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

18 U.S.C. § 1035

False statements relating to health care matters

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(a) Whoever, in any matter involving a health care benefit program, knowingly and willfully—(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; or(2) makes any materially false, fictitious, or fraudulent statements or representations, or makes or uses any materially false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry,in connection with the delivery of or payment for health care benefits, items, or services, shall be fined under this title or imprisoned not more than 5 years, or both.(b) As used in this section, the term “health care benefit program” has the meaning given such term in section 24(b) of this title.(Added Pub. L. 104–191, title II, § 244(a), Aug. 21, 1996, 110 Stat. 2017.)
Notes of Decisions
Cited in 295 cases (128 in the last 5 years), 2000–2026 · leading case: United States v. Hunt, 521 F.3d 636 (6th Cir. 2008).
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United States v. Hunt, 521 F.3d 636 (6th Cir. 2008). · cites it 6× “§ 371 , and making false statements relating to health care fraud in violation of 18 U.S.C. § 1035 . He was sentenced to five years of probation, a $6,000 fine, a $1,200 special assessment, and restitution in the amount of $151,161.”
United States v. Peter E. Clay, 832 F.3d 1259 (11th Cir. 2016). · cites it 5× “1 Counts 2 through 5 charged the defendants with making false statements in Medicaid health care expense reports submitted to state officials,,in violation of 18 U.S.C. §§ 1035 and 2. Counts 2 and 3 covered the calendar year (“CY”) 2005 reports, and Counts 4 and 5 covered the CY…”
United States v. Hayes, 574 F.3d 460 (8th Cir. 2009). · cites it 6× “§§ 371 , 1035, 1347 and 2 and one count of making a false statement relating to health care matters in violation of 18 U.S.C. §§ 1035 and 2. In addition, Silvers was convicted of nine additional counts of making false statements relating to health care matters in violation of 18…”
United States v. Cathedral Henderson, 893 F.3d 1338 (11th Cir. 2018). · cites it 6× “RIPPLE, Circuit Judge: *1341 After a federal investigation into recordkeeping practices at a Department of Veterans Affairs ("VA") hospital, Cathedral Henderson was charged with fifty counts of making false statements in connection with the delivery of, or payment for,…”
United States v. John McLean, 715 F.3d 129 (4th Cir. 2013). · cites it 3× “§ 1347 (Count 1), and six counts of knowingly and willfully making false statements in connection with the delivery of and payment for health care services in violation of 18 U.S.C. § 1035 (a)(2) (Counts 2-7). 1 In the health care fraud charge, the government alleged that McLean…”
United States v. Michael Bikundi, Sr., 926 F.3d 761 (D.C. Cir. 2019). · cites it 2× “2 18 U.S.C. § 1035 (false statements in health care matters); 42 U.”
United States v. John Natale, 719 F.3d 719 (7th Cir. 2013). · cites it 3× “The jury acquitted Natale on the fraud counts but convicted him of making false statements in violation of 18 U.S.C. § 1035 . When charging the jury on the false statement counts, the trial court used instructions that seemingly permitted conviction for false statements…”
United States v. Harold Persaud, 866 F.3d 371 (6th Cir. 2017). · cites it 2× “§ 1347 , fourteen counts of making false statements relating to health-care matters, in violation of 18 U.S.C. § 1035 , and one count of money laundering, in violation of 18 U.”
Sell v. United States, 539 U.S. 166 (2003). “See 18 U. S. C. § 1035 (a)(2). A Federal Magistrate Judge (Magistrate), after ordering a psychiatric examination, found Sell “currently competent,” but noted that Sell might experience “a psychotic episode” in the future.”
United States v. Richard Paulus, 894 F.3d 267 (6th Cir. 2018). · cites it 2× “See 18 U.S.C. §§ 1035 (a)(2), 1347. It reasoned that that the "degree of stenosis" (i.”
United States v. Kathy Medlock, 792 F.3d 700 (6th Cir. 2015). · cites it 4× “§ 1347 ; (3) eighteen counts of making a false statement in connection with payment for health-care benefits, in violation of 18 U.S.C. § 1035 ; (4) two counts of wire fraud, in violation of 18 U.”
Dubin v. United States, 599 U.S. 110 (2023). “, 18 U. S. C. § 1035 (“[f]alse state- ments relating to health care matters,” setting no minimum sentence).”
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