15 U.S.C. § 645 : US Code - Section 645: Offenses and penalties

Search 15 U.S.C. § 645 : US Code - Section 645: Offenses and penalties

(a) False statements; overvaluation of securities
Whoever makes any statement knowing it to be false, or whoever
willfully overvalues any security, for the purpose of obtaining for
himself or for any applicant any loan, or extension thereof by
renewal, deferment of action, or otherwise, or the acceptance,
release, or substitution of security therefor, or for the purpose
of influencing in any way the action of the Administration, or for
the purpose of obtaining money, property, or anything of value,
under this chapter, shall be punished by a fine of not more than
$5,000 or by imprisonment for not more than two years, or both.
(b) Embezzlement, etc.
Whoever, being connected in any capacity with the Administration,
(1) embezzles, abstracts, purloins, or willfully misapplies any
moneys, funds, securities, or other things of value, whether
belonging to it or pledged or otherwise entrusted to it, or (2)
with intent to defraud the Administration or any other body politic
or corporate, or any individual, or to deceive any officer,
auditor, or examiner of the Administration, makes any false entry
in any book, report, or statement of or to the Administration, or,
without being duly authorized, draws any order or issues, puts
forth, or assigns any note, debenture, bond, or other obligation,
or draft, bill of exchange, mortgage, judgment, or decree thereof,
or (3) with intent to defraud participates or shares in or receives
directly or indirectly any money, profit, property, or benefit
through any transaction, loan, commission, contract, or any other
act of the Administration, or (4) gives any unauthorized
information concerning any future action or plan of the
Administration which might affect the value of securities, or,
having such knowledge, invests or speculates, directly or
indirectly, in the securities or property of any company or
corporation receiving loans or other assistance from the
Administration, shall be punished by a fine of not more than
$10,000 or by imprisonment for not more than five years, or both.
(c) Concealment, etc.
Whoever, with intent to defraud, knowingly conceals, removes,
disposes of, or converts to his own use or to that of another, any
property mortgaged or pledged to, or held by, the Administration,
shall be fined not more than $5,000 or imprisoned not more than
five years, or both; but if the value of such property does not
exceed $100, he shall be fined not more than $1,000 or imprisoned
not more than one year, or both.
(d) Misrepresentation, etc.
(1) Whoever misrepresents the status of any concern or person as
a "small business concern", a "qualified HUBZone small business
concern", a "small business concern owned and controlled by
socially and economically disadvantaged individuals", or a "small
business concern owned and controlled by women", in order to obtain
for oneself or another any -
(A) prime contract to be awarded pursuant to section 638, 644,
or 657a of this title;
(B) subcontract to be awarded pursuant to section 637(a) of
this title;
(C) subcontract that is to be included as part or all of a goal
contained in a subcontracting plan required pursuant to section
637(d) of this title; or
(D) prime or subcontract to be awarded as a result, or in
furtherance, of any other provision of Federal law that
specifically references section 637(d) of this title for a
definition of program eligibility,(!1) shall be subject to the
penalties and remedies described in paragraph (2).
(2) Any person who violates paragraph (1) shall -
(A) be punished by a fine of not more than $500,000 or by
imprisonment for not more than 10 years, or both;
(B) be subject to the administrative remedies prescribed by the
Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801-3812);
(C) be subject to suspension and debarment as specified in
subpart 9.4 of title 48, Code of Federal Regulations (or any
successor regulation) on the basis that such misrepresentation
indicates a lack of business integrity that seriously and
directly affects the present responsibility to perform any
contract awarded by the Federal Government or a subcontract under
such a contract; and
(D) be ineligible for participation in any program or activity
conducted under the authority of this chapter or the Small
Business Investment Act of 1958 (15 U.S.C. 661 et seq.) for a
period not to exceed 3 years.
(e) Representations under subsection (d) of this section to be in
writing
Any representation of the status of any concern or person as a
"small business concern", a "HUBZone small business concern", a
"small business concern owned and controlled by socially and
economically disadvantaged individuals", or a "small business
concern owned and controlled by women" in order to obtain any prime
contract or subcontract enumerated in subsection (d) of this
section shall be in writing.
(f) Misrepresentation of compliance with section 636(j)(10)(I)
Whoever falsely certifies past compliance with the requirements
of section 636(j)(10)(I) of this title shall be subject to the
penalties prescribed in subsection (d) of this section.