---
kind: "section"
citation: "18 U.S.C. § 1040"
title: "18"
title_heading: "Crimes and Criminal Procedure"
number: "1040"
heading: "Fraud in connection with major disaster or emergency benefits"
release: "119-102"
url: "https://uscodex.org/usc/18/1040"
units:
  - "Part I — Crimes"
  - "Chapter 47 — Fraud and False Statements"
---

# §1040. Fraud in connection with major disaster or emergency benefits

- (a) Whoever, in a circumstance described in [subsection (b)](#b) of this section, knowingly—
  - (1) falsifies, conceals, or covers up by any trick, scheme, or device any material fact; or
  - (2) makes any materially false, fictitious, or fraudulent statement or representation, or makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or representation,

  in any matter involving any [benefit](#c) authorized, transported, transmitted, transferred, disbursed, or paid in connection with a major disaster declaration under [section 401](/usc/18/401.md) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5170](/usc/42/5170.md)) or an emergency declaration under [section 501](/usc/18/501.md) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5191](/usc/42/5191.md)), or in connection with any procurement of property or services related to any emergency or major disaster declaration as a prime contractor with the [United States](/usc/18/5.md) or as a subcontractor or supplier on a contract in which there is a prime contract with the [United States](/usc/18/5.md), shall be fined under this title, imprisoned not more than 30 years, or both.

- (b) A circumstance described in this subsection is any instance where—
  - (1) the authorization, transportation, transmission, transfer, disbursement, or payment of the [benefit](#c) is in or affects interstate or [foreign commerce](/usc/18/10.md);
  - (2) the [benefit](#c) is transported in the mail at any point in the authorization, transportation, transmission, transfer, disbursement, or payment of that [benefit](#c); or
  - (3) the [benefit](#c) is a record, voucher, payment, money, or thing of value of the [United States](/usc/18/5.md), or of any [department](/usc/18/6.md) or [agency](/usc/18/6.md) thereof.
- (c) In this section, the term “benefit” means any record, voucher, payment, money or thing of value, good, service, right, or privilege provided by the [United States](/usc/18/5.md), a [State](/usc/18/402.md) or local government, or other entity.

## Source credit

(Added Pub. L. 110–179, § 2(a), Jan. 7, 2008, 121 Stat. 2556.)