18 U.S.C. § 285: Taking or using papers…

Summary

It is a crime to take, without permission, any government paper that was filed or kept to try to get money from the United States. That includes certificates, sworn statements, receipts, vouchers, powers of attorney, assignments, and other records, and it applies whether or not the paper was already used or the claim already paid. Trying to use those taken papers to get money or have a claim allowed is also illegal. The penalty can be a fine, up to five years in prison, or both.

Title 18, §285

Crimes and Criminal Procedure, Source: USLM XML via OLRC

Whoever, without authority, takes and carries away from the place where it was filed, deposited, or kept by authority of the United States, any certificate, affidavit, deposition, statement of facts, power of attorney, receipt, voucher, assignment, or other document, record, file, or paper prepared, fitted, or intended to be used or presented to procure the payment of money from or by the United States or any officer, employee, or agent thereof, or the allowance or payment of the whole or any part of any claim, account, or demand against the United States, whether the same has or has not already been so used or presented, and whether such claim, account, or demand, or any part thereof has or has not already been allowed or paid; or Whoever presents, uses, or attempts to use any such document, record, file, or paper so taken and carried away, to procure the payment of any money from or by the United States, or any officer, employee, or agent thereof, or the allowance or payment of the whole or any part of any claim, account, or demand against the United States— Shall be fined under this title or imprisoned not more than five years, or both.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 92 (Mar. 4, 1909, ch. 321, § 40, 35 Stat. 1096). Word “employee” was inserted after “officer” in two places to clarify scope of section. The words “five years” were substituted for “ten years” in the punishment provision to conform to like provisions in similar offenses. (See section 1001 of this title.) Changes were made in phraseology.

Editorial Notes

Amendments

1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000”.

§285 Taking or Using Papers Relating to Claims