U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 47— FRAUD AND FALSE STATEMENTS

18 U.S.C. § 1001

Statements or entries generally

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(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully—(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;(2) makes any materially false, fictitious, or fraudulent statement or representation; or(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years.(b) Subsection (a) does not apply to a party to a judicial proceeding, or that party’s counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding.(c) With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to—(1) administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or(2) any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate.(June 25, 1948, ch. 645, 62 Stat. 749; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–292, § 2, Oct. 11, 1996, 110 Stat. 3459; Pub. L. 108–458, title VI, § 6703(a), Dec. 17, 2004, 118 Stat. 3766; Pub. L. 109–248, title I, § 141(c), July 27, 2006, 120 Stat. 603.)Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 80 (Mar. 4, 1909, ch. 321, § 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52 Stat. 197).

Section 80 of title 18, U.S.C., 1940 ed., was divided into two parts.

The provision relating to false claims was incorporated in section 287 of this title.

Reference to persons causing or procuring was omitted as unnecessary in view of definition of “principal” in section 2 of this title.

Words “or any corporation in which the United States of America is a stockholder” in said section 80 were omitted as unnecessary in view of definition of “agency” in section 6 of this title.

In addition to minor changes of phraseology, the maximum term of imprisonment was changed from 10 to 5 years to be consistent with comparable sections. (See reviser’s note under section 287 of this title.)

Editorial NotesAmendments

2006—Subsec. (a). Pub. L. 109–248 inserted last sentence in concluding provisions.

2004—Subsec. (a). Pub. L. 108–458 substituted “be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both” for “be fined under this title or imprisoned not more than 5 years, or both” in concluding provisions.

1996—Pub. L. 104–292 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined under this title or imprisoned not more than five years, or both.”

1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $10,000”.

Statutory Notes and Related SubsidiariesChange of Name

Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.

Short Title of 2004 Amendment

Pub. L. 108–275, § 1, July 15, 2004, 118 Stat. 831, provided that: “This Act [enacting section 1028A of this title, amending sections 641 and 1028 of this title, and enacting provisions listed in a table relating to sentencing guidelines set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Identity Theft Penalty Enhancement Act’.”

Short Title of 2003 Amendment

Pub. L. 108–21, title VI, § 607(a), Apr. 30, 2003, 117 Stat. 689, provided that: “This section [amending section 1028 of this title] may be cited as the ‘Secure Authentication Feature and Enhanced Identification Defense Act of 2003’ or ‘SAFE ID Act’.”

Short Title of 2000 Amendment

Pub. L. 106–578, § 1, Dec. 28, 2000, 114 Stat. 3075, provided that: “This Act [amending section 1028 of this title, repealing section 1738 of this title, and enacting provisions set out as notes under section 1028 of this title] may be cited as the ‘Internet False Identification Prevention Act of 2000’.”

Short Title of 1998 Amendments

Pub. L. 105–318, § 1, Oct. 30, 1998, 112 Stat. 3007, provided that: “This Act [amending sections 982, 1028, and 2516 of this title and section 105 of the Ethics in Government Act of 1978, Pub. L. 95–521, set out in the Appendix to Title 5, Government Organization and Employees, and enacting provisions set out as notes under section 1028 of this title and section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Identity Theft and Assumption Deterrence Act of 1998’.”

Pub. L. 105–172, § 1, Apr. 24, 1998, 112 Stat. 53, provided that: “This Act [amending section 1029 of this title and enacting provisions set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘Wireless Telephone Protection Act’.”

Short Title of 1996 Amendment

Pub. L. 104–292, § 1, Oct. 11, 1996, 110 Stat. 3459, provided that: “This Act [amending this section, sections 1515 and 6005 of this title, and section 1365 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘False Statements Accountability Act of 1996’.”

Short Title of 1994 Amendment

Pub. L. 103–322, title XXIX, § 290001(a), Sept. 13, 1994, 108 Stat. 2097, as amended by Pub. L. 104–294, title VI, § 604(b)(34), Oct. 11, 1996, 110 Stat. 3508, provided that: “This section [amending section 1030 of this title] may be cited as the ‘Computer Abuse Amendments Act of 1994’.”

Short Title of 1990 Amendment

Pub. L. 101–647, title XXV, § 2500, Nov. 29, 1990, 104 Stat. 4859, provided that: “This title [see Tables for classification] may be cited as the ‘Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990’.”

Short Title of 1989 Amendment

Pub. L. 101–123, § 1, Oct. 23, 1989, 103 Stat. 759, provided that: “This Act [amending section 1031 of this title, repealing section 293 of this title, enacting provisions set out as notes under sections 293 and 1031 of this title, and repealing provisions set out as a note under section 293 of this title] may be cited as the ‘Major Fraud Act Amendments of 1989’.”

Short Title of 1988 Amendment

Pub. L. 100–700, § 1, Nov. 19, 1988, 102 Stat. 4631, provided that: “This Act [enacting sections 293 and 1031 of this title and section 256 of Title 41, Public Contracts, amending section 2324 of Title 10, Armed Forces, and section 3730 of Title 31, Money and Finance, enacting provisions set out as notes under sections 293 and 1031 of this title, section 2324 of Title 10, and section 522 of Title 28, Judiciary and Judicial Procedure, and repealing provisions set out as a note under section 2324 of Title 10] may be cited as the ‘Major Fraud Act of 1988’.”

Short Title of 1986 Amendment

Pub. L. 99–474, § 1, Oct. 16, 1986, 100 Stat. 1213, provided that: “This Act [amending section 1030 of this title] may be cited as the ‘Computer Fraud and Abuse Act of 1986’.”

Short Title of 1984 Amendment

Pub. L. 98–473, title II, § 1601, Oct. 12, 1984, 98 Stat. 2183, provided that: “This chapter [chapter XVI (§§ 1601–1603) of title II of Pub. L. 98–473, enacting section 1029 of this title and provisions set out as a note under section 1029 of this title] may be cited as the ‘Credit Card Fraud Act of 1984’.”

Pub. L. 98–473, title II, § 2101, Oct. 12, 1984, 98 Stat. 2190, provided that: “This chapter [chapter XXI (§§ 2101–2103) of title II of Pub. L. 98–473, enacting section 1030 of this title and provisions set out as a note under section 1030 of this title] may be cited as the ‘Counterfeit Access Device and Computer Fraud and Abuse Act of 1984’.”

Short Title of 1982 Amendment

Pub. L. 97–398, § 1, Dec. 31, 1982, 96 Stat. 2009, provided: “That this Act [enacting sections 1028 and 1738 of this title and amending section 3001 of Title 39, Postal Service] may be cited as the ‘False Identification Crime Control Act of 1982’.”

Notes of Decisions
Cited in 5,673 cases (639 in the last 5 years), 1949–2026 · leading case: United States v. Coplan
Sort: Relevance Newest Treatment
United States v. Coplan (2012) ca2 · cites it 23× “13 18 U.S.C. § 1001 (a) provides, in relevant part: (a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully— (1) falsifies,…”
United States v. Nicholas Slatten (2017) cadc · cites it 14× “More importantly, the one exception to the co-defendant’s immunity may have been an even greater incentive encouraging his honesty; that is, he faced criminal liability under 18 U.S.C. § 1001 if he made a materially false statement to the investigators and he expressly…”
United States v. Manning (2008) ca10 · cites it 26× “Manning for making a false statement under 18 U.S.C. § 1001 . However, the district court determined that the "judicial function" exception in § 1001 applied to Mr.”
United States v. Don Bruce Duncan (1982) ca9 · cites it 30× “ALARCON, Circuit Judge: Don Bruce Duncan, appellant, was convicted in a jury trial of making a false statement to Customs agents, in violation of 18 U.S.C. § 1001 . We affirm. FACTS At approximately 11:00 P.”
Brogan v. United States (1998) scotus · cites it 18× “This case presents the question whether there is an exception to criminal liability under 18 U. S. C. § 1001 for a false statement that consists of the mere denial of wrongdoing, the so-called "exculpatory no.”
Martin Marietta Corp. v. Lorenz (1992) colo · cites it 18× “2d 619 : that Lorenz refused to perform an act ordered by his employer, Martin Marietta; that the act would violate a specific statute, namely, 18 U.S.C. § 1001 (1988), which, being more than a broad and general statement of policy, specifically prohibits the knowing and willful…”
United States v. Timothy Ritchie (2017) ca4 · cites it 13× “On the merits, Ritchie contends that a violation of 18 U.S.C. § 1001 is not an “offense against property” and that Bank of America is not a “victim” of Ritchie’s offense within the meaning of the MVRA.”
United States v. Usama Sadik Ahmed Abdel Whab (2004) ca2 · cites it 14× “§§ 1542 and 2; (2) making and using a false writing, specifically, a forged baptismal certificate, in support of his application for a passport, in violation of 18 U.S.C. § 1001 ; and (3) making a false statement to a federal agent, in violation of 18 U.”
United States v. Richard Perry Curtis,defendant-Appellant (2001) ca6 · cites it 8× “allegedly violated a federal, state, or local law: (1) Curtis’s May 1,1998 arrest and eighty-three count state indictment for promoting prostitution; (2) the fifteen-count federal indictment filed on June 23, 1998; and (3) false statements provided by Curtis to the probation…”
United States v. Gaudin (1995) scotus · cites it 8× “In the trial at issue here, respondent was convicted of making material false statements in a matter within the jurisdiction of a federal agency, in violation of 18 U. S. C. § 1001 . The question presented is whether it was constitutional for the trial judge to refuse to submit…”
United States v. Horvath (2007) ca9 · cites it 24× “*1076 GRABER, Circuit Judge: Any person who knowingly and willfully makes a materially false statement to the federal government is subject to criminal liability under 18 U.S.C. § 1001 (a). Congress chose to exempt from criminal liability, however, false statements submitted to…”
United States v. Michael E. Gaudin (1994) ca9 · cites it 17× “3d 374 (1993), to de *944 cide whether the element of materiality in 18 U.S.C. § 1001 is a question of fact that must be determined by the jury.”
Show all 5,673 citing cases →
— 18 U.S.C. § 1001(a) — 1 case
United States v. Ray Caldwell (2015) ca9
— 18 U.S.C. § 1001(a)(1) — 2 cases
United States v. David Bowser (2020) cadc
United States v. Bontzolakes (2014) ca2
— 18 U.S.C. § 1001(a)(2) — 7 cases
United States v. Stella (2009) ca1
United States v. Singh (2000) ca1
United States v. Mubayyid (2008) mad
United States v. Joseph Johnson, Jr. (2021) ca3
United States v. Martin Peynado (2010) ca3
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.