18 U.S. Code § 1920 - False Statement to Obtain Federal Employee Compensation
Workers' compensation, a crucial safety net for workers injured on the job, is unfortunately a target for exploitation through fraudulent claims. The US government, fully aware of the pivotal role of this safety net, has enacted stringent laws and treats these types of fraud charges with the utmost gravity.
At the federal level, 18 U.S.C. § 1920 addresses fraud in the context of workers' compensation claims. This law criminalizes knowingly and willfully falsifying, concealing, or covering up material facts or making any materially false, fictitious, or fraudulent statements concerning the application for and receipt of workers' compensation benefits.
If you are a current or former federal employee suspected of making false statements to the government connected to receiving compensation, you could be charged with a federal crime under Title 18 U.S. Code 1920.
Once charged, the legal process may involve a trial where a prosecutor must prove beyond a reasonable doubt that you made a false statement or intentionally concealed a material fact, and that you acted knowingly and willingly, with the specific intent to deceive.
"Knowingly" means you were aware that your statement was untrue or that you were concealing information.
It must also be proven that you did so for the purposes of receiving compensation or benefits from the government. The act must be related to an application for, or the receipt of, compensation or benefits under the federal employees' compensation program.
What Does Section 1920 Say?
18 U.S.C. 1920, False Statement or Fraud to Obtain Federal Employees' Compensation, says, "Whoever knowingly and willfully falsifies, conceals, or covers up a material fact, or makes a false, fictitious, or fraudulent statement or representation, or makes or uses a false statement or report knowing the same to contain any false, fictitious, or fraudulent statement or entry in connection with the application for or receipt of compensation or other benefit or payment under subchapter I or III of chapter 81 of title 5, shall be guilty of perjury, and on conviction thereof shall be punished by a fine under this title, or by imprisonment for not more than 5 years, or both; but if the amount of the benefits falsely obtained does not exceed $1,000, such person shall be punished by a fine under this title, or by imprisonment for not more than 1 year, or both."
Key Takeaways
- 18 U.S. Code 1920 makes it a crime to intentionally provide false information or conceal facts to receive federal workers' compensation benefits.
- The benefits are administered under specific programs designed to assist federal employees who are injured or become ill in the course of their duties.
- The law seeks to protect the integrity of these benefit programs by penalizing fraudulent activities.
- The broad language of the law covers a wide range of conduct, from lying on an application to concealing information that could impact your eligibility for payments.
Possible Penalties
The penalties for a conviction under U.S.C. 1920 are significant and are tied to the value of the benefits fraudulently obtained. These penalties underscore the seriousness with which the government views workers' compensation fraud, serving as a stark reminder of the potential consequences.
If the value of the benefits obtained is $1,000 or less, the potential penalties include a fine, imprisonment for up to one year, or both.
However, if the amount of benefits involved exceeds $1,000, a conviction can result in a fine under this title, imprisonment for up to five years, or both, a prospect that underscores the gravity of the situation.
In addition to criminal penalties, a conviction will likely require you to pay restitution for the full amount of the benefits you wrongfully received.
Related Federal Offenses
18 U.S. Code Chapter 93 Part I, Public Officers and Employees, has several related federal statutes, including the following:
- 18 U.S.C. 1901. Collecting or disbursing officer trading in public property
- 18 U.S.C. 1902. Disclosure of crop information and speculation thereon
- 18 U.S.C. 1903. Speculation in stocks or commodities affects crop insurance
- 18 U.S.C. 1905. Disclosure of confidential information generally
- 18 U.S.C. 1906. Disclosure of information from a bank examination report
- 18 U.S.C. 1907. Disclosure of information by a farm credit examiner
- 18 U.S.C. 1909. Examiner performing other services
- 18 U.S.C. 1910. Nepotism in the appointment of a receiver or trustee
- 18 U.S.C. 1911. Receiver mismanaging property
- 18 U.S.C. 1912. Unauthorized fees for the inspection of vessels
- 18 U.S.C. 1913. Lobbying with appropriated money
- 18 U.S.C. 1915. Compromise of customs liabilities
- 18 U.S.C. 1916. Unauthorized employment and disposition of lapsed appropriations
- 18 U.S.C. 1917. Interference with civil service examinations
- 18 U.S.C. 1918. Disloyalty and asserting the right to strike against the Government
- 18 U.S.C. 1919. False statement to obtain unemployment compensation for Federal service
- 18 U.S.C. 1920. False statement or fraud to obtain Federal employees' compensation
- 18 U.S.C. 1922. False or withheld report concerning Federal employees' compensation
- 18 U.S.C. 1923. Fraudulent receipt of payments for missing persons
- 18 U.S.C. 1924. Unauthorized removal and retention of classified documents or material
What are the Common Defenses?
Our federal criminal defense attorneys can employ effective defense strategies tailored to the specific facts of your case. Our expertise is crucial in navigating the complexities of workers' compensation fraud cases, underscoring the importance of seeking professional legal counsel in such matters.
This can provide you with the reassurance that you are not alone in this legal battle. Perhaps we can show that any misstatement was an unintentional mistake, a misunderstanding of the complex forms, or the result of a simple error. If you did not intend to defraud the government, you have not committed this crime.
Perhaps we can argue that the information you allegedly falsified or concealed was not "material." For instance, if the information had not influenced the agency's decision to grant or continue your benefits, then its falsification does not meet the standard for a crime under this statute.
Perhaps we can demonstrate that you had a good faith belief that the information you provided was true and accurate at the time, which can negate the element of willful intent. For more information, contact our federal criminal defense law firm, Cron, Israels & Stark, located in Los Angeles, CA.
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