U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 63— MAIL FRAUD AND OTHER FRAUD OFFENSES

18 U.S.C. § 1351

Fraud in foreign labor contracting

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(a)Work Inside the United States.—Whoever knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States or causes another person to recruit, solicit, or hire a person outside the United States, or attempts to do so, for purposes of employment in the United States by means of materially false or fraudulent pretenses, representations or promises regarding that employment shall be fined under this title or imprisoned for not more than 5 years, or both.(b)Work Outside the United States.—Whoever knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States or causes another person to recruit, solicit, or hire a person outside the United States, or attempts to do so, for purposes of employment performed on a United States Government contract performed outside the United States, or on a United States military installation or mission outside the United States or other property or premises outside the United States owned or controlled by the United States Government, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment, shall be fined under this title or imprisoned for not more than 5 years, or both.(Added Pub. L. 110–457, title II, § 222(e)(2), Dec. 23, 2008, 122 Stat. 5070; amended Pub. L. 112–239, div. A, title XVII, § 1706(a), Jan. 2, 2013, 126 Stat. 2097.)Editorial NotesAmendments

2013—Subsec. (a). Pub. L. 112–239, § 1706(a)(1), which directed substitution of “(a) Work Inside the United States.—Whoever knowingly and with intent to defraud recruits, solicits, or hires a person outside the United States or causes another person to recruit, solicit, or hire a person outside the United States, or attempts to do so,” for “Whoever knowingly and with the intent to defraud recruits, solicits or hires a person outside the United States”, was executed by making the substitution for “Whoever knowingly and with intent to defraud recruits, solicits or hires a person outside the United States” to reflect the probable intent of Congress.

Subsec. (b). Pub. L. 112–239, § 1706(a)(2), added subsec. (b).

Statutory Notes and Related SubsidiariesEffective Date of 2013 Amendment

Amendment by Pub. L. 112–239 effective Jan. 2, 2013 and applicable to conduct taking place on or after Jan. 2, 2013, see section 7104d(c)(3) of Title 22, Foreign Relations and Intercourse.

Notes of Decisions
Cited in 21 cases (10 in the last 5 years), 1969–2024 · leading case: United States v. Albert Louis Lipscomb, Cross-Appellee, 299 F.3d 303 (5th Cir. 2002).
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United States v. Albert Louis Lipscomb, Cross-Appellee, 299 F.3d 303 (5th Cir. 2002). “This jurisdictional language in the proposed bribery section would have been the new 18 U.S.C. § 1351 (c)(6). See S. 1630, 97th Cong.”
United States v. Yannai, 791 F.3d 226 (2d Cir. 2015). “§ 1589 ; fraud in foreign labor contracting, in violation of 18 U.S.C. § 1351 ; importation of aliens for immoral purposes, in violation of 8 U.”
United States v. Jo Ann Williams, 594 F.2d 86 (5th Cir. 1979). “18 U.S.C.A. § 1351 of the Bail Reform Act expressly reserves to the court its traditional powers to punish for contempt.”
United States v. Michael Lynn Clark, 412 F.2d 885 (5th Cir. 1969). “18 U.S.C.A. § 1351 of the Bail Reform Act expressly reserves to the court its traditional powers to punish for contempt.”
United States v. Simpson, 929 F. Supp. 2d 177 (E.D.N.Y. 2013). “§§ 1326 (a), 1326(b)(2) and 18 U.S.C. §§ 1351 et seq. (Doc. No. 9.) On April 3, 2012, the government moved in limine to exclude evidence regarding Simpson’s anticipated defense that he derived United States citizenship from his mother.”
Carmen v. Health Carousel, LLC, No. 1:20-cv-00313, 2023 WL 5104066 (S.D. Ohio Aug. 9, 2023). · cites it 5× “§ 1962 predicated on Fraud in Foreign Labor Contracting under 18 U.S.C. § 1351 ; (6) Violations of the RICO Act predicated on Visa Fraud under 18 U.”
United States v. Sandra Bart, 888 F.3d 374 (8th Cir. 2018). “18 U.S.C. § 1351 . Both Cabrera and Svihel pled guilty to conspiracy to commit fraud in foreign labor contracting.”
Vinayagam v. US Dept Labor-Adminisrative Review Bd., No. 2:18-cv-01206 (D. Nev. Mar. 31, 2023). · cites it 2× “The Second Cause of Action is against Defendants Eis and Cronous 13 for fraud in foreign labor contracting in violation of 18 U.S.C. § 1351 . The Sixth Cause of Action 14 is against Defendant Swapna Pasham for perjury in violation of 18 U.”
Tijerina-Salazar v. Fermin, No. 4:19-cv-00074 (W.D. Tex. May 31, 2022). · cites it 2× “§ 1324 and 18 U.S.C. §§ 1351 and 1546, “reduc[ed] their labor costs under a series of annual H-2A visa applications .”
United States v. David Phan, No. 18-10099 (9th Cir. June 18, 2019). “§ 1341 ), fraud in foreign labor contracting ( 18 U.S.C. § 1351 ), and use or possession of * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.”
United States v. Mohammed Islam, No. 18-10096 (9th Cir. Nov. 26, 2019). “§ 1341 , and three counts of fraud in foreign labor contracting, in violation of 18 U.S.C. § 1351 (a). We affirm. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.”
USA v. Sharmistha Barai, No. 20-10318 (9th Cir. Dec. 20, 2022). “Kartan was also convicted of fraud in foreign labor contracting in violation of 18 U.S.C. § 1351 (a). Barai and Kartan challenge their convictions and sentences.”
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