18 U.S.C. § 874
Kickbacks from public works employees
Whoever, by force, intimidation, or threat of procuring dismissal from employment, or by any other manner whatsoever induces any person employed in the construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined under this title or imprisoned not more than five years, or both.
Notes of Decisions
Cited in 33
cases (2 in the last 5 years), 1948–2026 · leading case: United States v. Thomas Cameron Kincade, 379 F.3d 813 (9th Cir. 2004).
United States v. Thomas Cameron Kincade, 379 F.3d 813 (9th Cir. 2004). “§ 1368 ; the receipt of kick-backs from public works employees, 18 U.S.C. § 874 ; personal theft and robbery, 18 U.”
United States v. Elyakim G. Rosenblatt, 554 F.2d 36 (2d Cir. 1977). “§ 7201 , and taking kickbacks on government con *40 tracts, 18 U.S.C. § 874 , 4 but since no one else agreed to commit those offenses, a conviction for conspiracy to commit them could not stand.”
United States v. Philip A. McLennan & Fred H. Bender, 563 F.2d 943 (9th Cir. 1977). “The defense moved to dismiss that part on the ground that the Copeland Act did not apply to the facts alleged by the govern *949 ment. Initially, the trial judge denied the motion and thus, during the presentation of the government’s case, there were some references by witnesses…”
Cohen v. JP Morgan Chase & Co., 498 F.3d 111 (2d Cir. 2007). “Similarly, Congress’s prohibition of the use of force to induce any person employed on a federally funded construction project to "give up any part of the compensation to which he is entitled under his contract of employment,” 18 U.”
Korenyi v. Dept. of Sanitation of City of New York, 699 F. Supp. 388 (E.D.N.Y 1988). “Kore-nyi also attacks that portion of his employment contract requiring non-resident City employees to pay to the City an amount equal to the City personal income tax paid by resident employees as violative of the Federal Kickback Act, 18 U.S.C. § 874 (1976). A pendent state…”
Idaho Bldg. & Constr. Trades Council, AFL-CIO v. Inland Pac. Chapter of Associated Builders & Contractors, Inc., 801 F.3d 950 (9th Cir. 2015). “The Copeland Act, 18 U.S.C. § 874 , provides criminal penalties for conduct related to Davis-Bacon — but only for “forcing employees to ‘kickback’ wages to their employer.”
Mello v. DaLomba, 798 A.2d 405 (R.I. 2002). “2 provides that: “Any person who by force, intimidation, or threat of procuring dismissal from employment * * * induces any person employed in the construction, completion, or repair of any public building, public work, or building or work financed in whole or in part by loans…”
United States v. Delmer Porter, Kenneth A. Berdick, M.D. & Myron Teitelbaum, M.D., 591 F.2d 1048 (5th Cir. 1979). “18 U.S.C. § 874 proscribes kickbacks from public works employees.”
Smith v. Smith, 154 F.R.D. 661 (N.D. Tex. 1994). “The defendant was one of two persons charged with participating in the use of extortionate means to collect, or attempt to collect, an extension of credit, in violation of 18 U.S.C. § 874 . Id. at 101 . A particular section of the applicable state law created a privilege of…”
James Slater v. United States, 562 F.2d 58 (1st Cir. 1976). “§ 371 , and the second with violating the Kickback Act, 18 U.S.C. § 874 . On appeal, he makes two arguments: that the Kickback Act cannot be applied to the facts of his case, and that the two statutes are so inherently contradictory that he cannot be convicted of violating both.”
Bldg. & Constr. Trades Dep't v. Reich, 40 F.3d 1275 (D.C. Cir. 1994). “The Copeland Act, 18 U.S.C. § 874 (1988), provides criminal penalties for anyone who forces a construction worker employed on a public project to give up any part of the compensation to which he is entitled under his employment contract.”
Spatola v. United States, 741 F. Supp. 362 (E.D.N.Y 1990). “§ 371 (conspiracy to violate laws of United States); 18 U.S.C. § 874 (kickbacks from public works employees); 18 U.”
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