75TH CONG. , 3D SESS.-CH. 69-APR. 4, 1938 [CHAPTER 69] AN ACT 197 April 4, 1938 To amend section 35 of the Criminal Code, as amended (U. S . C., title 18, sec. 82), [H. R . 8826] relating to purloining, stealing, or injuring property of the United States. [Public, No. 465] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 35 of the Criminal Code of the United States, as amended (U. S . C ., title 18, sees. 80, 82, 83, 84, 85, and 86), be, and the same is hereby, amended to read as follows: "SEC. 35. (A) Whoever shall make or cause to be made or present or cause to be presented, for payment or approval, to or by any person or officer in the civil, military, or naval service of the United States, or any department thereof, or any corporation in which the United States of America is a stockholder, any claim upon or against the Government of the United States, or any department or officer thereof, or any corporation in which the United States of America is a stockholder, knowing such claim to be false, fictitious, or fraud- ulent; or whoever shall knowingly and willfully falsify or conceal or cover up by any trick, scheme, or device a material fact, or make or cause to be made any false or fraudulent statements or representa- tions, or make or use or cause to be made or used any false bill, receipt, voucher, roll, account, claim, certificate, affidavit, or deposi- tion, knowing the same to contain any fraudulent or fictitious state- ment or entry in any matter within the jurisdiction of any depart- ment or agency of the United States or of any corporation in which the United States of America is a stockholder; or whoever shall enter into any agreement, combination, or conspiracy to defraud the Gov- ernment of the United States, or any department or officer thereof, or any corporation in which the United States of America is a stock- holder, by obtaining or aiding to obtain the payment or allowance of any false or fraudulent claim; and whoever, having charge, pos- session, custody, or control of any money or other public property used or to be used in the military or naval service, with intent to defraud the United States, or any department thereof, or any cor- poration in which the United States of America is a stockholder, or willfully to conceal such money or other property, shall deliver or cause to be delivered to any person having authority to receive the same any amount of such money or other property less than that for which he received a certificate or took a receipt; or whoever, being authorized to make or deliver any certificate, voucher, receipt, or other paper certifying the receipt of arms, ammunition, provisions, clothing, or other property so used or to be used, shall make or deliver the same to any other person without a full knowledge of the truth of the facts stated therein and with intent to defraud the United States, or any department thereof, or any corporation in which the United States of America is a stockholder, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. "(B) And whoever shall purchase, or receive in pledge, from any person any arms, equipment, ammunition, clothing, military stores, or other property furnished by the United States, under a clothing allowance or otherwise, to any soldier, sailor, officer, cadet, or mid- shipman in the military or naval service of the United States or of the National Guard or Naval Militia, or to any person accom- panying, serving, or retained with the land or naval forces and sub- ject to military or naval law, having knowledge or reason to believe Criminal Code amendments. 18U..C.§80, 82-86 . Presenting false claims. Concealing material fact. False statements or representations. Conspiring to de- fraud the Govern- ment, etc. Corporation in which U. S. a stock- holder. Fraudulent re- ceipts, etc. Penalty. Unlawful purchase, etc., of public prop. erty. 52 STAT.]
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