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

Summary

Makes it a crime to knowingly and deliberately defraud people by recruiting, hiring, or trying to recruit workers outside the United States for jobs in the United States by using serious lies or false promises. It also covers causing someone else to do that or trying to do it. It also applies when the job is on a U.S. government contract abroad, on a U.S. military base or mission overseas, or on other U.S.-owned or controlled property abroad. A person who breaks this can be fined or imprisoned for not more than 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