§ 119. — Fraudulent claims, vouchers, statements, etc.; jurisdiction.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC119]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 2--TERMINATION OF WAR CONTRACTS
Sec. 119. Fraudulent claims, vouchers, statements, etc.;
jurisdiction
Every person who makes or causes to be made, or presents or causes
to be presented to any officer, agent, or employee of any Government
agency any claim, bill, receipt, voucher, statement, account,
certificate, affidavit, or deposition, knowing the same to be false,
fraudulent, or fictitious or knowing the same to contain or to be based
on any false, fraudulent, or fictitious statement or entry, or who shall
cover up or conceal any material fact, or who shall use or engage in any
other fraudulent trick, scheme, or device, for the purpose of securing
or obtaining, or aiding to secure or obtain, for any person any benefit,
payment, compensation, allowance, loan, advance, or emolument from the
United States or any Government agency in connection with the
termination, cancelation, settlement, payment, negotiation,
renegotiation, performance, procurement, or award of a contract with the
United States or with any other person, and every person who enters into
an agreement, combination, or conspiracy so to do, (1) shall pay to the
United States an amount equal to 25 per centum of any amount thereby
sought to be wrongfully secured or obtained but not actually received,
and (2) shall forfeit and refund any such benefit, payment,
compensation, allowance, loan, advance, and emolument received as a
result thereof and (3) shall in addition pay to the United States the
sum of $2,000 for each such act, and double the amount of any damage
which the United States may have sustained by reason thereof, together
with the costs of suit.
The several district courts of the United States, the several
district courts of the Territories of the United States, within whose
jurisdictional limits the person, or persons, doing or committing such
act, or any one of them, resides or shall be found, shall, wheresoever
such act may have been done or committed, have full power and
jurisdiction to hear, try, and determine such suit, and such person or
persons as are not inhabitants of or found within the district in which
suit is brought may be brought in by order of the court to be served
personally or by publication or in such other reasonable manner as the
court may direct.
(July 1, 1944, ch. 358, Sec. 19(a), (c)-(e), 58 Stat. 667; June 25,
1948, ch. 645, Sec. 21, 62 Stat. 862.)
Codification
As originally enacted, the second undesignated paragraph of this
section contained the words, ``, the District of Columbia'' after ``The
several district courts of the United States''. The words ``District of
Columbia'' have been deleted entirely as superfluous in view of section
132(a) of Title 28, Judiciary and Judicial Procedure, which states that
``There shall be in each judicial district a district court which shall
be a court of record known as the United States District Court for the
district'', and section 88 of Title 28 which states that ``the District
of Columbia constitutes one judicial district''.
Section was comprised of subsecs. (a) and (c) to (e) of section 19
of act July 1, 1944. Subsec. (b) of section 19 was classified to section
590a of Title 18, Criminal Code and Criminal Procedure, prior to the
general revision and enactment of Title 18, Crimes and Criminal
Procedure, by act June 25, 1948, ch. 645, 62 Stat. 683. Subsecs. (a),
(d), and (e) of section 19 were repealed by act June 25, 1948, leaving
only subsec. (c) of section 19, which comprises this section. Subject
matter of former subsecs. (a), (d), and (e) of section 19 is covered by
sections 201, 287, 443, and 1001 of Title 18.
Amendments
1948--Act June 25, 1948, repealed first, second, fifth, and sixth
undesignated pars. See Codification note above.
Effective Date of 1948 Repeal
Amendment by act June 25, 1948, effective Sept. 1, 1948, see section
20 of that act.
