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False Representations for Government Contract

New Jersey White Collar Crime Attorneys

2C:21-34. Penalty for false contract payment claims, representation, for a government contract; prevailing wage violations; grading

a. A person commits a crime if the person knowingly submits to the government any claim for payment for performance of a government contract knowing such claim to be false, fictitious, or fraudulent. If the claim submitted is for $ 25,000.00 or above, the offender is guilty of a crime of the second degree. If the claim exceeds $ 2,500.00, but is less than $ 25,000.00, the offender is guilty of a crime of the third degree. If the claim is for $ 2,500.00 or less, the offender is guilty of a crime of the fourth degree.

b. A person commits a crime if the person knowingly makes a material representation that is false in connection with the negotiation, award or performance of a government contract. If the contract amount is for $ 25,000.00 or above, the offender is guilty of a crime of the second degree. If the contract amount exceeds $ 2,500.00, but is less than $ 25,000.00, the offender is guilty of a crime of the third degree. If the contract amount is for $ 2,500.00 or less, the offender is guilty of a crime of the fourth degree.

c. An employer commits a crime if the employer knowingly pays one or more employees employed in public work subject to the provisions of P.L. 1963, c. 150 (C. 34:11-56.25 et seq.) at a rate less than the rate required pursuant to that act. If the contract amount is for $ 75,000.00 or above, the employer is guilty of a crime of the second degree; if the contract amount exceeds $ 2,500.00, but is less than $ 75,000.00, the employer is guilty of a crime of the third degree; and if the contract amount is for $ 2,500.00 or less, the employer is guilty of a crime of the fourth degree. In addition, the employer shall be deemed to have caused loss to the employees in the amount by which the employees were underpaid and shall be subject to the provisions of N.J.S. 2C:43-3 regarding fines and restitution to victims and be subject to other pertinent provisions of Title 2C of the New Jersey Statutes, including, but not limited to, N.J.S. 2C:43-4, 2C:43-6 and 2C:44-1.

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