2004, 118 Stat. 831, pro- of this title, section 2324 of Title 10, and section 522 of
vided that: ‘‘This Act [enacting section 1028A of this Title 28, Judiciary and Judicial Procedure, and repeal-
title, amending sections 641 and 1028 of this title, and ing provisions set out as a note under section 2324 of
enacting provisions listed in a table relating to sen- Title 10] may be cited as the ‘Major Fraud Act of 1988’.’’
tencing guidelines set out as a note under section 994 of
Title 28, Judiciary and Judicial Procedure] may be SHORT TITLE OF 1986 AMENDMENT
cited as the ‘Identity Theft Penalty Enhancement Pub. L. 99–474, § 1, Oct. 16, 1986, 100 Stat. 1213, provided
Act’.’’ that: ‘‘This Act [amending section 1030 of this title]
SHORT TITLE OF 2003 AMENDMENT may be cited as the ‘Computer Fraud and Abuse Act of
1986’.’’
Pub. L. 108–21, title VI, § 607(a), Apr. 30, 2003, 117 Stat.
689, provided that: ‘‘This section [amending section 1028 SHORT TITLE OF 1984 AMENDMENT
of this title] may be cited as the ‘Secure Authentica- Pub. L. 98–473, title II, § 1601, Oct. 12, 1984, 98 Stat.
tion Feature and Enhanced Identification Defense Act 2183, provided that: ‘‘This chapter [chapter XVI
of 2003’ or ‘SAFE ID Act’.’’ (§§ 1601–1603) of title II of Pub. L. 98–473, enacting sec-
SHORT TITLE OF 2000 AMENDMENT tion 1029 of this title and provisions set out as a note
under section 1029 of this title] may be cited as the
Pub. L. 106–578, § 1, Dec. 28, 2000, 114 Stat. 3075, pro- ‘Credit Card Fraud Act of 1984’.’’
vided that: ‘‘This Act [amending section 1028 of this Pub. L. 98–473, title II, § 2101, Oct. 12, 1984, 98 Stat.
title, repealing section 1738 of this title, and enacting 2190, provided that: ‘‘This chapter [chapter XXI
provisions set out as notes under section 1028 of this (§§ 2101–2103) of title II of Pub. L. 98–473, enacting sec-
title] may be cited as the ‘Internet False Identification tion 1030 of this title and provisions set out as a note
Prevention Act of 2000’.’’ under section 1030 of this title] may be cited as the
‘Counterfeit Access Device and Computer Fraud and
SHORT TITLE OF 1998 AMENDMENTS
Abuse Act of 1984’.’’
Pub. L. 105–318, § 1, Oct. 30, 1998, 112 Stat. 3007, pro-
SHORT TITLE OF 1982 AMENDMENT
vided that: ‘‘This Act [amending sections 982, 1028, and
2516 of this title and section 105 of the Ethics in Gov- Pub. L. 97–398, § 1, Dec. 31, 1982, 96 Stat. 2009, provided:
ernment Act of 1978, Pub. L. 95–521, set out in the Ap- ‘‘That this Act [enacting sections 1028 and 1738 of this
pendix to Title 5, Government Organization and Em- title and amending section 3001 of Title 39, Postal Serv-
ployees, and enacting provisions set out as notes under ice] may be cited as the ‘False Identification Crime
section 1028 of this title and section 994 of Title 28, Ju- Control Act of 1982’.’’
§ 1002 TITLE 18—CRIMES AND CRIMINAL PROCEDURE Page 298
§ 1002. Possession of false papers to defraud Editorial Notes
United States AMENDMENTS
Whoever, knowingly and with intent to de- 1996—Pub. L. 104–294 substituted ‘‘$1,000’’ for ‘‘$100’’.
fraud the United States, or any agency thereof, 1994—Pub. L. 103–322 substituted ‘‘fined under this
possesses any false, altered, forged, or counter- title’’ for ‘‘fined not more than $10,000’’ after ‘‘instru-
feited writing or document for the purpose of en- ment, shall be’’ and for ‘‘fined not more than $1,000’’
abling another to obtain from the United States, after ‘‘he shall be’’.
or from any agency, officer or agent thereof, any
§ 1004. Certification of checks
sum of money, shall be fined under this title or
imprisoned not more than five years, or both. Whoever, being an officer, director, agent, or
(June 25, 1948, ch. 645, 62 Stat. 749; Pub. L. employee of any Federal Reserve bank, member
103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, bank of the Federal Reserve System, insured
108 Stat. 2147.) bank (as defined in section 3(h) of the Federal
Deposit Insurance Act), branch or agency of a
HISTORICAL AND REVISION NOTES foreign bank (as such terms are defined in para-
Based on title 18, U.S.C., 1940 ed., § 74 (Mar. 4, 1909, ch. graphs (1) and (3) of section 1(b) of the Inter-
321, § 30, 35 Stat. 1094). national Banking Act of 1978), or organization
Words ‘‘or any agency thereof’’ after ‘‘United States’’ operating under section 25 or section 25(a) 1 of
and word ‘‘agency’’ after ‘‘any’’ and before ‘‘officer,’’ the Federal Reserve Act, certifies a check before
were inserted to eliminate any possible ambiguity as to the amount thereof has been regularly deposited
scope of section. (See definition of ‘‘agency’’ in section in the bank, branch, agency, or organization, by
6 of this title.) the drawer thereof, or resorts to any device, or
The maximum fine of ‘‘$10,000’’ was substituted for
‘‘$500’’ in order to conform punishment provisions to
receives any fictitious obligation, directly or
those of comparable sections. (See section 1001 of this collaterally, in order to evade any of the provi-
title.) sions of law relating to certification of checks,
Minor verbal change was made. shall be fined under this title or imprisoned not
more than five years, or both.
Editorial Notes (June 25, 1948, ch. 645, 62 Stat. 749; Pub. L.
AMENDMENTS 101–647, title XXV, § 2597(g), Nov. 29, 1990, 104
Stat. 4910; Pub. L. 103–322, title XXXIII,
1994—Pub. L. 103–322 substituted ‘‘fined under this
§ 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)
title’’ for ‘‘fined not more than $10,000’’.
HISTORICAL AND REVISION NOTES
§ 1003. Demands against the United States
Based on section 591 of title 12, U.S.C., 1940 ed., Banks
Whoever knowingly and fraudulently demands and Banking (R.S. § 5208; July 12, 1882, ch. 290, § 13, 22
or endeavors to obtain any share or sum in the Stat. 166; Sept. 26, 1918, ch. 177, § 7, 40 Stat. 972; Feb. 25,
public stocks of the United States, or to have 1927, ch. 191, § 12, 44 Stat. 1231).
Words ‘‘be deemed guilty of a misdemeanor and
any part thereof transferred, assigned, sold, or
shall’’ were omitted as unnecessary in view of defini-
conveyed, or to have any annuity, dividend, pen- tion of misdemeanor in section 1 of this title.
sion, wages, gratuity, or other debt due from the Words ‘‘on conviction thereof’’ were omitted as sur-
United States, or any part thereof, received, or plusage, because punishment cannot be imposed until
paid by virtue of any false, forged, or counter- after conviction.
feited power of attorney, authority, or instru- Words ‘‘in any district court of the United States’’
ment, shall be fined under this title or impris- were omitted as unnecessary, because section 3231 of
oned not more than five years, or both; but if this title confers jurisdiction on Federal district courts
of all crimes and offenses defined in this title.
the sum or value so obtained or attempted to be
Changes were made in phraseology.
obtained does not exceed $1,000, he shall be fined
under this title or imprisoned not more than one
Editorial Notes
year, or both.
REFERENCES IN TEXT
(June 25, 1948, ch. 645, 62 Stat. 749; Pub. L.
103–322, title XXXIII, § 330016(1)(H), (L), Sept. 13, Section 3(h) of the Federal Deposit Insurance Act, re-
1994, 108 Stat. 2147; Pub. L. 104–294, title VI, ferred to in text, is classified to section 1813(h) of Title
§ 606(a), Oct. 11, 1996, 110 Stat. 3511.) 12, Banks and Banking.
Section 1(b) of the International Banking Act of 1978,
HISTORICAL AND REVISION NOTES referred to in text, is classified to section 3101 of Title
12.
Based on title 18, U.S.C., 1940 ed., § 79 (Mar. 4, 1909, ch. Section 25 of the Federal Reserve Act, referred to in
321, § 34, 35 Stat. 1095). text, is classified to subchapter I (§ 601 et seq.) of chap-
Words ‘‘prize money’’ were deleted on the ground that ter 6 of Title 12. Section 25(a) of the Federal Reserve
they are an anachronism and were so before 1909. (See Act, which is classified to subchapter II (§ 611 et seq.) of
reviser’s note under section 915 of this title.) chapter 6 of Title 12, was renumbered section 25A of
Mandatory punishment provision was rephrased in that act by Pub. L. 102–242, title I, § 142(e)(2), Dec. 19,
the alternative. 1991, 105 Stat. 2281.
The smaller punishment for an offense involving $100
or less was added. (See reviser’s note to sections 641 and AMENDMENTS
645 of this title.)
1994—Pub. L. 103–322 substituted ‘‘fined under this
The maximum term of ‘‘five years’’ was substituted
title’’ for ‘‘fined not more than $5,000’’.
for ‘‘ten years’’ and ‘‘$10,000’’ was substituted for
1990—Pub. L. 101–647 substituted a comma for ‘‘or’’
‘‘$5,000’’ as being more in harmony with punishment
after ‘‘Federal Reserve bank’’ and inserted ‘‘insured
provision of similar sections. (See reviser’s note under
section 1001 of this title.)
Minor changes in phraseology were made. 1 See References in Text note below.
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