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

18 U.S.C. § 1040

Fraud in connection with major disaster or emergency benefits

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(a) Whoever, in a circumstance described in subsection (b) of this section, knowingly—(1) falsifies, conceals, or covers up by any trick, scheme, or device any material fact; or(2) makes any materially false, fictitious, or fraudulent statement or representation, or makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or representation,in any matter involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with a major disaster declaration under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or an emergency declaration under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191), or in connection with any procurement of property or services related to any emergency or major disaster declaration as a prime contractor with the United States or as a subcontractor or supplier on a contract in which there is a prime contract with the United States, shall be fined under this title, imprisoned not more than 30 years, or both.(b) A circumstance described in this subsection is any instance where—(1) the authorization, transportation, transmission, transfer, disbursement, or payment of the benefit is in or affects interstate or foreign commerce;(2) the benefit is transported in the mail at any point in the authorization, transportation, transmission, transfer, disbursement, or payment of that benefit; or(3) the benefit is a record, voucher, payment, money, or thing of value of the United States, or of any department or agency thereof.(c) In this section, the term “benefit” means any record, voucher, payment, money or thing of value, good, service, right, or privilege provided by the United States, a State or local government, or other entity.(Added Pub. L. 110–179, § 2(a), Jan. 7, 2008, 121 Stat. 2556.)
Notes of Decisions
Cited in 21 cases (13 in the last 5 years), 2013–2026 · leading case: United States v. Scott Olsen, 760 F.3d 825 (8th Cir. 2014).
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United States v. Scott Olsen, 760 F.3d 825 (8th Cir. 2014). · cites it 6× “A jury convicted Scott Olsen of disaster fraud in violation of 18 U.S.C. § 1040 and false statements in violation of 18 U.”
United States v. Emiliya Radford (11th Cir. 2026). · cites it 4× “1(b)(2)(A)(iii); a two-level increase because the offense in- volved conduct described in 18 U.S.C. § 1040 , 3 id. § 2B1.1(b)(12); a two-level increase because Radford abused a position of trust or used a special skill, id.”
Kavanagh v. Hebron, 266 So. 3d 338 (La. Ct. App. 2019). “Count 1 of the indictment states that the defendants "did knowingly and willfully combine, conspire, confederate and agree together to commit offenses against the United States" in violation of 18 U.S.C. § 1040 "by knowingly and fraudulently making materially false, fictitious,…”
United States v. Tommy N. Tracy (11th Cir. 2020). · cites it 2× “Under 18 U.S.C. § 1040 , it is illegal to knowingly .”
United States v. Eric McMiller (4th Cir. 2023). · cites it 2× “That provision mandates an upward adjustment for offenses that involve “conduct described in 18 U.S.C. § 1040 ,” which in turn prohibits fraud “involving any benefit authorized, transported, transmitted, disbursed, or paid in connection with a major disaster declaration .”
United States v. David Redfern (4th Cir. 2023). · cites it 2× “That provision mandates an upward adjustment for offenses that involve “conduct described in 18 U.S.C. § 1040 ,” which in turn prohibits fraud “involving any benefit authorized, transported, transmitted, disbursed, or paid in connection with a major disaster declaration .”
United States v. Jesse Griffin (4th Cir. 2024). · cites it 2× “1(b)(12) enhancement was not properly applied to Griffin, the court still would have imposed the same sentence to appropriately account for “the nature and circumstances of 4 That provision mandates an upward adjustment for offenses that involve “conduct described in 18 U.S.C. §…”
Williams v. La Vie Residences (D. Nev. 2024). · cites it 2× “27 Here, as the party seeking to invoke the Court’s jurisdiction, Plaintiff bears the burden of establishing 1 Plaintiff’s Complaint states “Jurisdiction … 18 U.S.C. § 1040 … Fraud in connection with 2 major disaster or emergency benefits.”
United States v. Ryan Stevens (3rd Cir. 2018). “On March 7, 2013, Stevens pled guilty to a single count of disaster benefits fraud in violation of 18 U.S.C. § 1040 . Stevens was ordered to pay $15,487.”
United States v. Chad Lightfoot (5th Cir. 2020). “Lightfoot ultimately was convicted of a single count of fraud in connection with a major disaster or emergency benefits in violation of 18 U.S.C. § 1040 . He was sentenced to 71 months of * Pursuant to 5TH CIR.”
United States v. Harris, 349 F. Supp. 3d 221 (E.D.N.Y 2018). “§ 1343 ; one count of disaster relief fraud in connection with her scheme to defraud FEMA, 18 U.S.C. §§ 1040 (a)(2), (b)(1), (b)(2), and (b)(3) ; and one count of witness tampering, 18 U.”
Kavanagh v. Hebron, 266 So. 3d 338 (La. Ct. App. 2019). “Count 1 of the indictment states that the defendants "did knowingly and willfully combine, conspire, confederate and agree together to commit offenses against the United States" in violation of 18 U.S.C. § 1040 "by knowingly and fraudulently making materially false, fictitious,…”
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