# 13 CFR § 142.5: What is a false claim or statement?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-13-142.5

## Section

- **Citation:** 13 CFR § 142.5
- **Heading:** What is a false claim or statement?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 13—Business Credit and Assistance > CHAPTER I—SMALL BUSINESS ADMINISTRATION > PART 142—ADMINISTRATIVE FALSE CLAIMS ACT REGULATIONS > Overview and Definitions

## Text

(a) A claim submitted to SBA is a “false” claim if the person making the claim, or causing the claim to be made, knows or has reason to know that the claim:
(1) Is false, fictitious or fraudulent;
(2) Includes or is supported by a written statement which asserts or contains a material fact which is false, fictitious, or fraudulent (“material” has the meaning given the term in 31 U.S.C. 3729(b));
(3) Includes or is supported by a written statement which is false, fictitious or fraudulent because it omits a material fact that the person making the statement has a duty to include in the statement; or
(4) Is for payment for the provision of property or services which the person has not provided as claimed.
(b) A statement submitted to SBA is a false statement if the person making the statement, or causing the statement to be made, knows or has reason to know that the statement:
(1) Asserts a material fact which is false, fictitious, or fraudulent; or
(2) Is false, fictitious, or fraudulent because it omits a material fact that the person making the statement has a duty to include in the statement. In addition, the statement must contain or be accompanied by an express certification or affirmation of the truthfulness and accuracy of the contents of the statement.
[61 FR 2691, Jan. 29, 1996, as amended at 91 FR 13219, Mar. 19, 2026]

## Nearby sections

- [13 CFR § 142.1 § 142.1 Overview of regulations.](https://www.frixlaw.com/law-library/statutes/ecfr-13-142.1.md)
- [13 CFR § 142.2 § 142.2 What kind of conduct will result in program fraud enforcement?](https://www.frixlaw.com/law-library/statutes/ecfr-13-142.2.md)
- [13 CFR § 142.3 § 142.3 What is a claim?](https://www.frixlaw.com/law-library/statutes/ecfr-13-142.3.md)
- [13 CFR § 142.4 § 142.4 What is a statement?](https://www.frixlaw.com/law-library/statutes/ecfr-13-142.4.md)
- [13 CFR § 142.5 § 142.5 What is a false claim or statement?](https://www.frixlaw.com/law-library/statutes/ecfr-13-142.5.md)
- [13 CFR § 142.6 § 142.6 What does the phrase “know or have reason to know” mean?](https://www.frixlaw.com/law-library/statutes/ecfr-13-142.6.md)
- [13 CFR § 142.7 § 142.7 Who investigates program fraud?](https://www.frixlaw.com/law-library/statutes/ecfr-13-142.7.md)
- [13 CFR § 142.8 § 142.8 What happens if program fraud is suspected?](https://www.frixlaw.com/law-library/statutes/ecfr-13-142.8.md)
- [13 CFR § 142.9 § 142.9 When will SBA issue a complaint?](https://www.frixlaw.com/law-library/statutes/ecfr-13-142.9.md)
- [13 CFR § 142.10 § 142.10 What is contained in a complaint?](https://www.frixlaw.com/law-library/statutes/ecfr-13-142.10.md)
- [13 CFR § 142.11 § 142.11 How will the complaint be served?](https://www.frixlaw.com/law-library/statutes/ecfr-13-142.11.md)
- [13 CFR § 142.12 § 142.12 How does a defendant respond to the complaint?](https://www.frixlaw.com/law-library/statutes/ecfr-13-142.12.md)
- [13 CFR § 142.13 § 142.13 What happens if a defendant fails to file an answer?](https://www.frixlaw.com/law-library/statutes/ecfr-13-142.13.md)
- [13 CFR § 142.14 § 142.14 What happens once an answer is filed?](https://www.frixlaw.com/law-library/statutes/ecfr-13-142.14.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-13-142.5. Check the current official text before relying on it. Not legal advice.