Title 18, United States Code, section 287--the false claims
statute--provides in part:|
Whoever makes or presents to any person or officer in the
military or naval service of the United States, or to any department or
thereof, any claim upon or against the United States, or any department or
thereof, knowing such claim to be false, fictitious, or fraudulent, shall be
imprisoned not more than five years . . . .
See Project, Tenth Annual Survey of White Collar Crime, 32 Am.
Crim. L. Rev. 137, 309-32 (1995)(discussing § 287). There is also a
companion conspiracy statute, 18 U.S.C. § 286.
In 1863 Congress enacted a false claims and statements statute "in
wake of a spate of frauds upon the government." United States v.
Bramblett, 348 U.S. 503, 504 (1955). As originally enacted the statute
penalized presentment "for payment or approval" of false claims upon or
the Government. . ." (Bramblett, 348 U.S. at 504) as well as false
statements made "for the purpose of obtaining, or aiding in obtaining, the
approval or payment of such claim." On June 25, 1948, the statute was
into 18 U.S.C. § 287 and 18 U.S.C. § 1001, respectively. 62
The Section 287 statute is designed to "protect the government
those who would cheat or mislead it in the administration of its programs"
(United States v. White, 27 F.3d 1531, 1535 (11th Cir. 1994)), and it
been employed to combat fraudulent claims filed under numerous Federal
including Medicare and Medicaid. White (Medicare claims by a
chiropractor); United States v. Hooshmand, 931 F.2d 725, 733 (11th
1991)(Medicare claims for tests); see also United States v.
Abud-Sanchez, 973 F.2d 835, 836 (10th Cir. 1992)(Medicare and Medicaid
claims); United States v. Siddiqi, 959 F.2d 1167, 1171-72 (2d Cir.
1992)(physician submitted Medicare claims for a period when he was out of
country); United States v. Nazon, 940 F.2d 255, 258, 261 (7th Cir.
1991)(Medicaid claims for lab work not done); United States v.
550 F.2d 261, 263-64 (5th Cir.), cert. denied, 434 U.S. 863
for costs of clinics never built).
[cited in USAM 9-42.001]