Whoever, being a Member of or Delegate to Congress, or a Resident Commissioner, either before or after he has qualified, directly or indirectly, himself, or by any other person in trust for him, or for his use or benefit, or on his account, undertakes, executes, holds, or enjoys, in whole or in part, any contract or agreement, made or entered into in behalf of the United States or any agency thereof, by any officer or person authorized to make contracts on its behalf, shall be fined under this title.
All contracts or agreements made in violation of this section shall be void; and whenever any sum of money is advanced by the United States or any agency thereof, in consideration of any such contract or agreement, it shall forthwith be repaid; and in case of failure or refusal to repay the same when demanded by the proper officer of the department or agency under whose authority such contract or agreement shall have been made or entered into, suit shall at once be brought against the person so failing or refusing and his sureties for the recovery of the money so advanced.
Notes of Decisions
State v. Green Mountain Future, 2013 VT 87 (Vt. 2013).
· cites it 2× ““Contribution” and “expenditure” were defined in 18 U.S.C. § 431 (e) and (f), respectively.”
North Carolina Right to Life, Inc. v. Leake, 108 F. Supp. 2d 498 (E.D.N.C. 2000).
“at 663 (quoting former 18 U.S.C. § 431 (d)). For the purposes of this section, as discussed above, an expenditure was not limited to express advocacy disbursements.”
United States v. McMillan, 114 F. Supp. 638 (D.D.C. 1953).
“18 U.S.C. § 431 . The indictment is met by a plea of not guilty on the part of the defendant and while the present judge under assignment to the District of Columbia was presiding over trials at a criminal division of the court the present case came to trial.”
Negotiated Sale of Foreign Gifts to Members of Cong. (OLC 1981).
· cites it 7× “Negotiated Sale of Foreign Gifts to Members of Congress T he General Services Administration is authorized to negotiate the sale of gifts from foreign governments to their original recipients, including Members of Congress, not withstanding the general prohibition against…”
Applicability of 18 U.S.C. § 431 to Ltd. P'ship Interests in Gov't Leases (OLC 1998).
· cites it 4× “Applicability of 18 U.S.C. § 431 to Limited Partnership Interests in Government Leases A m odified version o f the proposed real estate transaction described in the February 17, 1998 opinion that gives the blind trusts no interest in any governm ent contracts is perm issible…”
Applicability of 18 U.S.C. § 207(a) to the Union Station Dev. Corp. (OLC 1988).
“More helpful is the discussion of the definition of “agency of the United States” in this Office’s opinion finding the Federal National Mortgage Association (“FNMA”) an agency of the United States for the purposes of 18 U.S.C. § 431 . Section 431, another conflict of interest…”
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