Section 67A. Whoever, in any matter, relative to procurement of supplies, services or construction, as defined in section one of chapter twelve A, within the jurisdiction of any department, agency or public instrumentality of the commonwealth, or of any political subdivision thereof, intentionally:
(1) makes a material statement that is false;
(2) omits or conceals a material fact in a written statement;
(3) submits or invites reliance on a material writing or recording that is false, forged, altered, or otherwise lacking in authenticity;
(4) submits or invites reliance on a sample, specimen, map, photograph, boundary-mark, or other object that is misleading in a material respect; or
(5) uses any trick, scheme, or device that is misleading in a material respect;
shall be punished by a fine of not more than ten thousand dollars or by imprisonment in the state prison for not more than five years, or in the house of correction for not more than two and one-half years, or both.
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 1989–2022 · leading case:
Commonwealth v. Mills, 764 N.E.2d 854 (Mass. 2002).
Commonwealth v. Mills, 764 N.E.2d 854 (Mass. 2002).
“32, § 18; two counts of procurement fraud, in violation of G. L. c. 266, § 67A; two counts of making false claims, in violation of G.”
Commonwealth v. Balicki, 762 N.E.2d 290 (Mass. 2002).
“266, § 67B; making a material statement that is false, omitting or concealing a material fact in a written statement, or using a trick, scheme, or device that is misleading in violation of G. L. c. 266, § 67A; forgery in violation of G.”
Fordyce v. Town of Hanover, 457 Mass. 248 (Mass. 2010).
“Moreover, any person who intentionally makes a material false statement, or omits or conceals a material fact in a written statement, in attempting to procure a construction contract from any department, agency, or municipality of the Commonwealth, may be charged criminally…”
Commonwealth v. Biagiotti, 888 N.E.2d 364 (Mass. 2008).
· cites it 3× “266, § 67 (§ 67) 1 ; fraud in *600 procurement, in violation of G. L. c. 266, § 67A; and conspiracy to commit larceny over $250, in violation of G.”
Commonwealth v. Griffin, 535 N.E.2d 594 (Mass. 1989).
“266, § 73; and (3) that he twice committed fraud in the procurement of services in violation of G. L. c. 266, § 67A.”
Commonwealth v. Mills, 745 N.E.2d 981 (Mass. App. Ct. 2001).
“32, § 18; two counts of procurement fraud, G. L. c. 266, § 67A; two counts of false claims, G.”
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