18 U.S.C. 287 makes it a crime to make or present a claim against the United States while knowing it is false, fictitious, or fraudulent. The claim may be presented directly or through a government department or officer. It is distinct from civil False Claims Act liability. [1]
Elements and penalties
The statutory maximum is five years, plus an ordinary individual felony fine up to $250,000. [2] Prosecutors must identify a covered claim and prove the required knowledge; an invoice dispute or clerical error is not automatically criminal fraud. Separate civil remedies, restitution, and program exclusions may arise from the same facts. [1]
A false claim need not be analyzed only as a completed payment: making or presenting the covered claim is the statutory conduct. The knowledge evidence may include certifications, internal instructions, or concealed contradictory records. The criminal section has a five-year maximum; civil False Claims Act multipliers and per-claim penalties belong to a different statute and cannot be presented as section 287’s criminal sentence. [1]
What to examine in the actual case
- Identify what demand was a claim against the United States.
- Trace who prepared, approved, and presented it, and what each person knew.
- Distinguish a good-faith interpretation dispute from fabricated facts or knowingly nonexistent services.
Practical example
A contractor corrects a duplicated invoice before payment. That timing matters, but the legal review still asks what was knowingly presented and whether the claimed entitlement was false.
For related situations, see federal false-statement charges and false loan statements under Section 1014.
Primary sources
Sources checked: October 31, 2026.