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feited deed, power or attorney, order, certificate, receipt, contract, or other writing, for the purpose of enabling another to obtain from the United States, or from any officer or agent thereof, any sum of money, shall be fined not more than $500 or imprisoned not more than five years, or both. (Mar. 4, 1909, ch. 321, § 30, 35 Stat. 1094.)

DERIVATION

R. S. § 5422, which was revised from act Mar. 3, 1823, ch. 38, 3 Stat. 772, and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 75. (Criminal Code, section 31.) Officer making false acknowledgments.-Whoever, being an officer authorized to administer oaths or to take and certify acknowledgments, shall knowingly make any false acknowledgment, certificate, or statement concerning the appearance before him or the taking of an oath or affirmation by any person with respect to any proposal, contract, bond, undertaking, or other matter submitted to, made with, or taken on behalf of the United States, and concerning which an oath or affirmation is required by law or regulation made in pursuance of law, or with respect to the financial standing of any principal, surety, or other party to any such proposal, contract, bond, undertaking, or other instrument, shall be fined not more than $2,000 or imprisoned not more than two years, or both. (Mar. 4, 1909, ch. 321, § 31, 35 Stat. 1094.)

§ 76. (Criminal Code, section 32.) Falsely pretending to be United States officer.-Whoever, with intent to defraud either the United States or any person, shall falsely assume or pretend to be an officer or employee acting under the authority of the United States, or any department, or any officer of the Government thereof, or under the authority of any corporation owned or controlled by the United States, and shall take upon himself to act as such, or shall in such pretended character demand or obtain from any person or from the United States, or any department, or any officer of the Government thereof, or any corporation owned or controlled by the United States, any money, paper, document, or other valuable thing, shall be fined not more than $1,000 or imprisoned not more than three years, or both. (Apr. 18, 1884, ch. 26, 23 Stat. 11; Mar. 4, 1909, ch. 321, § 32, 35 Stat. 1095; Feb. 28, 1938, ch. 37, 52 Stat. 83.)

DERIVATION

Act Apr. 18, 1884, ch. 26, 23 Stat. 11, which was repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 76a. Prohibition of reproduction of official badges, identification cards, and other insignia.-Hereafter the manufacture, sale, or possession of any badge, identification card, or other insignia, of the design prescribed by the head of any department or independent office of the United States for use by any officer or subordinate thereof, or of any colorable imitation thereof, or the photographing, printing, or in any other manner making or executing any engraving, photograph, print, or impression in the likeness of any such badge, identification card, or other insignia, or of any colorable imitation thereof, is prohibited,

except when and as authorized under such regulations as may be prescribed by the head of the department or independent office of which such insignia indicates the wearer is an officer or subordinate. (June 29, 1932, ch. 306, § 1, 47 Stat. 342; May 22, 1939, ch. 141, 53 Stat. 752.)

§ 76b. Same; punishment.-Any person who offends against the provisions of section 76a of this title shall, upon conviction, be punished by a fine not exceeding $250 or by imprisonment for not exceeding six months, or by both such fine and imprisonment. (June 29, 1932, ch. 306, § 2, 47 Stat. 342.)

§ 76c. Falsely pretending to be member or agent of 4-H clubs; fraudulent use of insignia or emblems.-It shall be unlawful for any person falsely and with intent to defraud to hold himself out as or represent or pretent himself to be a member of, associated with, or an agent or representative for the 4-H clubs, an organization established by the Extension Service of the United States Department of Agriculture and the land grant colleges, for any purpose whatsoever; or for any person with intent to defraud to wear or display the sign or emblem of said 4-H clubs or any insignia in colorable imitation thereof for the purpose of inducing the belief that he is a member of, associated with, or an agent or respesentative for said 4-H clubs. It shall be unlawful for any person other than said 4-H clubs and those duly authorized by them, the representatives of the United States Department of Agriculture, the land grant colleges, and persons authorized by the Secretary of Agriculture, to use within the territory of the United States of America and its exterior possessions, for the purpose of trade or as an advertisement to induce the sale of any article whatsoever or for any business or charitable purpose, the recognized emblem of said 4-H clubs, consisting of a green four-leaf clover with stem and the letter H in white or gold on each leaflet, or any sign, insignia, or symbol in colorable imitation thereof, or the words "4-H Club" or "4-H Clubs" or any combination of these or other words or characters in colorful imitation thereof. If any person violates any provision of sections 76a-76d of this title, he shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $300 or imprisoned not more than six months, or both, for each and every offense. (June 5, 1939, ch. 184, § 1, 53 Stat. 809.)

§ 76d. Same; "person" defined. The term "person" includes individuals, partnerships, corporations, and associations. (June 5, 1939, ch. 184, § 2, 53 Stat. 809.)

§ 77a. Impersonating officer, agent or employee of United States and making arrest or search. Whoever not being an officer, agent, employee of the United States shall falsely represent himself to be such officer, agent, or employee, and in such assumed character shall arrest or detain any person or shall in any manner search the person, buildings, or other property of any person, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $1,000 or imprisoned for not more than one year, or by both

such fine and imprisonment. (Aug. 27, 1935, ch. 740, § 20, 49 Stat. 877.)

§ 78. Criminal Code, section 33.) False personation of holder of public stocks or pensioner. Whoever shall falsely personate any true and lawful holder of any share or sum in the public stocks or debt of the United States, or any person entitled to any annuity, dividend, pension, prize money, wages, or other debt due from the United States, and, under color of such false personation, shall transfer or endeavor to transfer such public stock or any part thereof, or shall receive or endeavor to receive the money of such true and lawful holder thereof, or the money of any person really entitled to receive such annuity, dividend, pension, prize money, wages, or other debt, shall be fined not more than $5,000 and imprisoned not more than ten years. (Mar. 4, 1909, ch. 321, § 33, 35 Stat. 1095.)

DERIVATION

R. S. § 5435, which was revised from act Mar. 3, 1825, ch. 65, 4 Stat. 120, and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 79. (Criminal Code, section 34.) False demand on fradulent power of attorney.-Whoever shall knowingly or fraudulently demand or endeavor to obtain any share or sum in the public stocks of the United States, or to have any part thereof transferred, assigned, sold, or conveyed, or to have any annuity, dividend, pension, prize money, wages, or other debt due from the United States, 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 $5,000 and imprisoned not more than ten years. (Mar. 4, 1909, ch. 321, § 34, 35 Stat. 1095.)

DERIVATION

R. S. § 5436, which was revised from act Mar. 3, 1825, ch. 65, 4 Stat. 120, and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 80. (Criminal Code, section 35 (A).) Presenting false claims. 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, shall be fined not more than

$10,000 or imprisoned not more than ten years, or both. (Mar. 4, 1909, ch. 321, § 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52 Stat. 197.)

DERIVATION

R. S. § 5438, as amended by act May 30, 1908, ch. 235, 35 Stat. 555, which was revised from act Mar. 2, 1863, ch. 67, 12 Stat. 696, 698, and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 82. (Criminal Code, section 35 (C).) Purloining, stealing, or injuring property of United States or property manufactured under contract for War or Navy Departments.-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. (Mar. 4, 1909, ch. 321, § 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18, 1934, ch. 587, 48 Stat. 996; April 4, 1938, ch. 69, 52 Stat. 197.)

DERIVATION

R. S. § 5438, as amended by act May 30, 1908, ch. 235, 35 Stat. 555, which was revised from act Mar. 2, 1863, ch. 67, 12 Stat. 696, 698, and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 83. (Criminal Code, section 35 (A).) Conspiracy to defraud United States in regard to allowance or payment of false claims.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, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. (Mar. 4, 1909, ch. 321, § 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52 Stat. 197.)

DERIVATION

R. S. § 5438, as amended by act May 30, 1908, ch. 235, 35 Stat. 555, which was revised from act Mar. 2, 1863, ch. 67, 12 Stat. 696, 698, and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 88. (Criminal Code, section 37.) Conspiring to commit offense against United States. 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 $10,000, or imprisoned not more than two years, or both. (Mar. 4, 1909, ch. 321, § 37, 35 Stat. 1096.)

DERIVATION

R. S. § 5440, as amended by act May 17, 1879, ch. 8, 21 Stat. 4, which was revised from act Mar. 2, 1867, ch. 169, 14 Stat. 484, and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 91. (Criminal Code, section 39.) Bribery of United States officer. 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. (Mar. 4, 1909, ch. 321, § 39, 35 Stat. 1096.)

DERIVATION

R. S. § 5451, which was revised from acts Feb. 26, 1853, ch. 81, 10 Stat. 171; Mar. 3, 1863, ch. 76, 12 Stat. 740; July 13, 1866, ch. 184, 14 Stat. 168; July 18, 1866, ch. 201, 14 Stat. 186, and repealed by act Mar. 4, 1909, ch. 321, § 341, 35 Stat. 1153.

§ 92. (Criminal Code, section 40.) Unlawfully taking or using papers relating to claims.-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

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