45 U.S.C. § 359

Penalties

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(a) Failure to make report or furnish information; false or fraudulent statement or claim

Any officer or agent of an employer, or any employee representative, or any employee acting in his own behalf, or any person whether or not of the character hereinbefore defined, who shall willfully fail or refuse to make any report or furnish any information required by the Board in the administration of this chapter, or who shall knowingly make or aid in making or cause to be made any false or fraudulent statement or report when a statement or report is required to be made for the purposes of this chapter, or who shall knowingly make or aid in making or cause to be made any false or fraudulent statement or claim for the purpose of causing benefits or other payment to be made or not to be made under this chapter, shall be punished by a fine of not more than $10,000 or by imprisonment not exceeding one year, or both.

(b) Agreement by employee to bear employer’s contribution

Any agreement by an employee to pay all or any portion of the contribution required of his employer under this chapter shall be void, and it shall be unlawful for any employer, or officer or agent of an employer, to make, require, or permit any employee to bear all or any portion of such contribution. Any employer, or officer or agent of an employer, who violates any provision of this subsection shall be punished for each such violation by a fine of not more than $10,000 or by imprisonment not exceeding one year, or both.

Any person who violates any provision of this chapter, the punishment for which is not otherwise provided, shall be punished for each such violation by a fine of not more than $1,000 or by imprisonment not exceeding one year, or both.

(d) Payment and disposition of fines or penalties

All fines and penalties imposed by a court pursuant to this chapter shall be paid to the court and be remitted from time to time by order of the judge to the Treasury of the United States to be credited to the account.

(June 25, 1938, ch. 680, § 9, 52 Stat. 1103.)Editorial NotesReferences in Text

This chapter, referred to in text, was in the original “this Act”, meaning act June 25, 1938, ch. 680, 52 Stat. 1094, which enacted this chapter and amended sections 503 and 1104 and former section 1107 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 367 of this title and Tables.

Notes of Decisions

Cited in 6 cases, 1962–1998 · leading case: United States v. Wells, 519 U.S. 482 (1997).

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United States v. Wells, 519 U.S. 482 (1997). · cites it 2× “§ 231 (l) (a) (penalizing knowing false statement in report required by subchapter on Rail Road Retirement Accounts); 45 U. S. C. § 359 (a) (penalizing knowing false statement to obtain unemployment insurance); 49 U.”

United States v. Michael E. Gaudin, 28 F.3d 943 (9th Cir. 1994). “§ 231 (1 )(a) (penalizing knowing false statement in report required by sub-chapter on Rail Road Retirement Accounts); 45 U.S.C. § 359 (a) (penalizing knowing false statement to obtain unemployment insurance); 49 U.”

People v. Lewis, 693 N.E.2d 916 (Ill. App. Ct. 1998). · cites it 3× “Defendant moved to dismiss the charges, arguing that section 359(a) of the Railroad Unemployment Insurance Act ( 45 U.S.C.A. § 359 (a) (West 1986)), which imposes a penalty for fraudulently obtaining benefits, preempts state criminal prosecutions for the same conduct.”

United States v. Ronald J. Colt, 126 F.3d 981 (7th Cir. 1997). · cites it 2× “After being charged by an information, Ronald Colt pleaded guilty to the misdemeanor offense of submitting false unemployment claims with the United States Railroad Retirement Board, in violation of 45 U.S.C. § 359 (a). Colt was sentenced to seven months in prison and one year…”

Frank Mahon v. The Reading Co., 367 F.2d 25 (3rd Cir. 1966). “See § 9(a) of the Act, 45 U.S.C.A. § 359 (a). . See 20 C.F.R. (Rev’d Jan.”

Eugene W. Beadnell v. United States of Am., Gary S. Clemens v. United States, 303 F.2d 87 (9th Cir. 1962). “Thus each count of each information charged a violation of § 9(a) of the Railroad Unemployment Insurance Act, 45 U.S.C.A. § 359 (a), which provides that, “any person * * * who shall knowingly make * * * any false or fraudulent statement * * * for the purpose of causing benefits…”

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