HR 1667 IHCommentsClose CommentsPermalink

To prohibit profiteering and fraud relating to military action, relief, and reconstruction efforts, and for other purposes.CommentsClose CommentsPermalink

March 23, 2009CommentsClose CommentsPermalink

Mr. ABERCROMBIE introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To prohibit profiteering and fraud relating to military action, relief, and reconstruction efforts, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘War Profiteering Prevention Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. PROHIBITION OF PROFITEERING.

(a) Prohibition-CommentsClose CommentsPermalink





(1) IN GENERAL- Chapter 47 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink

‘Sec. 1041. War profiteering and fraud

‘(a) Prohibition- Whoever, in any matter involving a contract with, or the provision of goods or services to, the United States or a provisional authority, in connection with a mission of the United States Government overseas, knowingly--CommentsClose CommentsPermalink





‘(1)(A) executes or attempts to execute a scheme or artifice to defraud the United States or that authority; orCommentsClose CommentsPermalink





‘(B) materially overvalues any good or service with the intent to defraud the United States or that authority;CommentsClose CommentsPermalink





shall be fined not more than $1,000,000 or imprisoned not more than 20 years, or both; orCommentsClose CommentsPermalink





‘(2) in connection with the contract or the provision of those goods or services--CommentsClose CommentsPermalink





‘(A) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;CommentsClose CommentsPermalink





‘(B) makes any materially false, fictitious, or fraudulent statements or representations; orCommentsClose CommentsPermalink





‘(C) makes or uses any materially false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;CommentsClose CommentsPermalink





shall be fined not more than $1,000,000 or imprisoned not more than 10 years, or both.CommentsClose CommentsPermalink





‘(b) Extraterritorial Jurisdiction- There is extraterritorial Federal jurisdiction over an offense under this section.CommentsClose CommentsPermalink





‘(c) Venue- A prosecution for an offense under this section may be brought--CommentsClose CommentsPermalink





‘(1) as authorized by chapter 211 of this title;CommentsClose CommentsPermalink





‘(2) in any district where any act in furtherance of the offense took place; orCommentsClose CommentsPermalink





‘(3) in any district where any party to the contract or provider of goods or services is located.’.CommentsClose CommentsPermalink





(2) TABLE OF SECTIONS- The table of sections for chapter 47 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





‘1041. War profiteering and fraud.’.CommentsClose CommentsPermalink





(b) Criminal Forfeiture- Section 982(a)(2)(B) of title 18, United States Code, is amended by striking ‘or 1030’ and inserting ‘1030, or 1041’.CommentsClose CommentsPermalink





(c) Money Laundering- Section 1956(c)(7)(D) of title 18, United States Code, is amended by inserting ‘section 1041 (relating to war profiteering and fraud),’ after ‘liquidating agent of financial institution),’.CommentsClose CommentsPermalink





(d) RICO- Section 1961(1) of title 18, United States Code, is amended by inserting ‘section 1041 (relating to war profiteering and fraud),’ after ‘in connection with access devices),’.CommentsClose CommentsPermalink