Page:United States Statutes at Large Volume 102 Part 5.djvu/625

 PUBLIC LAW 100-700—NOV. 19, 1988

102 STAT. 4631

Public Law 100-700 100th Congress An Act To amend title 18, United States Code, to provide increased penalties for certain major frauds against the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the "Major Fraud Act of 1988".

Nov. 19, 1988 [H.R. 3911] Major Fraud Act of 1988. Contracts. 18 USC 1001 note.

SEC. 2. CHAPTER 47 AMENDMENT.

(a) IN GENERAL.—Chapter 47 of title 18, United States Code, is amended by adding at the end the following: "(a) Whoever knowingly executes, or attempts to execute, any scheme or artifice with the intent— "(1) to defraud the United States; or "(2) to obtain money or property by means of false or fraudulent pretenses, representations, or promises, in any procurement of property or services 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, if the value of the contract, subcontract, or any constituent part thereof, for such property or services is $1,000,000 or more shall, subject to the applicability of subsection (c) of this section, be fined not more than $1,000,000, or imprisoned not more than 10 years, or both. "(b) The fine imposed for an offense under this section may exceed the maximum otherwise provided by law, if such fine does not exceed $5,000,000 and— "(1) the gross loss to the Government or the gross gain to a defendant is $500,000 or greater; or "(2) the offense involves a conscious or reckless risk of serious personal injury. "(c) The maximum fine imposed upon a defendant for a prosecution including a prosecution with multiple counts under this section shall not exceed $10,000,000. "(d) Nothing in this section shall preclude a court from imposing any other sentences available under this title, including without limitation a fine up to twice the amount of the gross loss or gross gain involved in the offense pursuant to 18 U.S.C. section 3571(d). "(e) In determining the amount of the fine, the court shall consider the factors set forth in 18 U.S.C. sections 3553 and 3572, and the factors set forth in the guidelines and policy statements of the United States Sentencing Commission, including— "(1) the need to reflect the seriousness of the offense, including the harm or loss to the victim and the gain to the defendant; "(2) whether the defendant previously has been fined for a similar offense; and
 * '§ 1031. Major fraud against the United States

Courts, U.S.

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