Criminal Fraud

Specializing in government contract law for more than 40 years, Malyszek & Malyszek can assist you in preparing your criminal fraud case.

Fraud refers to a variety of offenses involving dishonesty or fraudulent acts. Fraud is the intentional deception of a person made by another for personal gain.

Laws against fraud vary from state to state and can be classified as either criminal or civil. Criminal fraud requires criminal intent on the part of the offender and is punishable by fines or imprisonment. Whereas civil fraud applies to circumstances where bad-faith is involved and where the penalties are meant to punish the criminal.

18 U.S.C. § 287, as amended by the False Claims Amendments Act of 1986, provides:

Whoever makes or presents to any person or officer in the civil, military, or naval service of the United States, or to any department or agency thereof, any claim upon or against the United States, or any department or agency thereof, knowing such claim to be false, fictitious, or fraudulent, shall be imprisoned not more than five years and shall be subject to a fine in the amount provided in this title.

Generally, this statute subjects a person convicted of false billings to a fine of $10,000 per billing. See, however, 18 U.S.C. § 1031, which greatly increases such fines in the case of “major fraud.” Under that provision, fines up to $1,000,000 may be imposed for false claims in contracts or subcontracts over $1,000,000.


Common types include:
• Bankruptcy fraud
• Tax fraud
• Identity theft
• Insurance fraud
• Credit card fraud
• Securities fraud

Some warning signs of fraudulent acts may include receiving unsolicited mail requesting you to send money, losing your credit card or driver's license, and promises made by an individual that seem “too good to be true”. Most criminal fraud offenses are considered felony crimes and are punishable by fines, jail, probation, or even all of the above.

At Malyszek & Malyszek, we focus on all aspects of contracting with the U.S. federal government for companies nationwide and even overseas. Malyszek & Malyszek can help with your government contract matters and rulings. Call Malyszek & Malyszek today for a consultation.