§1351 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

It is a crime for someone outside the United States who knowingly intends to cheat to recruit, solicit, hire, cause someone else to recruit, or try to do any of those things by using important lies or fake promises about a job. This covers recruiting for work in the United States and recruiting for work on U.S. government contracts, U.S. military sites or missions, or other U.S.-owned or controlled property outside the United States. A person who does this can be fined under federal law, jailed for up to 5 years, or both.

Title 18, §1351

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)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)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

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 Subsidiaries

Effective Date

of 2013 AmendmentAmendment 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.

§1351 Fraud in foreign labor contracting