2012 US Code
Title 40 - Public Buildings, Property, and Works
Subtitle I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES (§§ 101 - 1315)
Chapter 1 - 1-GENERAL (§§ 101 - 126)
Subchapter III - ADMINISTRATIVE AND GENERAL (§§ 121 - 126)
Section 123 - Civil remedies for fraud
Publication Title | United States Code, 2012 Edition, Title 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 1 - 1-GENERAL SUBCHAPTER III - ADMINISTRATIVE AND GENERAL Sec. 123 - Civil remedies for fraud |
Contains | section 123 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1070. |
Statutes at Large References | 63 Stat. 392 116 Stat. 1070 |
Public Law Reference | Public Law 107-217 |
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(a)
(1) shall pay to the Government an amount equal to the sum of—
(A) $2,000 for each act;
(B) two times the amount of damages sustained by the Government because of each act; and
(C) the cost of suit;
(2) if the Government elects, shall pay to the Government, as liquidated damages, an amount equal to two times the consideration that the Government agreed to give to the person, or that the person agreed to give to the Government; or
(3) if the Government elects, shall restore to the Government the money or property fraudulently obtained, with the Government retaining as liquidated damages, the money, property, or other consideration given to the Government.
(b)
(c)
(d)
(1)
(2)
(3)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1070.)
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
123(a) | 40:489(b). | June 30, 1949, ch. 288, title II, §209, 63 Stat. 392. |
123(b) | 40:489(d). | |
123(c) | 40:489(a). | |
123(d) | 40:489(c). |
In subsection (a), before clause (1), the words “under this subtitle” are substituted for “hereunder” because “hereunder” probably means under the Federal Property and Administrative Services Act of 1949 which is restated in subtitle I of the revised title (except as noted in section 111 of the revised title and the accompanying revision note). The words “or engage in”, “or engaged in”, “securing or”, and “secure or” are omitted as unnecessary. The word “money” is substituted for “payment” for consistency in the section.
In subsection (a)(1)(B), the words “because of each act” are substituted for “by reason thereof” for clarity.
In subsection (a)(2), the words “or any Federal agency” and “or any Federal agency, as the case may be” are omitted as unnecessary.
In subsection (a)(3), the words “fraudulently obtained” are substituted for “thus secured and obtained” for clarity and to eliminate unnecessary words.
In subsection (d)(1), the word “several” is omitted as unnecessary. The words “the District Court of the United States for the District of Columbia” in section 209(c) of the Federal Property and Administrative Services Act of 1949 are omitted as included in “a district court of the United States” because of sections 88 and 132(a) of title 28.
Subsection (d)(2) is substituted for “[D]istrict courts . . . within whose jurisdictional limits the person, or persons, doing or committing such act, or any one of them, resides or shall be found, shall wheresoever such act may have been done or committed, have full power and jurisdiction to hear, try, and determine such suit” for clarity and to use terminology consistent with title 28, especially 28:1331 and 1391(b).
In subsection (d)(3), the words “A defendant that does not reside and may not be found in the court's judicial district” are substituted for “and such person or persons as are not inhabitants of or found within the district in which suit is brought” for clarity and to use terminology consistent with title 28, especially 28:1331 and 1391(b).
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