TITLE 42 >
CHAPTER 7 >
SUBCHAPTER II > § 408
§ 408. Penalties
(a) In general
Whoever -
(1) for the purpose of causing an increase
in any payment authorized to be made under this subchapter, or for
the purposeof causing any payment to be made where no payment is
authorized under this subchapter, shall make or cause to be made
any false statement or representation (including any false statement
or representation in connection with any matter arising under subchapter
E of chapter 1, or subchapter A or E of chapter 9 of the Internal
Revenue Code of 1939, or chapter 2 or 21 or subtitle F of
the Internal Revenue Code of 1954) as to -
(A) whether wages were paid or received
for employment (as said terms are defined in this subchapter and
the Internal Revenue Code), or the amount of wages or the period
during which paid or the person to whom paid; or
(B) whether
net earnings from self-employment (as such term is defined
in this subchapter and in the Internal Revenue Code) were derived,
or as to the amount of such net earnings or the period during which
or the person by whom derived; or
(C) whether a person entitled
to benefits under this subchapter had earnings in or for a particular
period (as determined under section 403(f) of this title for purposes
ofdeductions from benefits), or as to the amount thereof; or
(2) makes or causes to be made any false
statement or representation of a material fact in any application
for any payment or for a disability determination under this subchapter;
or
(3) at any time makes or causes to
be made any false statement or representation of a material fact
for use in determining rights to payment under this subchapter;
or
(4) having knowledge
of the occurrence of any event affecting (1) his initial or continued
right to any payment under this subchapter, or (2) the initial or
continued right to any payment of any other individual in whose
behalf he has applied for or is receiving such payment, conceals
or fails to disclose such event with an intent fraudulently to secure
payment either in a greater amount than is due or when no payment
is authorized; or
(5) having made application to receive
payment under this subchapter for the use and benefit of another
and having received such a payment, knowingly and willfully converts
such a payment,or any part thereof, to a use other than for the
use and benefit of such other person; or
(6) willfully, knowingly, and with
intent to deceive the Commissioner of Social Security as to his
true identity (or the true identity of any other person) furnishes
or causes to be furnished false information to the Commissioner
of Social Security with respect to any information required by the
Commissioner of Social Security in connection with the establishment
and maintenance of the records provided for in section 405(c)(2)
of this title; or
(7) for the purpose of causing an increase in any payment authorized
under this subchapter (or any other program financed in whole or
in part from Federal funds), or for the purpose of causing a payment
under this subchapter (or any such other program) to be made when
no payment is authorized thereunder, or for the purpose of obtaining
(for himself or any other person) any payment or any other benefit
to which he (or such other person) is not entitled, or for the purpose
of obtaining anything of value from any person, or for any other
purpose -
(A) willfully, knowingly, and with
intent to deceive, uses a social security account number,
assigned by the Commissioner of Social Security (in the exercise
of the Commissioner's authority under section 405(c)(2) of this
title to establish and maintain records) on the basis of false information
furnished to the Commissioner of Social Security by him or by any
other person; or
(B) with intent to deceive, falsely represents a number to be the
social security account number assigned by the Commissioner of Social
Security to him or to another person, when in fact such number is
not the social security account number assigned by the Commissioner
of Social Security to him or to such other person; or
(C) knowingly alters a social security
card issued by the Commissioner of Social Security, buys or sells
a card that is, or purports to be, a card so issued, counterfeits
a social security card, or possesses a social security card or counterfeit
social security card with intent to sell or alter it; or
(8) discloses, uses, or compels the disclosure of the social
security number of any person in violation of the laws of the United
States;
shall be guilty of a felony
and upon conviction thereof shall be fined under title 18
or imprisoned for not more than five years, or both.