or any part thereof, received, or paid by virtue of any false, forged, or counterfeited power of attorney, authority, or instrument, shall be fined not more than five thousand dollars and imprisoned not more than ten years. Sec. 34, act of Mar. 4, 1909 (35 Stat. 1095); 18 U. S. C. 79.

806. False claims against the United States (Criminal Code, sec. 35).-(A) Whoever shall make or cause to be made, or present or cause to be presented, for payment or approval, to or by any person or officer in the civil, military, or naval service of the United States, or any department thereof, or any corporation in which the United States of America is a stockholder, any claim upon or against the Government of the United States, or any department or officer thereof, or any corporation in which the United States of America is a stockholder, knowing such claim to be false, fictitious, or fraudulent; or whoever shall knowingly and willfully falsify or conceal or cover up by any trick, scheme, or device a material fact, or make or cause to be made any false or fraudulent statements or representations, or make or use or cause to be made or used any false bill, receipt, voucher, roll, account, claim, certificate, affidavit, or deposition, knowing the same to contain any fraudulent or fictitious statement or entry in any matter within the jurisdiction of any department or agency of the United States or of any corporation in which the United States of America is a stockholder; or whoever shall enter into any agreement, combination, or conspiracy to defraud the Government of the United States, or any department or officer thereof, or any corporation in which the United States of America is a stockholder, by obtaining or aiding to obtain the payment or allowance of any false or fraudulent claim; and whoever, having charge, possession, custody, or control of any money or other public property used or to be used in the military or naval service, with intent to defraud the United States, or any department thereof, or any corporation in which the United States of America is a stockholder, or willfully to conceal such money or other property, shall deliver or cause to be delivered to any person having authority to receive the same any amount of such money or other property less than that for which he received a certificate or took a receipt; or whoever, being authorized to make or deliver any certificate, voucher, receipt, or other paper certifying the receipt of arms, ammunition, provisions, clothing, or other property so used or to be used, shall make or deliver the same to any other person without a full knowledge of the truth of the facts stated therein and with intent to defraud the United States, or any department thereof, or any corporation in which the United States of America is a stockholder, shall be fined not more than $10,000 or imprisoned not more than ten years, or both.

(C) And whoever shall take and carry away or take for his use, or for the use of another, with intent to steal or purloin, or shall willfully injure or commit any depredation against, any property of the United States, or any branch or department thereof, or any corporation in which the United States of America is a stockholder, or any property which has been or is being made, manufactured, or constructed under contract for the War or Navy Departments of the United States, shall be punished as follows: If the value of such property exceeds the sum of $50, by a fine of not more than $10,000 or imprisonment for not more than ten years, or both; if the value of such property does not exceed the sum of $50, by a fine of not more than $1,000 or by imprisonment in a jail for not more than one year, or both. Value, as used in this section, shall mean market value or cost price, either wholesale or retail, whichever shall be the greater. Sec. 35, act of Mar. 4, 1909 (35 Stat. 1095); act of Oct. 23, 1918 (40 Stat. 1015); act of June 18, 1934 (48 Stat. 996); act of Apr. 4, 1938 (52 Stat. 197); 18 U. S. C. 80, 82, 83, 84, 85.

Notes of Decisions

Offenses and elements in general.-The making of false statements in written application for civil-service examination is not within this section. U. S. ex rel. Starr v. Mulligan (C. C. A.. 1932), 59 F. (2d) 200.

Agreement by which defendant was to use Army supply base and was to pay percentage of net receipts for repair and improvement of base under supervision of Quartermaster General did not give the United States property interest in moneys derived by defendant from its operation of base, and hence defendant's false account of revenues and expenses was not "false claim" against United States on which statutory informer's action could be based (31 U. S. C. A. 231; 18 U. S. C. A. 80; 41 U. S. C. A. 12). United States v. Mercur Corporation (C. C. A. 1936), 83 F. (2d) 178.

fenders need not be claimants, who present claims against the Government, but include others, like taxpayers who cause pecuniary or property loss to the Government by willfully concealing by some trick, etc., a material fact. Capone v. U. S. (C. C. A., 1931), 51 F. (2d) 609, certiorari denied (1931), 284 U. S. 669.

Larceny. Sentence of imprisonment for seven years for stealing Government's automatic pistols which were to be used in military service, Held not excessive on ground that maximum sentence of imprisonment authorized by statute providing punishment for larceny of personalty belonging to United States is five years, where indictment alleged elements of offense of larceny of arms to be used for military service under statute fixing maximum imprisonment at ten years (Cr. Code secs. 36, 47 (18 U. S. C. A. secs. 87, 100)). Price v. U. S. (C. C. A., 1934), 74 F. (2d) 120; certiorari denied (1935), 294 U. S. 720.

Amendment of 1918.-The amendment of 1918 included in this section those offenders who, by their cheating, swindling, or defrauding, caused a "pecuniary or property loss" to the Government. This latter class of of807. Purchase or receipt in pledge of property issued to a soldier (Criminal Code, sec. 35).—* * And whoever shall purchase, or receive in pledge, from any person any arms, equipment, ammunition, clothing, military stores, or other property furnished by the United States, under a clothing allowance or otherwise, to any soldier, sailor, officer, cadet, or midshipman in the military or naval service of the United States or of the National Guard or Naval Militia, or to any person accompanying, serving, or retained with the land or naval forces and subject to military or naval law, having knowledge or reason to believe that the property has been taken from the possession of the United States or furnished by the United States under such allowance, shall be fined not more than $500 or imprisoned not more than two years, or both. Sec. 35, act of Mar. 4, 1909 (35 Stat. 1095); act of Oct. 23, 1918 (40 Stat. 1016); act of June 18, 1934 (48 Stat. 997); act of Apr. 4, 1938 (52 Stat. 197); 18 U. S. C. 86.

808. Embezzlement of military stores (Criminal Code, sec. 36).-Whoever shall steal, embezzle, or knowingly apply to his own use, or unlawfully sell, convey, or dispose of, any ordnance, arms, ammunition, clothing, subsistence, stores, money, or other property of the United States, furnished or to be used for the military or naval service, shall be punished as prescribed in the preceding section. Sec. 36, act of Mar. 4, 1909 (35 Stat, 1096); 18 U. S. C. 87.

The "preceding section" above referred to is found in 806 and 807, ante.

This section has been held unenforceable, in several instances, because of the indefinite nature of the penal clause. The Attorney General directed, by Circular No. 308 of 1912, that no more prosecutions be brought under this section.

809. Conspiring to commit offense against United States (Criminal Code, sec. 37).—If two or more persons conspire either to commit any offense against the United States, or to defraud the United States in any manner or for any purpose, and one or more of such parties do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be fined not more than ten thousand dollars, or imprisoned not more than two years, or both. Sec. 37, act of Mar. 4, 1909 (35 Stat. 1096); 18 U. S. C. 88.

Notes of Decisions

Overt act, as well as circumstances under which it is committed, may be considered in connection with other evidence in determin

Proof.-Overt act need not be substantive | 299 U. S. 557; rehearing denied (1936), 299 offense to furnish proof of conspiracy, but U. S. 622. need only be independent act subsequent to formation of conspiracy and in furtherance thereof. Hoeppel v. U. S. (App. D. C., 1936), 85 F. (2d) 237; certiorari denied (1936), | ing whether conspiracy existed. Id. 810. Bribery (Criminal Code, sec. 39).-Whoever shall promise, offer, or give, or cause or procure to be promised, offered, or given, any money or other thing of value, or shall make or tender any contract, undertaking, obligation, gratuity, or security for the payment of money, or for the delivery or conveyance of anything of value, to any officer of the United States, or to any person acting for or on behalf of the United States in any official function, under or by authority of any department or office of the Government thereof, or to any officer or person acting for or on behalf of either House of Congress, or of any committee of either House, or both Houses thereof, with intent to influence his decision or action on any question, matter, cause, or proceeding which may at any time be pending, or which may by law be brought before him in his official capacity, or in his place of trust or profit, or with intent to influence him to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States, or to induce him to do or omit to do any act in violation of his lawful duty, shall be fined not more than three times the amount of money or value of the thing so offered, promised, given, made, or tendered, or caused or procured to be so offered, promised, given, made, or tendered, and imprisoned not more than three years. Sec. 39, act of Mar. 4, 1909 (35 Stat. 1096); 18 U. S. C. 91.

This section is similar to R. S. 5451, which was repealed by sec. 341 of the above act. 811. Unlawfully taking or using papers pertaining to claims (Criminal Code, sec. 40).—Whoever shall take and carry away, without authority from the United States, from the place where it has been filed, lodged, or deposited, or where it may for the time being actually be kept by authority of the United States, any certificate, affidavit, deposition, written 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 in order to procure the payment of money from or by the United States or any officer 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 shall present, use, or attempt to use, any such document, record, file, or paper so taken and carried away, in order to procure the payment of any money from or by the United States, or any officer 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 not more than five thousand dollars, or imprisoned not more than ten years, or both. Sec. 40, act of Mar. 4, 1909 (35 Stat. 1096); 18 U. S. C. 92.

812. Interested persons acting as Government agents (Criminal Code, sec. 41).— No officer or agent of any corporation, joint stock company, or association, and no member or agent of any firm, or person directly or indirectly interested in the pecuniary profits or contracts of such corporation, joint stock company, association, or firm, shall be employed or shall act as an officer or agent of the United States for the transaction of business with such corporation, joint stock company, association, or firm. Whoever shall violate the provision of this section shall be

fined not more than two thousand dollars and imprisoned not more than two years. Sec. 41, act of Mar. 4, 1909 (35 Stal. 1097); 18 U. S. C. 93.

813. Enticing, persuading, or aiding to desert (Criminal Code, sec. 42).--Whoever shall entice or procure, or attempt or endeavor to entice or procure, any soldier in the military service, or any seaman or other person in the naval service of the United States, or who has been recruited for such service, to desert therefrom, or shall aid any such soldier, seaman, or other person in deserting or in attempting to desert from such service; or whoever shall harbor, conceal, protect, or assist any such soldier, seaman, or other person who may have deserted from such service, knowing him to have deserted therefrom, or shall refuse to give up and deliver such soldier, seaman, or other person on the demand of any officer authorized to receive him, shall be imprisoned not more than three years and fined not more than two thousand dollars. Sec. 42, act of Mar. 4, 1909 (35 Stat. 1097); 18 U. S. C. 94.

For provision covering like offense by a person subject to military law, see A. W. 59, ante, 417.

814. Enticing workmen (Criminal Code, sec. 43).-Whoever shall procure or entice any artificer or workman retained or employed in any arsenal or armory, to depart from the same during the continuance of his engagement, or to avoid or break his contract with the United States; or whoever, after due notice of the engagement of such workman or artificer, during the continuance of such engagement, shall retain, hire, or in anywise employ, harbor, or conceal such artificer or workman, shall be fined not more than fifty dollars, or imprisoned not more than three months, or both. Sec. 43, act of Mar. 4, 1909 (35 Stat. 1097); 18 U. S. C. 95. 815. Injuries to fortifications or harbor defenses; defensive sea areas (Criminal Code, sec. 44).-Whoever shall willfully trespass upon, injure, or destroy any of the works or property or material of any submarine mine or torpedo or fortification or harbor-defense system owned or constructed or in process of construction by the United States, or shall willfully interfere with the operation or use of any such submarine mine, torpedo, fortification, or harbor-defense system, or shall knowingly, willfully, or wantonly violate any duly authorized and promulgated order or regulation of the President governing persons or vessels within the limits of defensive sea areas, which defensive sea areas are hereby authorized to be established by order of the President from time to time as may be necessary in his discretion for purposes of national defense, shall be punished on conviction thereof in a district or circuit court of appeals of the United States for the district or circuit in which the offense is committed, or into which the offender is first brought, by a fine of not more than $5,000, or by imprisonment for a term not exceeding five years, or by both, in the discretion of the court: Provided, That offenses hereunder committed within the Canal Zone or within any defensive sea areas which the President is authorized to establish by said section, shall be cognizable in the District Court of the Canal Zone, and jurisdiction is hereby conferred upon said court to hear and determine all such cases arising under said section and to impose the penalties therein provided for the violation of any of the provisions of said section. Sec. 44, act of Mar. L, 1909 (35 Stat. 1097); act of Mar. 4, 1917 (39 Stat. 1194); sec. 19, act of May 22, 1917 (40 Stat. 89); 18 U. S. C. 96.

The area of water surrounding San Clemente Island, California, was established as a "defensive sea area" by Executive Order No. 7747, November 29, 1937.

816. Unlawfully entering military reservation (Criminal Code, sec. 45).Whoever shall go upon any military reservation, army post, fort, or arsenal, for any purpose prohibited by law or military regulation made in pursuance of law,

or whoever shall reenter or be found within any such reservation, post, fort, or arsenal, after having been removed therefrom or ordered not to reenter by any officer or person in command or charge thereof, shall be fined not more than five hundred dollars, or imprisoned not more than six months, or both. Sec. 45, act of Mar. 4, 1909 (35 Stat. 1097); 18 U. S. C. 97.

817. Robbery or larceny of personal property of the United States (Criminal Code, sec. 46).—Whoever shall rob another of any kind or description of personal property belonging to the United States, or shall feloniously take and carry away the same, shall be fined not more than five thousand dollars, or imprisoned not more than ten years, or both. Sec. 46, act of Mar. 4, 1909 (35 Stat. 1097); 18 U. S. C. 99.

Notes of Decisions

Postage stamps.-Postage stamps remaining in the possession of the United States unissued are personal property belonging to the United States and may be the subject of larceny under this section. Morrison v. White (C. C. A., 1929), 34 F. (2d) 244.

Indictment. On contention indictment for robbery of money orders from post office was under law other than that under which sentence was imposed, remedy was writ of

error, not habeas corpus. Dockter v. White (C. C. A., 1928), 25 F. (2d) 74.

Indictment alleging that personal property belonging to the United States consisting of stamps, stamped envelopes, postal cards, and money was stolen from a building used in part as a post-office building of the United States is sufficient without also alleging that they were "property in use by or belonging to the post-office department." Morrison v. White (C. C. A., 1929), 34 F. (2d) 244.

818. Embezzling public moneys or other property (Criminal Code, sec. 47).— Whoever shall embezzle, steal, or purloin any money, property, record, voucher, or valuable thing whatever, of the moneys, goods, chattels, records or property of the United States, shall be fined not more than five thousand dollars or imprisoned not more than five years, or both. Sec. 47, act of Mar. 4, 1909 (35 Stat. 1097); 18 U. S. C. 100.

819. Receiving stolen public property (Criminal Code, sec. 48).-Whoever shall receive, conceal, or aid in concealing, or shall have or retain in his possession with intent to convert to his own use or gain, any money, property, record, voucher, or valuable thing whatever, of the moneys, goods, chattels, records, or property of the United States, which has theretofore been embezzled, stolen, or purloined by any other person, knowing the same to have been so embezzled, stolen, or purloined, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both; and such person may be tried either before or after the conviction of the principal offender. Sec. 48, act of Mar. 4, 1909 (35 Stat. 1098); 18 U. S. C. 101.

Notes of Decisions

Exclusiveness of Federal jurisdiction.— State courts held to have jurisdiction of crime, of receiving stolen property belonging to United States. Ex parte Groom (Mont.. 1930), 287 P. 638.

Property of United States.-Whisky stolen from Government warehouse after seizure and attachment on libel for forfeiture is "property of the United States" within this section. Roma v. U. S. (C. C. A., 1931), 53 F. (2d) 1007.

Admissibility of evidence.-Testimony that alleged thief told officer what he did with property held admissible, in prosecution for receiving it; substance of statement not be

ing shown. Shuman v. U. S. (C. C. A., 1927), 16 F. (2d) 457.

In prosecution for receiving and concealing stolen public property, question asking assistant post quartermaster whether there was government property which disappeared from fort and of which he found himself short held properly allowed over objection that no foundation had been laid; foundation having been laid by witness' testimony that all government property at fort was under his supervision and care and was checked in to him and checked out by him (Cr. Code sec. 48, 18 U. S. C. A. sec. 101). Girson v. U. S. (C. C. A., 1937), 88 F. (2d) 358.