IN THE HOUSE OF REPRESENTATIVES
AUGUST 26, 2023
Criminal Fraud Act
Be it enacted by the Senate and House of Representatives of the State of Firestone in Congress assembled,
SECTION 1 - SEVERABILITY AND ENACTMENT
(a) This bill shall enter into effect immediately after passage through the constitutionally required processes.
(b) Should any part of this bill be struck down or declared unenforceable, then that part of the bill shall be considered severed from this bill, and the rest shall remain in full force.
SECTION 2 - DEFINITIONS
(a) For the purposes of this act–
(b) the Firestone Criminal Code shall be defined as the Firestone Criminal Code.
SECTION 3 - DEFRAUDING THE STATE OF FIRESTONE
(a) Chapter 6, section 22 of the Firestone Criminal Code shall be created, titled “Defrauding the State of Firestone”.
(b) Chapter 6, section 22 of the Firestone Criminal Code shall read as follows:
(a) The act of defrauding the State of Firestone shall be recognized as an unlawful criminal offense within the State of Firestone.
(b) Defrauding the State of Firestone shall be the performance of any of the following:
(b1) Willfully entering into any false, fraudulent, or wrongful contract or agreement with the State of Firestone or its subsidiaries, so as to defraud the State of Firestone or its subsidiaries.
(b2) Willfully making a concealment, false or deceitful statement, or misrepresentation so as to wrongfully obtain some thing from, or impede or interfere with the government of the State of Firestone or its subsidiaries.
(b3) Willfully involving any business which the State of Firestone or its subsidiaries has a stake in or is in dealings with in a fraud.
(b4) Willfully making any false claim, application, or invoice to the State of Firestone, its subsidiaries, or their officials.
(b5) Willfully making a concealment, false or deceitful statement, or misrepresentation so as to wrongfully access documents, records, or materials of the State of Firestone or its subsidiaries.
(b6) Otherwise willfully committing any other criminal fraud as defined in this criminal code upon the State of Firestone its subsidiaries, or their officials.
(c) Chapter 6, section 22 of the Firestone Criminal Code shall be classified as—
(1) a class A misdemeanor, if a violation of (b4) or (b5).
(2) a class C felony, if a violation of (b1), (b3) or (b6).
(3) a class B felony, if a violation of (b2).
(d) No person, for the same instance of fraud, shall be charged under both (b6) of this offense and chapter 4, section 25 of the Firestone Criminal Code.
(d) Chapter 6, section 22 of the Firestone Criminal Code shall be recognized and labelled appropriately on the Firestone Criminal Code as an offense enforced only by the courts.
SECTION 4 - FRAUD
(a) Chapter 4, section 25 of the Firestone Criminal Code shall be created, titled “Fraud”.
(b) Chapter 4, section 25 of the Firestone Criminal Code shall read as follows:
(a) The act of fraud shall be recognized as an unlawful criminal offense within the State of Firestone.
(b) Fraud shall be the performance of any of the following acts:
(b1) Willfully making a concealment, false or deceitful statement, or misrepresentation so as to gain some material or financial advantage or benefit, or to gain money or property.
(b2) Willfully embezzling funds from any entity, fraudulently altering its records or accounts, or defrauding a business or the customers, officers, employees or shareholders thereof.
(b3) Willfully making a concealment, false claim or deceitful statement, or misrepresentation, or failing to act with respect to any official certificate or form, or in relation to any legal obligation or duty; or falsifying any formal public record, including the fraudulent obtaining or placement of any signature.
(b4) Except in any formal proceeding or hearing taken under oath of honesty or penalty of perjury, willfully concealing or deceitfully misrepresenting some material fact in any matter under the jurisdiction of, and before, the State of Firestone or its subsidiary governments, or their officials.
(b5) Willfully making a counterfeit record or material for the purpose of wrongful business or personal dealings.
(b6) Willfully using any trick, scheme, swindle, or device that is misleading in a material respect in order to defraud.
(b7) Willfully entering into any contract under false pretenses or by other concealment or deceitful misrepresentation in order to defraud.
(b8) Misprision of any criminal fraud or the defrauding of the State of Firestone.
(c) Fraud shall include the deprivation of the intangible right of honest services through any of the above-stated acts.
(c) Chapter 4, section 25 of the Firestone Criminal Code shall be classified as—
(1) a class A misdemeanor, if a violation of (b4), (b6), or (b7).
(2) a class C felony, if a violation of (b1), (b2), (b3), (b5), (b8).
(d) Chapter 4, section 25 of the Firestone Criminal Code shall be recognized and labelled appropriately on the Firestone Criminal Code as an offense enforced only by the courts.
SECTION 5 - ENFORCEMENT
(a)
(1) The Attorney General⸺
(A) Shall, through the Firestone Bureau of Investigations and Department of Justice, be empowered to investigate and prosecute matters of fraud throughout the State of Firestone in the Courts thereof.
(B) May issue any subpoena for materials or communications related to an investigation involving fraud or defrauding the State of Firestone to any person or entity, except the Courts or Congress, in the State of Firestone, subject to the Constitution and Bill of Rights. Such a subpoena must clearly include⸺
(i) A demonstration of probable cause that the person or entity being subpoenaed has some knowledge of, or materials or communications pertaining to, that particular investigation;
(ii) A description of the materials or communications, or type of materials or communications, which are subpoenaed; and
(iii) A time period, of no less than 72 hours, in which the requested materials or communications must be delivered.
(2)
(A) Any such person or, in the case of an entity, the principal actor involved or principal officer thereof, as may be the case, who fails to comply with a lawful subpoena issued under paragraph (1)(B) within the given time period, or attempts to subvert such a subpoena or a portion thereof, shall be guilty of obstruction of justice. A criminal prosecution commenced under this subparagraph shall be dismissed if the subpoena would be unlawful under subparagraph (B)(i).
(B)
(i) Notwithstanding subparagraph (A), an individual may, during the specified time period, demand a hearing before a competent Court of the State as to the validity of the subpoena and/or whether or not the subject of it has a legitimate claim to not comply with the subpoena or a portion thereof. The judicial officer shall hold that⸺
(I) The subpoena is unlawful only if it does not meet the criteria listed in paragraph 1(B); or
(II) The subject need not comply with the whole or a portion thereof, only if there is a legitimate and affirmative exercise of rights under the Constitution or Bill of Rights, or the particular information sought, that prevents them from being required to answer the subpoena or the portion thereof. Otherwise, a subpoena shall be held as lawful and must be answered.
(ii) Should a hearing under the prior subsection be demanded, the specified time period shall be halted and shall continue only once the judicial officer issues an order.
(iii) The judicial officer may direct the subject to submit the requested materials or communications for review in camera, which shall not be entered into the record and shall remain confidential.
(b) The subject of any fraud, or if it is the State of Firestone, the Attorney General, may commence a civil action in order to enjoin such fraud and to recover whatever property was gained by that fraud, or for any other equitable relief as may be appropriate.
(c) No contract conceived by fraud shall be valid.
(d) Any person who informs the Attorney General or Department of Justice of fraud or other illicit activity throughout the State of Firestone (A “Whistleblower”) shall have their identity kept confidential by the same as best as possible. No whistleblower shall be disciplined by their employer for reporting any such conduct; it shall be a cause of action for wrongful discipline in the courts of the State of Firestone and shall be reversed and it shall also be obstruction of justice if done with the intent to retaliate against the subject for their report. It shall be valid and meritorious reason for the Attorney General to dismiss any prosecution against such a whistleblower in exchange for that information.
CHIEF SPONSOR
Representative SwedishVic
COSPONSORS
Senator AydenJulien
Attorney General Skyewatch_RBLX
Former Attorney General Stamose
Secretary of Commerce Clonemep
Solicitor General dadudeds
State Attorney Cosmicanimals1234