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901. Scope of the General Statutes Prohibiting Fraud Against the Government

While Congress has enacted numerous specific statutes to deal with particular types of fraud against the government, enforcement efforts rely principally on five rather general statutes: 18 U.S.C. §§ 287 (false claims), 371 (conspiracy), 1001 (false statements), 1341 (mail fraud) and 1343 (wire fraud). The mail fraud and wire fraud statutes (18 U.S.C. §§  1341, 1343) are discussed in another part of the JM; the other statutes are discussed in this chapter. One fundamental concern common to these statutes is the relationship that the fraudulent act or statement must have with the Federal government in order to warrant Federal prosecution.

PRACTICE TIP: This part of the JM provides only an introduction to the many topics concerning fraud against the government; the reader should be aware of standard research devices that are available, including computerized research, texts, law reviews, looseleaf services, Department seminar materials, other courses materials and various other publications. See generally The Criminal Law Reporter (Bureau of National Affairs); O. Obermaier and R. Morvillo, White Collar Crime: Business and Regulatory Offenses (1990); E. Devitt, C. Blackmar & K. O'Malley, Federal Jury Practice and Instructions, (1990); L. Sand, J. Siffert, W. Loughlin & S. Reiss, Modern Federal Jury Instruction (1995); Project, Tenth Annual Survey of White Collar Crime, 32 Am. Crim. L. Rev. 137 (1995).

[cited in JM 9-42.001]

Updated January 21, 2020