18 U.S.C. § 495
Section 495 · Contracts, deeds, and powers of attorney
Amended 2 times on record
Applied in 381 court decisions — leading case United States v. Pheaster (1976)
Most recently applied in In re Davis (July 2013)
Applied most in the Fifth Circuit Circuit (75 decisions)
Cases citing this section usually also cite 18 U.S.C. § 1708 · 28 U.S.C. § 2255 · 18 U.S.C. § 371
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Whoever falsely makes, alters, forges, or counterfeits any deed, power of attorney, order, certificate, receipt, contract, or other writing, for the purpose of obtaining or receiving, or of enabling any other person, either directly or indirectly, to obtain or receive from the United States or any officers or agents thereof, any sum of money; or
Whoever utters or publishes as true any such false, forged, altered, or counterfeited writing, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited; or
Whoever transmits to, or presents at any office or officer of the United States, any such writing in support of, or in relation to, any account or claim, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited—
Shall be fined under this title or imprisoned not more than ten years, or both.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., §73 (Mar. 4, 1909, ch. 321, §29, 35 Stat. 1094).
Reference in first paragraph to persons causing, procuring, aiding or assisting was omitted as unnecessary as such persons are made principals by section 2 of this title.
Mandatory punishment provision was rephrased in the alternative.
Changes were made in phraseology.
Amendments
1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000”.
Canal Zone
Applicability of section to Canal Zone, see section 14 of this title.
Cross References
Claims against the United States, use of counterfeited or forged power of attorney, authority or instrument, see section 1003 of this title.