18 U.S.C. § 1516

Obstruction of Federal audit

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(a) Whoever, with intent to deceive or defraud the United States, endeavors to influence, obstruct, or impede a Federal auditor in the performance of official duties relating to a person, entity, or program receiving in excess of $100,000, directly or indirectly, from the United States in any 1 year period under a contract or subcontract, grant, or cooperative agreement, or relating to any property that is security for a mortgage note that is insured, guaranteed, acquired, or held by the Secretary of Housing and Urban Development pursuant to any Act administered by the Secretary, or relating to any property that is security for a loan that is made or guaranteed under title V of the Housing Act of 1949, shall be fined under this title, or imprisoned not more than 5 years, or both.(b) For purposes of this section—(1) the term “Federal auditor” means any person employed on a full- or part-time or contractual basis to perform an audit or a quality assurance inspection for or on behalf of the United States; and(2) the term “in any 1 year period” has the meaning given to the term “in any one-year period” in section 666.(Added Pub. L. 100–690, title VII, § 7078(a), Nov. 18, 1988, 102 Stat. 4406; amended Pub. L. 103–322, title XXXII, § 320609, Sept. 13, 1994, 108 Stat. 2120; Pub. L. 104–294, title VI, § 604(b)(43), Oct. 11, 1996, 110 Stat. 3509; Pub. L. 105–65, title V, § 564, Oct. 27, 1997, 111 Stat. 1420; Pub. L. 106–569, title VII, § 709(b), Dec. 27, 2000, 114 Stat. 3018; Pub. L. 107–273, div. A, title II, § 205(c), Nov. 2, 2002, 116 Stat. 1778.)Editorial NotesReferences in Text

The Housing Act of 1949, referred to in subsec. (a), is act July 15, 1949, ch. 338, 63 Stat. 413. Title V of the Act is classified generally to subchapter III (§ 1471 et seq.) of chapter 8A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1441 of Title 42 and Tables.

Amendments

2002—Subsec. (a). Pub. L. 107–273 inserted “, entity, or program” after “person” and “grant, or cooperative agreement,” after “subcontract,”.

2000—Subsec. (a). Pub. L. 106–569 inserted “or relating to any property that is security for a loan that is made or guaranteed under title V of the Housing Act of 1949,” before “shall be fined under this title”.

1997—Subsec. (a). Pub. L. 105–65 inserted “or relating to any property that is security for a mortgage note that is insured, guaranteed, acquired, or held by the Secretary of Housing and Urban Development pursuant to any Act administered by the Secretary,” after “under a contract or subcontract,”.

1996—Subsec. (b)(1). Pub. L. 104–294 inserted “and” after semicolon at end.

1994—Subsec. (b). Pub. L. 103–322 substituted “section—” for “section”, inserted “(1)” before “the term”, substituted semicolon for the period at end, and added par. (2).

Statutory Notes and Related SubsidiariesEffective Date of 1996 Amendment

Amendment by Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104–294, set out as a note under section 13 of this title.

Notes of Decisions

Cited in 24 cases (3 in the last 5 years), 1992–2026 · leading case: United States of Am., Cross-Appellee v. John Canova, 412 F.3d 331 (2d Cir. 2005).

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United States of Am., Cross-Appellee v. John Canova, 412 F.3d 331 (2d Cir. 2005). · cites it 2× “§ 1001 , and to influence, obstruct, or impede a Medicare audit in violation of 18 U.S.C. § 1516 , see 18 U.S.C. § 371 ; (2) falsely representing in a December 6, 1999 letter to Medicare that Raytel was in compliance with Medicare specifications for testing pacemakers when he…”

United States v. Kaufman, 546 F.3d 1242 (10th Cir. 2008). · cites it 2× “§ 1341 ); one count of obstructing a federal audit (under 18 U.S.C. § 1516 ); and one count of criminal forfeiture (under 18 U.”

United States v. Shelton Barnes, 979 F.3d 283 (5th Cir. 2020). · cites it 2× “26 26 18 U.S.C. § 1516 (a). 9 Case: 18-31074 Document: 00515618613 Page: 10 Date Filed: 10/28/2020 No.”

United States v. Faux, 828 F.3d 130 (2d Cir. 2016). “§ 1347 , obstruction of a federal audit, in violation of 18 U.S.C. § 1516 , filing a false statement on a tax return, in violation of 26 U.”

United States v. McGovern, 329 F.3d 247 (1st Cir. 2003). · cites it 2× “§ 1347 (2000), as well as obstruction of a federal audit, 18 U.S.C. § 1516 , and money laundering, 18 U.”

United States v. Canova, 485 F.3d 674 (2d Cir. 2007). “§ 1001 and to obstruct a Medicare audit in violation of 18 U.S.C. § 1516 , see 18 U.S.C. § 371 ; two counts of making false statements in violation of 18 U.”

State v. Jones, 983 So. 2d 95 (La. 2008). “§ 1501 , obstruction of a federal audit, 18 U.S.C. § 1516 , obstruction of criminal investigations of health care offenses.”

United States v. Robert W. Whiteside, 285 F.3d 1345 (11th Cir. 2002). “The grand jury also charged Whiteside, Jarrell, and Neeb with false statement offenses and obstructing or impeding a federal auditor in performance of the auditor’s official duties, in violation of 18 U.S.C. §§ 1516 and 2. The indictment alleged that the conspiracy lasted from…”

In Re Paine, 625 S.E.2d 768 (Ga. 2006). “In his report, the special master found that Paine, who has been a member of the State Bar since 1973, entered a plea of guilty to a single violation of 18 USC § 1516 , a felony, on December 8, 2003, in the United States District Court for the District of South Carolina,…”

United States v. Hames, 185 F. App'x 318 (5th Cir. 2006). · cites it 3× “Similarly, a rational trier of fact could have found Lesa Hames guilty beyond a reasonable doubt of 18 U.S.C. § 1516 , which criminalizes the deception of a Federal auditor.”

Woldiger v. Atty Gen USA, 77 F. App'x 586 (3rd Cir. 2003). · cites it 3× “On July 5, 2000, Woldiger, pursuant to a plea agreement, pled guilty to Count Four, obstruction of a federal audit in violation of 18 U.S.C. § 1516 . District Judge, now Chief Judge, Edward R.”

United States v. Plasser Am. Corp., 57 F. Supp. 2d 140 (E.D. Pa. 1999). · cites it 8× “18 U.S.C. § 1516 . On April 15, 1999, both defendants pleaded guilty to Count One, wire fraud.”

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