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8000 - Miscellaneous Statutes and Regulations
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CRIMINAL LAWS AND PROCEDURES
APPLICABLE SECTIONS OF TITLE 18.—CRIMES AND CRIMINAL PROCEDURE
* * * * *
§ 1. [Repealed]
[Source: Section 1[1] of the Act of June 25, 1948 (Pub.
L. No. 772; 62 Stat. 684), effective September 1, 1948; as repealed by
section 218 of title II of the Act of October 12, 1984 (Pub. L. No.
98–473; 98 Stat. 2027), effective October 12,
1984]
§ 6. Department and agency defined.
As used in this title:
The term "department" means one of the executive departments
enumerated in section 1 of Title 5, unless the context shows that such
term was intended to describe the executive, legislative, or judicial
branches of the government.
The term "agency" includes any department, independent
establishment, commission, administration, authority, board or bureau
of the United States or any corporation in which the United States has
a proprietary interest, unless the context shows that such term was
intended to be used in a more limited sense.
[Codified to 18 U.S.C. 6]
[Source: Section 1[6] of the Act of June 25, 1948 (Pub.
L. No. 772; 62 Stat. 685), effective September 1,
1948]
§ 20. Financial institution defined.
As used in this title, the term "financial institution"
means--
(1) an insured depository institution (as defined in section
3(c)(2) of the Federal Deposit Insurance Act;
(2) a credit union with accounts insured by the National Credit
Union Share Insurance Fund;
(3) a Federal home loan bank or a member, as defined in section 2
of the Federal Home Loan Bank Act (12 U.S.C. 1422), of the Federal home
loan bank system;
(4) a Federal land bank, Federal intermediate credit bank, bank
for cooperatives, production credit association, Federal land bank
association;
(5) a system institution of the Farm Credit System, as defined in
section 5.35(3) of the Farm Credit Act of 1971;
(6) a bank holding company as defined in section 2 of the Bank
Holding Company Act of 1956 (12 U.S.C.
1841); or
(7) a depository institution holding company (as defined in
section 3(w)(1) of the Federal
Deposit Insurance Act; and
(7) *
a Federal Reserve bank or a member bank of the Federal Reserve System;
(8) an organization operating under section 25 or section 25(a)
of the Federal Reserve Act; or
(9) a branch or agency of a foreign bank (as such terms are
defined in paragraphs (1) and (3) of section 1(b) of the International
Banking Act of 1978).
[Codified to 18 U.S.C. 20]
[Source: Section 1[20] of the Act of June 25, 1948
(Pub. L. No. 772), effective September 1, 1948, as added by section
962(e)(1) and amended by section 962(e)(2) of title IX of the Act of
August 9, 1989 (Pub. L. No. 101--73; 103 Stat. 503), effective August
9, 1989; section 2597(a) of title XXV of the Act of November 29, 1990
(Pub. L. No. 101--647; 104 Stat. 4908), effective November 29,
1990]
§ 111. Assaulting, resisting, or impeding certain officers or
employees.
(a) IN GENERAL.--Whoever--
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(1) forcibly assaults, resists, opposes, impedes, intimidates, or
interferes with any person designated in section 1114 of this title
while engaged in or on account of the performance of official duties;
or
(2) forcibly assaults or intimidates any person who formerly
served as a person designated in
section 1114 on account of
the performance of official duties during such person's term of
service, shall, where the acts in violation of this section constitute
only simple assault, be fined under this title or imprisoned not more
than one year, or both, and where such acts involve physical contact
with the victim of that assault or the intent to commit another felony,
be fined under this title or imprisoned not more than 8 years, or both.
(b) ENHANCED PENALTY.--Whoever, in the commission of any
acts described in subsection (a), uses a deadly or dangerous
weapon (including a weapon intended to cause death or danger but
that fails to do so by reason of a defective component) or inflicts
bodily injury, shall be fined under this title or imprisoned not
more than 20 years, or both.
[Codified to 18 U.S.C. 111]
[Source: Section 1[111] of the Act of June 25, 1948 (Pub. L. No.
772; 62 Stat. 683), effective September 1, 1948, as amended by section
6487(a) of title VI of the Act of November 18, 1988 (Pub. L. No.
100--690; 102 Stat. 4386), effective November 18, 1988; sections
320101(a)(1) and (a)(2) of title XXXII of the Act of September 13, 1994
(Pub. L. No. 103--322; 108 Stat. 2108), effective September 13, 1994;
section 727c of title VII of the Act of April 24, 1996 (Pub. L. No.
104--132; 110 Stat. 1302) effective April 24, 1996; section 11008(b) of
title I of the Act of November 2, 2002 (Pub. L. No. 107--273; 116 Stat.
1818), effective November 2, 2002; section 208(b) of title II of the
Act of January 7, 2008 (Pub. L. No. 110--177; 121 Stat. 2538),
effective January 7, 2008]
§ 212. Offer of loan or gratuity to financial institution
examiner.
(a) IN GENERAL.--Except as provided in subsection (b),
whoever, being an officer, director, or employee of a financial
institution, makes or grants any loan or gratuity, to any examiner or
assistant examiner who examines or has authority to examine such bank,
branch, agency, organization, corporation, association, or
institution--
(1) shall be fined under this title, imprisoned not more than 1
year, or both; and
(2) may be fined a further sum equal to the money so loaned or
gratuity given.
(b) REGULATIONS.--A Federal financial institution
regulatory agency may prescribe regulations establishing additional
limitations on the application for and receipt of credit under this
section and on the application and receipt of residential mortgage
loans under this section, after consulting with each other Federal
financial institution regulatory agency.
(c) DEFINITIONS.--In this section:
(1) EXAMINER.--The term "examiner" means any
person--
(A) appointed by a Federal financial institution regulatory
agency or pursuant to the laws of any State to examine a financial
institution; or
(B) elected under the law of any State to conduct examinations of
any financial institutions.
(2) Federal financial institution regulatory
agency.--The term "Federal financial institution regulatory
agency" means--
(A) the Office of the Comptroller of the Currency;
(B) the Board of Governors of the Federal Reserve System;
(C) the Office of Thrift Supervision;
(D) the Federal Deposit Insurance Corporation;
(E) the Federal Housing Finance Board;
(F) the Farm Credit Administration;
(G) the Farm Credit System Insurance Corporation; and
(H) the Small Business Administration.
(3) FINANCIAL INSTITUTION.--The term "financial
institution" does not include a credit union, a Federal Reserve
Bank, a Federal home loan bank, or a depository institution holding
company.
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(4) LOAN.--The term "loan" does not include any
credit card account established under an open end consumer credit plan
or a loan secured by residential real property that is the principal
residence of the examiner, if--
(A) the applicant satisfies any financial requirements for the
credit card account or residential real property loan that are
generally applicable to all applicants for the same type of credit card
account or residential real property loan;
(B) the terms and conditions applicable with respect to such
account or residential real property loan, and any credit extended to
the examiner under such account or residential real property loan, are
no more favorable generally to the examiner than the terms and
conditions that are generally applicable to credit card accounts or
residential real property loans offered by the same financial
institution to other borrowers cardholders in comparable circumstances
under open end consumer credit plans or for residential real property
loans; and
(C) with respect to residential real property loans, the loan is
with respect to the primary residence of the applicant.
[Codified to 18 U.S.C. 212]
[Source: Section 1[212, formerly 217] of the Act
of June 25, 1948 (Pub. L. No. 772; 62 Stat. 694), effective September
1, 1948, as amended by section 701(a) of title VII of the Act of August
21, 1958 (Pub. L. No. 85--699; 72 Stat. 698), effective August 21,
1958, and section 104(h) of title I of the Act of August 18, 1959 (Pub.
L. No. 86--168; 73 Stat. 387), effective December 31, 1959, and as
renumbered by section 1(d) of the Act of October 23, 1962 (Pub. L. No.
87--849; 76 Stat. 1125), effective January 20, 1963; amended by section
962(a)(1) of title IX of the Act of August 9, 1989 (Pub. L. No.
101--73; 103 Stat. 501), effective August 9, 1989; section 2597(b) of
title XXV of the Act of November 29, 1990 (Pub. L. No. 101--647; 104
Stat. 4908), effective November 29, 1990; sections 330004(1),
330010(1), and 330016(1)(K), of title XXXIII of the Act of September
13, 1994 (Pub. L. No. 103--322; 108 Stat. 2141, 2143, and 2147,
respectively), effective September 13, 1994; section 2(a) of the Act of
December 19, 2003 (Pub. L. No. 108--198; 117 Stat. 2899), effective
December 19, 2003]
§ 213. Acceptance of loan or gratuity by financial institution
examiner.
(a) IN GENERAL.--Whoever, being an examiner or assistant
examiner, accepts a loan or gratuity from any bank, branch, agency,
organization, corporation, association, or institution examined by the
examiner or from any person connected with it, shall--
(1) be fined under this title, imprisoned not more than 1 year,
or both;
(2) may be fined a further sum equal to the money so loaned or
gratuity given; and
(3) shall be disqualified from holding office as an examiner.
(b) DEFINITIONS.--In this section, the terms
"examiner", "Federal financial institution regulatory
agency", "financial institution", and "loan" have the
same meanings as in section 212.
[Codified to 18 U.S.C. 213]
[Source: Section 1[213, formerly 218] of the Act of
June 25, 1948 (Pub. L. No. 772; 62 Stat. 695), effective September 1,
1948, as amended by section 701(b) of title VII of the Act of August
21, 1958 (Pub. L. No. 85--699; 72 Stat. 698), effective August 21,
1958, and as renumbered by section 1(d) of the Act of October 23, 1962
(Pub. L. No. 87--849; 76 Stat. 1125), effective January 20, 1963;
amended by section 962(a)(2) of title IX of the Act of August 9, 1989
(Pub. L. No. 101--73; 103 Stat. 502), effective August 9, 1989; and
section 2597(c) of title XXV of the Act of November 29, 1990 (Pub. L.
No. 101--647; 104 Stat. 4909), effective November 29, 1990; sections
330004(2), and 330016(1)(K), of title XXXIII of the Act of September
13, 1994 (Pub. L. No. 103--322; 108 Stat. 2141, and 2147,
respectively), effective September 13, 1994; section 2(b) of the Act of
December 19, 2003 (Pub. L. No, 108--198; 117 Stat. 2900); effective
December 19, 2003]
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§ 214. Offer for procurement of Federal Reserve bank loan and
discount of commercial paper.
Whoever stipulates for or gives or receives, or consents or agrees
to give or receive, any fee, commission, bonus, or thing of value for
procuring or endeavoring to procure from any Federal Reserve bank any
advance, loan, or extension of credit or discount or purchase of any
obligation or commitment with respect thereto, either directly from
such Federal Reserve bank or indirectly through any financing
institution, unless such fee, commission, bonus, or thing of value and
all material facts with respect to the arrangement or understanding
therefor shall be disclosed in writing in the application or request
for such advance, loan, extension of credit, discount, purchase, or
commitment, shall be fined under this title or imprisoned not more than
one year, or both.
[Codified to 18 U.S.C. 214]
[Source: Section 1[214, formerly 219] of the Act of
June 25, 1948 (Pub. L. No. 772; 62 Stat. 695), effective September 1,
1948, as renumbered by section 1(d) of the Act of October 23, 1962
(Pub. L. No. 87--849; 76 Stat. 1125), effective January 20, 1963; as
amended by section 330016(1)(K), of title XXXIII of the Act of
September 13, 1994 (Pub. L. No. 103--322; 108 Stat. 2147), effective
September 13, 1994]
§ 215. Receipt of commissions or gifts for procuring loans.
(a) Whoever--
(1) corruptly gives, offers, or promises anything of value to any
person, with intent to influence or reward an officer, director,
employee, agent, or attorney of a financial institution in connection
with any business or transaction of such institution; or
(2) as an officer, director, employee, agent, or attorney of a
financial institution, corruptly solicits or demands for the benefit of
any person, or corruptly accepts or agrees to accept, anything of value
from any person, intending to be influenced or rewarded in connection
with any business or transaction of such institution;
shall be fined under this title or three times the value of the thing
given, offered, promised, solicited, demanded, accepted, or agreed to
be accepted, whichever is greater, or imprisoned not more than 30
years, or both, but if the value of the thing given,
offered, promised, solicited, demanded, accepted, or agreed to be
accepted does not exceed $1,000, shall be fined under this title or
imprisoned not more than one year, or both.
(b) [Revoked]
(c) This section shall not apply to bona fide salary, wages, fees,
or other compensation paid, or expenses paid or reimbursed, in the
usual course of business.
(d) Federal agencies with responsibility for regulating a financial
institution shall jointly establish such guidelines as are appropriate
to assist an officer, director, employee, agent, or attorney of a
financial institution to comply with this section. Such agencies shall
make such guidelines available to the public.
[Codified to 18 U.S.C. 215]
[Source: Section 1[215, formerly 220] of the Act of
June 25, 1948 (Pub. L. No. 772; 62 Stat. 695), effective September 1,
1948, as amended by section 4 of the Act of September 21, 1950 (Pub. L.
No. 797; 64 Stat. 894), effective September 21, 1950, as renumbered by
section 1(d) of the Act of October 23, 1962 (Pub. L. No. 87--849; 76
Stat. 1125), effective January 20, 1963; and amended by section 1107(a)
of chapter XI of the Act of October 12, 1984 (Pub. L. No. 98--473; 98
Stat. 2145), effective October 12, 1984; section 2 of the Act of August
4, 1986 (Pub. L. No. 99--370; 100 Stat. 779), effective September 3,
1986; sections 961(a) and 962(e)(1) of title IX of the Act of August 9,
1989 (Pub. L. No. 101--73; 103 Stat. 499 and 503), effective August 9,
1989; section 2504(a) of title XXV of the Act of November 29, 1990
(Pub. L. No. 101--647; 104 Stat. 4861), effective November 29, 1990;
section 330016(1)(H) of title XXXIII of the Act of September 13, 1994
(Pub. L. No. 103--322; 108 Stat. 2147), effective September 13, 1994;
section 606(a) of title VI of the Act of October 11, 1996 (Pub. L. No.
140--294; 110 Stat. 3511), effective October 11, 1996]
{{2-29-08 p.8284.01}}
§ 333. Mutilation of national bank obligations.
Whoever mutilates, cuts, defaces, disfigures, or perforates, or
unites or cements together, or does any other thing to any bank bill,
draft, note, or other evidence of debt issued by any national banking
association, or Federal Reserve bank, or the Federal Reserve System,
with intent to render such bank bill, draft, note, or other evidence of
debt unfit to be reissued, shall be fined under this title or
imprisoned not more than six months, or both.
[Codified to 18 U.S.C. 333]
[Source: Section 1[333] of the Act of June 25, 1948
(Pub. L. No. 772; 62 Stat. 700), effective September 1, 1948; as
amended by section 330016(1)(B) of title XXXIII of the Act of September
13, 1994 (Pub. L. No. 103--322; 108 Stat. 2146), effective September
13, 1994]
§ 334. Issuance of Federal Reserve or national bank notes.
Whoever, being a Federal Reserve Agent, or an agent or employee of
such Federal Reserve Agent, or of the Board of Governors of the Federal
Reserve System, issues or puts in circulation any Federal Reserve
notes, without complying with or in violation of the provisions of law
regulating the issuance and circulation of such Federal Reserve notes;
or
{{12-31-01 p.8285}}
Whoever, being an officer acting under the provisions of chapter 2
of title 12, countersigns or delivers to any national banking
association, or to any other company or person, any circulating notes
contemplated by that chapter except in strict accordance with its
provisions--
Shall be fined under this title or imprisoned not more than five
years, or both.
[Codified to 18 U.S.C. 334]
[Source: Section 1[334] of the Act of June 25, 1948 (Pub. L. No.
772; 62 Stat. 700), effective September 1, 1948; as amended by section
330016(1)(K) of title XXXIII of the Act of September 13, 1994 (Pub. L.
No. 103--322; 108 Stat. 2147), effective September 13,
1994]
§ 337. Coins as security for loans.
Whoever lends or borrows money or credit upon the security of such
coins of the United States as the Secretary of the Treasury may from
time to time designate by proclamation published in the FEDERAL
REGISTER, during any period designated in such a proclamation, shall be
fined under this title or imprisoned not more than one year or both.
[Codified to 18 U.S.C. 337]
[Source: Section 337 added by section 212(a) of title II of the
Act of July 23, 1965 (Pub. L. No. 89--81; 79 Stat. 257), effective July
23, 1965; as amended by section 330016(1)(L) of title XXXIII of the Act
of September 13, 1994 (Pub. L. No. 103--322; 108 Stat. 2147), effective
September 13, 1994]
§ 493. Bonds and obligations of certain lending agencies.
Whoever falsely makes, forges, counterfeits or alters any note,
bond, debenture, coupon, obligation, instrument, or writing in
imitation or purporting to be in imitation of, a note, bond, debenture,
coupon, obligation, instrument or writing, issued by the Reconstruction
Finance Corporation, Federal Deposit Insurance Corporation, National
Credit Union Administration, Home Owners' Loan Corporation, Farm Credit
Administration, Department of Housing and Urban Development, or any
land bank, intermediate credit bank, insured credit union, bank for
cooperatives or any lending, mortgage, insurance, credit or savings and
loan corporation or assocation authorized or acting under the laws of
the United States, shall be fined under this title or imprisoned not
more than ten years, or both.
Whoever passes, utters, or publishes, or attempts to pass, utter or
publish any note, bond, debenture, coupon, obligation, instrument or
document knowing the same to have been falsely made, forged,
counterfeited or altered, contrary to the provisions of this section,
shall be fined under this title or imprisoned not more than ten years,
or both.
[Codified to 18 U.S.C. 493]
[Source: Section 1[493] of the Act of June 25, 1948 (Pub. L. No.
772; 62 Stat. 711), effective September 1, 1948, as amended by section
3(p) of the Act of October 4, 1961 (Pub. L. No. 87--353; 75 Stat. 774),
effective October 4, 1961; section 24(a) of the Act of May 25, 1967
(Pub. L. No. 90--19; 81 Stat. 27), effective May 25, 1967; section 3 of
the Act of October 19, 1970 (Pub. L. No. 91--468; 84 Stat. 1016),
effective October 19, 1970; section 330016(1)(L) of title XXXIII of the
Act of September 13, 1994 (Pub. L. No. 103--322; 108 Stat. 2147),
effective September 13, 1994; section 374(i) of title III of the Act of
October 26, 2001 (Pub. L. No. 107--56; 115 Stat. 341), effective
October 26, 2001]
§ 644. Banker receiving unauthorized deposit of public money.
Whoever, not being an authorized depositary of public moneys,
knowingly receives from any disbursing officer, or collector of
internal revenue, or other agent of the United States, any public money
on deposit, or by way of loan or accommodation, with or without
interest, or otherwise than in payment of a debt against the United
States, or uses, transfers, converts, appropriates, or applies any
portion of the public money for any purpose not prescribed by law is
guilty of embezzlement and shall be fined under this title or
not more than the amount so embezzled which ever is greater, or
imprisoned not more
{{12-31-01 p.8286}}than ten years, or
both; but if the amount embezzled does not exceed $1000, he shall be
fined not more than $1,000 or imprisoned not more than one year, or
both.
[Codified to 18 U.S.C. 644]
[Source: Section 1[644] of the Act of June 25, 1948 (Pub. L. No.
772; 62 Stat. 726), effective September 1, 1948; as amended by section
330016(2)(G) of title XXXIII of the Act of September 13, 1994 (Pub. L.
No. 103--322; 108 Stat. 2148), effective September 13, 1994; section
606(a) of title VI of the Act of October 11, 1996 (Pub. L. No.
104--294; 110 Stat. 3511), effective October 11, 1996]
]
§ 655. Theft by bank examiner.
Whoever, being a bank examiner or assistant examiner, steals, or
unlawfully takes, or unlawfully conceals any money, note, draft, bond,
or security or any other property of value in the possession of any
bank or banking institution which is a member of the Federal Reserve
System, which is insured by the Federal Deposit Insurance Corporation,
which is a branch or agency of a foreign bank (as such terms are
defined in paragraphs (1) and (3) of
section 1(b) of the
International Banking Act of 1978), or which is an organization
operating under section 25 or section 25(a) of the Federal Reserve Act,
or from any safe deposit box in or adjacent to the premises of such
bank, branch, agency, organization, shall be fined under this title or
imprisoned not more than five years, or both; but if the amount taken
or concealed does not exceed $1,000, he shall be fined under this title
or imprisoned not more than one year, or both; and shall be
disqualified from holding office as a national bank examiner or Federal
Deposit Insurance Corporation examiner.
This section shall apply to all public examiners and assistant
examiners who examine member banks of the Federal Reserve System, banks
the deposits of which are insured by the Federal Deposit Insurance
Corporation, branches or agencies of foreign banks (as such terms are
defined in paragraphs (1) and (3) of section 1(b) of the International
Banking Act of 1978), or organizations operating under section 25 or
section 25(a) of the Federal Reserve Act, whether appointed by the
Comptroller of the Currency, by the Board of Governors of the Federal
Reserve System, by a Federal Reserve Agent, by a Federal Reserve bank,
or by the Federal Deposit Insurance Corporation, or appointed or
elected under the laws of any State; but shall not apply to private
examiners or assistant examiners employed only by a clearing-house
association or by the directors of a bank.
[Codified to 18 U.S.C. 655]
[Source: Section 1[655] of the Act of June 25, 1948 (Pub. L. No.
772; 62 Stat. 728), effective September 1, 1948; as amended by section
2597(e) of title XXV of the Act of November 29, 1990 (Pub. L. No.
101--647; 104 Stat. 4909), effective November 29, 1990; sections
330016(1)(L), and (H) of title XXXIII of the Act of September 13, 1994
(Pub. L. No. 103--322; 108 Stat. 2147), effective September 13, 1994;
section 606(a) of title VI of the Act of October 11, 1996 (Pub. L. No.
104--294; 110 Stat. 3511), effective October 11,
1996]
§ 656. Theft, embezzlement, or misapplication by bank officer
or employee.
Whoever, being an officer, director, agent or employee of, or
connected in any capacity with any Federal Reserve bank, member bank,
depository institution holding company, national bank, insured bank,
branch or agency of a foreign bank, or organization operating under
section 25 or section 25(a) of the Federal Reserve Act, or a receiver
of a national bank, insured bank, branch, agency, or organization or
any agent or employee of the receiver, or a Federal Reserve Agent, or
an agent or employee of a Federal Reserve Agent or of the Board of
Governors of the Federal Reserve System, embezzles, abstracts, purloins
or willfully misapplies any of the moneys, funds or credits of such
bank, branch, agency or organization or holding company or any moneys,
funds, assets or securities intrusted to the custody or care of such
bank, branch, agency, or organizaton or holding company or to the
custody or care of any such agent, officer, director, employee or
receiver, shall be fined not more than $1,000,000 or imprisoned not
more than 30 years, or both; but if the amount
{{8-29-97 p.8287}}embezzled,
abstracted, purloined or misapplied does not exceed $1,000, he shall be
fined under this title or imprisoned not more than one year, or both.
As used in this section, the term "national bank" is
synonymous with "national banking association"; "member
bank" means and includes any national bank, state bank, or bank and
trust company which has become a member of one of the Federal Reserve
banks; "insured bank" includes any bank, banking association,
trust company, savings bank, or banking institution, the deposits of
which are insured by the Federal Deposit Insurance Corporation; and the
term "branch or agency of a foreign bank" means a branch or
agency described in section 20(9) of this title. For purposes of this
section, the term "depository institution holding company" has
the meaning given such term in section 3 of the Federal Deposit
Insurance Act.
[Codified to 18 U.S.C. 656]
[Source: Section 1[656] of the Act of June 25, 1948 (Pub. L. No.
772; 62 Stat. 729), effective September 1, 1948, as amended by section
961(b) of title IX of the Act of August 9, 1989 (Pub. L. No. 101--73;
103 Stat. 499), effective August 9, 1989; sections 2504(b), 2595(a)(1),
and 2597(f) of title XXV of the Act of November 29, 1990 (Pub. L. No.
101--647, 104 Stat. 4861, 4906 and 4909 respectively), effective
November 29, 1990; section 330016(1)(H) of title XXXIII of the Act of
September 13, 1994 (Pub. L. No. 103--322; 108 Stat. 2147), effective
September 13, 1994; section 106(a) of title VI of the Act of October
11, 1996 (Pub. L. No. 104--294); 110 Stat. 3511), effective October 11,
1996]
§ 657. Lending, credit and insurance institutions.
Whoever, being an officer, agent or employee of or connected in any
capacity with the Federal Deposit Insurance Corporation, National
Credit Union Administration, Office of Thrift Supervision, the
Resolution Trust Corporation, any Federal home loan bank, the Federal
Housing Finance Board, Farm Credit Administration, Department of
Housing and Urban Development, Federal Crop Insurance Corporation,
Farmers' Home Corporation, the Secretary of Agriculture acting through
the Farmers Home Administration, the Rural Development Administration
or the Farm Credit System Insurance Corporation, a Farm Credit Bank, a
bank for cooperatives or any lending, mortgage, insurance, credit or
savings and loan corporation or association authorized or acting under
the laws of the United States or any institution, other than an insured
bank (as defined in section 656), the accounts of which are insured by
the Federal Deposit Insurance Corporation, or by the National
Credit Union Administration Board or any small business investment
company, or any community development financial institution
receiving financial assistance under the Riegle Community
Development and Regulatory Improvement Act of 1994, and whoever,
being a receiver of any such institution, or agent or employee of the
receiver, embezzles, abstracts, purloins or willfully misapplies any
moneys, funds, credits, securities or other things of value belonging
to such institution, or pledged or otherwise intrusted to its care,
shall be fined not more than $1,000,000 or imprisoned not more than 30
years, or both; but if the amount or value embezzled, abstracted,
purloined or misapplied does not exceed $1,000, he shall be fined
not more than $1,000 or imprisoned not more than one year, or both.
[Codified to 18 U.S.C. 657]
[Source: Section 1[657] of the Act of June 25,
1948 (Pub. L. No. 772; 62 Stat. 729), effective September 1, 1948, as
amended by section 11 of the Act of May 24, 1949 (Pub. L. No. 72; 63
Stat. 90), effective May 24, 1949; section 1 of the Act of July 28,
1956 (Pub. L. No. 831; 70 Stat. 714), effective July 28, 1956; section
703 of title VII of the Act of August 21, 1958 (Pub. L. No. 85--699; 72
Stat. 698), effective August 21, 1958; section 3(q) of the Act of
October 4, 1961 (Pub. L. No. 87--353; 75 Stat. 774), effective October
4, 1961; section 24(a) of the Act of May 25, 1967 (Pub. L. No. 90--19;
81 Stat. 27), effective May 25, 1967; section 4 of the Act of October
19, 1970 (Pub. L. No. 91--468; 84 Stat. 1016), effective October 19,
1970; sections 961(c) and 962(a)(7) and (8)(A) of title IX of the Act
of August 9, 1989 (Pub. L. No. 101--73;
{{8-29-97 p.8288}}103 Stat. 499 and 502
respectively), effective August 9, 1989; section 2303(e) of title XXIII
of the Act of November 28, 1990 (Pub. L. No. 101--624; 104 Stat. 2981),
effective November 28, 1990; section 1603 of title XVI and sections
2504(c) and 2595(a)(2) of title XXV of the Act of November 29, 1990
(Pub. L. No. 101--647; 104 Stat. 4843, 4861, and 4907 respectively),
effective November 29, 1990; section 119(c) of title I of the Act of
September 23, 1994 (Pub. L. No. 103--325; 108 Stat. 2188), effective
September 23, 1994; section 106(a) of title VI of the Act of October
11, 1996 (Pub. L. No. 104--294); 110 Stat. 3511), effective October 11,
1996]
[The page following this is 8289.]
{{2-29-08 p.8289}}
§ 709. False advertising or misuse of names to indicate Federal
agency.
Whoever, except as permitted by the laws of the United States, uses
the words "national", "Federal", "United States",
"reserve", or "Deposit Insurance" as part of the business
or firm name of a person, corporation, partnership, business trust,
association or other business entity engaged in the banking, loan,
building and loan, brokerage, factorage, insurance, indemnity, savings
or trust business; or
Whoever falsely advertises or represents, or publishes or displays
any sign, symbol or advertisement reasonably calculated to convey the
impression that a nonmember bank, banking association, firm or
partnership is a member of the Federal reserve system; or
Whoever, except as expressly authorized by Federal law, uses the
words "Federal Deposit", "Federal Deposit Insurance", or
"Federal Deposit Insurance Corporation" or a combination of any
three of these words, as the name or a part thereof under which he or
it does business, or advertises or otherwise represents falsely by any
device whatsoever that his or its deposit liabilities, obligations,
certificates, or shares are insured or guaranteed by the Federal
Deposit Insurance Corporation, or by the United States or by any
instrumentality thereof, or whoever advertises that his or its
deposits, shares, or accounts are federally insured, or falsely
advertises or otherwise represents by any device whatsoever the extent
to which or the manner in which the deposit liabilities of an insured
bank or banks are insured by the Federal Deposit Insurance Corporation;
or
Whoever falsely advertises or otherwise represents by any device
whatsoever that his or its deposit liabilities, obligations,
certificates, or shares are insured under the Federal Credit Union Act
or by the United States or any instrumentality thereof, or, being an
insured credit union as defined in that Act falsely advertises or
otherwise represents by any device whatsoever the extent to which or
the manner in which shareholdings in such credit union are insured
under such Act; or
Whoever, not being organized under chapter 7 of Title 12, advertises
or represents that it makes Federal Farm loans or advertises or offers
for sale as Federal Farm loan bonds any bond not issued under chapter 7
of Title 12, or uses the word "Federal" or the words "United
States" or any other words implying Government ownership, obligation
or supervision in advertising or offering for sale any bond, note,
mortgage or other security not issued by the Government of the United
States under the provisions of said chapter 7 or some other Act of
Congress; or
Whoever uses the words "Federal Home Loan Bank" or any
combination or variation of these words alone or with other words as a
business name or part of a business name, or falsely publishes,
advertises or represents by any device or symbol or other means
reasonably calculated to convey the impression that he or it is a
Federal Home Loan Bank or member of or subscriber for the stock of a
Federal Home Loan Bank; or
Whoever uses the words "Federal intermediate credit bank" as
part of the business or firm name for any person, corporation,
partnership, business trust, association or other business entity not
organized as an intermediate credit bank under the laws of the United
States; or
Whoever uses as a firm or business name the words "Department of
Housing and Urban Development", "Housing and Home Finance
Agency", "Federal Housing Administration", "Government
National Mortgage Association", "United States Housing
Authority", or "Public Housing Administration" or the letters
"HUD", "FHA", "PHA", or "USHA", or any
combination or variation of those words or the letters "HUD",
"FHA", "PHA", or "USHA" alone or with other words or
letters reasonably calculated to convey the false impression that such
name or business has some connection with, or authorization from, the
Department of Housing and Urban Development, the Housing and Home
Finance Agency, the Federal Housing Administration, the Government
National Mortgage Association, the United States Housing Authority, the
Public Housing Administration, the Government of the United States, or
any agency thereof, which does not in fact exist, or falsely claims
that any repair, improvement, or alteration of any existing structure
is required or recommended by the Department of Housing and Urban
Development, the Housing and Home Finance
{{2-29-08 p.8290}}Agency, the Federal
Housing Administration, the Government National Mortgage Association,
the United States Housing Authority, the Public Housing Administration,
the Government of the United States, or any agency thereof, for the
purpose of inducing any person to enter into a contract for the making
of such repairs, alterations, or improvements, or falsely advertises or
falsely represents by any device whatsoever that any housing unit,
project, business, or product has been in any way endorsed, authorized,
inspected, appraised, or approved by the Department of Housing and
Urban Development, the Housing and Home Finance Agency, the Federal
Housing Administration, the Government National Mortgage Association,
the United States Housing Authority, the Public Housing Administration,
the Government of the United States, or any agency thereof; or
Whoever, except with the written permission of the Director of the
Federal Bureau of Investigation, knowingly uses the words "Federal
Bureau of Investigation" or the initials "F.B.I.," or any
colorable imitation of such words or initials, in connection with any
advertisement, circular, book, pamphlet or other publication, play,
motion picture, broadcast, telecast, or other production, in a manner
reasonably calculated to convey the impression that such advertisement,
circular, book, pamphlet or other publication, play, motion picture,
broadcast, telecast, or other production, is approved, endorsed, or
authorized by the Federal Bureau of Investigation; or
Whoever, except with written permission of the Director of the
United States Secret Service, knowingly uses the words "Secret
Service", "Secret Service Uniformed Division", the initials
"U.S.S.S.", "U.D.", or any colorable imitation of such
words or initials, in connection with, or as a part of any
advertisement, circular, book, pamphlet or other publication, play,
motion picture, broadcast, telecast, other production, product, or
item, in a manner reasonably calculated to convey the impression that
such advertisment, circular, book, pamphlet or other publication,
product, or item, is approved, endorsed, or authorized by or associated
in any manner with, the United States Secret Service, or the United
States Secret Service Uniformed Division; or
Whoever, except with the written permission of the Administrator of
the Drug Enforcement Administration, knowingly uses the words "Drug
Enforcement Administration" or the initials "DEA" or any
colorable imitation of such words or initials, in connection with any
advertisement, circular, book, pamphlet, software or other publication,
play, motion picture, broadcast, telecast, or other production, in a
manner reasonably calculated to convey the impression that such
advertisement, circular, book, pamphlet, software or other publication,
play, motion picture, broadcast, telecast, or other production is
approved, endorsed, or authorized by the Drug Enforcement
Administration;
Whoever, except with the written permission of the Director of the
United States Marshals Service, knowingly uses the words "United
States Marshals Service", "U.S. Marshals Service", "United
States Marshal", "U.S. Marshal", "U.S.M.S.", or any
colorable imitation of any such words, or the likeness of a United
States Marshals Service badge, logo, or insignia on any item of
apparel, in connection with any advertisement, circular, book,
pamphlet, software, or other publication, or any play, motion picture,
broadcast, telecast, or other production, in a manner that is
reasonably calculated to convey the impression that the wearer of the
item of apparel is acting pursuant to the legal authority of the United
States Marshals Service, or to convey the impression that such
advertisement, circular, book, pamphlet, software, or other
publication, or such play, motion picture, broadcast, telecast, or
other production, is approved, endorsed, or authorized by the United
States Marshals Service;
Shall be punished as follows: a corporation, partnership, business
trust, association, or other business entity, by a fine under this
title; an officer or member thereof participating or knowingly
acquiescing in such violation or an individual violating this section,
by a fine under this title or imprisonment for not more than one year,
or both.
This section shall not make unlawful the use of any name or title
which was lawful on the date of enactment of this title.
This section shall not make unlawful the use of the word
"national" as part of the name of any business or firm engaged in
the insurance or indemnity business, whether such firm
{{2-29-08 p.8291}}was engaged in the
insurance or indemnity business prior or subsequent to the date of
enactment of this paragraph.
A violation of this section may be enjoined at the suit of the
United States Attorney, upon complaint by any duly authorized
representative of any department or agency of the United States.
[Codified to 18 U.S.C. 709]
[Source: Section 1[709] of the Act of June 25, 1948
(Pub L. No. 772; 62 Stat. 733), effective September 1, 1948, as amended
by section 3(a) of the Act of September 21, 1950 (Pub. L. No. 797; 64
Stat. 894), effective January 1, 1951; section 22 of the Act of October
31, 1951 (Pub. L. No. 248; 65 Stat. 719), effective October 31, 1951;
the Act of July 3, 1952 (Pub. L. No. 438; 66 Stat. 321), effective July
3, 1952; section 131 of title I of the Act of August 2, 1954 (Pub. L.
No. 560; 68 Stat. 609), effective August 2, 1954; the Act of August 27,
1954 (Pub. L. No. 670; 68 Stat. 867), effective August 27, 1954;
section 24(b) of the Act of May 25, 1967 (Pub. L. No. 90--19; 81 Stat.
27), effective May 25, 1967; section 807(i) of title VIII of the Act of
August 1, 1968 (Pub. L. No. 90--448; 82 Stat. 545), effective September
1, 1968; section 5 of the Act of October 19, 1970 (Pub. L. No. 91--468;
84 Stat. 1016), effective October 19, 1970; section 7079 of title VII
of the Act of November 18, 1988 (Pub. L. No. 100--690; 102 Stat. 4406),
effective February 16, 1989; sections 320911(a) of title XXXII and
330004(3), and 330016(2)(C) of title XXXIII of the Act of September 13,
1994 (Pub. L. No. 103--322; 108 Stat. 2127, 2141, and 2148,
respectively), effective September 13, 1994; section 602(a) of title VI
of the Act of October 11, 1996 (Pub. L. No. 104--294; 110 Stat. 3503),
effective October 11, 1996; section 7 of the Act of June 23, 1998 (Pub.
L. No. 105--184; 112 Stat. 522), effective June 23, 1998; section
4002(a)(10) of division B of Title IV of the Act of November 2, 2002
(Pub. L. No. 107--273; 116 Stat. 1807); effective November 2,
2002]
§ 986. Subpoenas for bank records
(a) At any time after the commencement of any action for forfeiture
in rem brought by the United States under
section 1956,
1957, or 1960 of this title,
section 5322 or
5324 of title 31, United
States Code, or the Controlled Substances Act, any party may request
the Clerk of the Court in the district in which the proceeding is
pending to issue a subpoena duces tecum to any financial institution,
as defined in section 5312(a) of title 31, United States Code, to
produce books, records and any other documents at any place designated
by the requesting party. All parties to the proceeding shall be
notified of the issuance of any such subpoena. The procedures and
limitations set forth in section 985 of this title shall apply to
subpoenas issued under this section.
(b) Service of a subpoena issued pursuant to this section shall be
by certified mail. Records produced in response to such a subpoena may
be produced in person or by mail, common carrier, or such other method
as may be agreed upon by the party requesting the subpoena and the
custodian of records. The party requesting the subpoena may require the
custodian of records to submit an affidavit certifying the authenticity
and completeness of the records and explaining the omission of any
record called for in the subpoena.
(c) Nothing in this section shall preclude any party from pursuant
any form of discovery pursuing to the Federal Rules of Civil Procedure.
(d) ACCESS TO RECORDS IN BANK SECRECY JURISDICTIONS.--
(1) IN GENERAL.--In any civil forfeiture case, or in any
ancillary proceeding in any criminal forfeiture case governed by
section 413(n) of the Controlled Substances Act (21 U.S.C. 853(n)), in
which--
(A) financial records located in a foreign country may be
material--
(i) to any claim or to the ability of the Government to respond
to such claim; or
(ii) in a civil forfeiture case, to the ability of the Government
to establish the forfeitability of the property; and
(B) it is within the capacity of the claimant to waive the
claimant's rights under applicable financial secrecy laws, or to
obtain the records so that such records can be made available
notwithstanding such secrecy laws,
{{2-29-08 p.8292}}
the refusal of the claimant to provide the records in response to a
discovery request or to take the action necessary otherwise to make the
records available shall be grounds for judicial sanctions, up to and
including dismissal of the claim with prejudice.
(2) PRIVILEGE.--This subsection shall not affect the right of the
claimant to refuse production on the basis of any privilege guaranteed
by the Constitution of the United States or any other provision of
Federal law.
[Codified to 18 U.S.C. 986]
[Source: Section 986 added by section 1523(a) of title XV of the
Act of October 28, 1992 (Pub. L. No. 102--550; 106 Stat. 4063),
effective October 28, 1992; as amended by section 411(c)(2)(E) of title
IV of the Act of September 23, 1994 (Pub. L. No. 103--325; 108 Stat.
2253), effective September 23, 1994; section 17 of the Act of April 25,
2000 (Pub. L. No. 106--185; 114 Stat. 221), effective April 25, 2000]
EDITOR's NOTE
Sections 891–896 appear after section 202 of title II of
the Consumer Credit Protection Act.
§ 1001. Statements or entries generally.
(a) Except as otherwise provided in this section, whoever, in any
matter within the jurisdiction of the executive, legislative, or
judicial branch of the Government of the United States, knowingly and
willfully--
(1) falsifies, conceals, or covers up by any trick, scheme, or
device a material fact;
(2) makes any materially false, fictitious, or fraudulent
statement or representation; or
(3) makes or uses any false writing or document knowing the same
to contain any materially false, fictitious, or fraudulent statement or
entry;
shall be fined under this title or imprisoned not more than 5 years,
or both. If the matter relates to an offense under 109A, 109B, 110, or
117, or section 1591, then the term of imprisonment imposed under this
section shall not be more than 8 years.
(b) Subsection (a) does not apply to a party to a judicial
proceeding, or that party's counsel, for statements, representations,
writings or documents submitted by such party or counsel to a judge or
magistrate in that proceeding.
(c) With respect to any matter within the jurisdiction of the
legislative branch, subsection (a) shall apply only to--
(1) administrative matters, including a claim for payment, a
matter related to the procurement of property or services, personnel or
employment practices, or support services, or a document required by
law, rule, or regulation to be submitted to the Congress or any office
or officer within the legislative branch; or
(2) any investigation or review, conducted pursuant to the
authority of any committee, subcommittee, commission or office of the
Congress, consistent with applicable rules of the House or Senate.
[Codified to 18 U.S.C. 1001]
[Source: Section 1[1001] of the Act of June 25, 1948 (Pub. L.
No. 772; 62 Stat. 749), effective September 1, 1948; as amended by
section 330016(1)(L) of title XXXIII of the Act of September 13, 1994
(Pub. L. No. 103--322; 108 Stat. 2147), effective September 13, 1994;
Section 2 of the Act of October 11, 1996 (Pub. L. No. 104--292 110
Stat. 3459), effective October 11, 1996; section 141(c) of the Act of
July 27, 2006 (Pub. L. No. 109--248; 120 Stat. 603), effective July
27, 2006]
§ 1004. Certification of checks.
Whoever, being an officer, director, agent, or employee of any
Federal Reserve bank, member bank of the Federal Reserve System,
insured bank (as defined in section
3(h) of the Federal Deposit Insurance Act), branch or agency of
a foreign bank (as such terms are defined in paragraphs (1) and (3) of
section 1(b) of the
International Banking Act of 1978),
{{10-31-08 p.8293}}or organization
operating under section 25 or section 25(a) of the Federal Reserve Act,
certifies a check before the amount thereof has been regularly
deposited in the bank, branch, agency, or organization, by the drawer
thereof, or resorts to any device, or receives any fictitious
obligation, directly or collaterally, in order to evade any of the
provisions of law relating to certification of checks, shall be fined
under this title or imprisoned not more than five years, or both.
[Codified to 18 U.S.C. 1004]
[Source: Section 1[1004] of the Act of June 25, 1948 (Pub. L.
No. 772; 62 Stat. 749), effective September 1, 1948, as amended by
section 2597(g) of title XXV of the Act of November 29, 1990 (Pub. L.
No. 101--647; 104 Stat. 4910), effective November 29, 1990; section
330016(1)(K) of title XXXIII of the Act of September 13, 1994 (Pub. L.
No. 103--322; 108 Stat. 2147), effective September 13,
1994]
§ 1005. Bank entries, reports and transactions.
Whoever, being an officer, director, agent or employee of any
Federal Reserve bank, member bank, depository institution holding
company, national bank, insured bank, branch or agency of a foreign
bank, or organization operating under section 25 or section 25(a) of
the Federal Reserve Act, without authority from the directors of such
bank, branch, agency, or organization or company, issues or puts in
circulation any notes of such banks; or
Whoever, without such authority, makes, draws, issues, puts forth,
or assigns any certificate of deposit, draft, order, bill of exchange,
acceptance, note, debentures, bond, or other obligation, or mortgage,
judgment or decree; or
Whoever, makes any false entry in any book, report, or statement of
such bank, company, branch, agency, or organization with intent to
injure or defraud such bank, company, branch, agency, or organization,
or any other company, body politic or corporate, or any individual
person, or to deceive any officer of such bank, company, branch,
agency, or organization, or the Comptroller of the Currency, or the
Federal Deposit Insurance Corporation, or any agent or examiner
appointed to examine the affairs of such bank, company, branch, agency,
or organization, or the Board of Governors of the Federal Reserve
System; or
Whoever with intent to defraud the United States or any agency
thereof, or any financial institution referred to in this section,
participates or shares in or receives (directly or indirectly) any
money, profit, property, or benefits through any transaction, loan,
commission, contract, or any other act of any such financial
institution--
Shall be fined not more than $1,000,000 or imprisoned not more than
30 years, or both.
As used in this section, the term "national bank" is
synonymous with "national banking association"; "member
bank" means and includes any national bank, state bank, or bank or
trust company, which has become a member of one of the Federal Reserve
banks; "insured bank" includes any state bank, banking
association, trust company, savings bank, or other banking institution,
the deposits of which are insured by the Federal Deposit Insurance
Corporation; and the term "branch or agency of a foreign bank"
means a branch or agency described in
section 20(9) of this title.
For purposes of this section, the term "depository institution
holding company" has the meaning given such term in
section 3(w)(1) of the Federal
Deposit Insurance Act.
[Codified to 18 U.S.C. 1005]
[Source: 1[1005] of the Act of June 25, 1948 (Pub. L.
No. 772; 62 Stat. 750), effective September 1, 1948, as amended by
section 961(d) of title IX of the Act of August 9, 1989 (Pub. L. No.
101--73; 103 Stat. 499), effective August 9, 1989; sections 2504(d) and
2595(a)(3) and 2597(h) of title XXV of the Act of November 29, 1990
(Pub. L. No. 101--647; 104 Stat. 4861, 4907, respectively), effective
November 29, 1990; section 4003 2(a) of title IV of the Act of November
2, 2002 (Pub. L. No. 107--273; 116 Stat. 1811), effective November 2,
2002]
{{10-31-08 p.8294}}
§ 1006. Federal credit institution entries, reports and
transactions.
Whoever, being an officer, agent or employee of or connected in any
capacity with the Federal Deposit Insurance Corporation, National
Credit Union Administration, Office of Thrift Supervision, any Federal
home loan bank, the Federal Housing Finance Agency, the Resolution
Trust Corporation, Farm Credit Administration, Department of Housing
and Urban Development, Federal Crop Insurance Corporation, the
Secretary of Agriculture acting through the Farmers Home
Administration, the Rural Development Administration or the Farm Credit
System Insurance Corporation, a Farm Credit Bank, a bank for
cooperatives of any lending, mortgage, insurance, credit or savings and
loan corporation or association authorized or acting under the laws of
the United States or any institution, other than an insured bank (as
defined in section 656), the accounts of which are insured by the
Federal Deposit Insurance Corporation, or by the Administrator of the
National Credit Union Administration or any small business investment
company, with intent to defraud any such institution or any other
company, body politic or corporate, or any individual, or to deceive
any officer, auditor, examiner or agent of any such institution or of
department or agency of the United States, makes any false entry in any
book, report or statement of or to any such institution, or without
being duly authorized, draws any order or bill of exchange, makes any
acceptance, or issues, puts forth or assigns any note, debenture, bond
or other obligation, or draft, bill of exchange, mortgage, judgment, of
decree, or, with intent to defraud the United States or any agency
thereof, or any corporation, institution, or association referred to in
this section, participates or shares in or receives directly any money
profit property or benefits through any transaction, loan, commission,
contract, or any other act of any such corporation, institution, or
association, shall be fined not more than $1,000,000 or imprisoned not
more than 30 years, or both.
[Codified to 18 U.S.C. 1006]
[Source: Section 1[1006] of the Act of June 25, 1948
(Pub. L. No. 772; 62 Stat. 750) effective September 1, 1948, as amended
by section 20 of the Act of May 24, 1949 (Pub. L. No. 72; 63 Stat. 92),
effective May 24, 1949; section 2 of the Act of July 28, 1956 (Pub. L.
No. 831; 70 Stat. 714), effective July 28, 1956; section 704 of title
VII of the Act of August 21, 1958 (Pub. L. No. 85--699; 72 Stat. 698),
effective August 21, 1958; section 3(s) of the Act of October 4, 1961
(Pub. L. No. 87--353; 75 Stat. 774), effective October 4, 1961; section
24(a) of the Act of May 25, 1967 (Pub. L. No. 90--19; 81 Stat. 27),
effective May 25, 1967; section 6 of the Act of October 19, 1970 (Pub.
L. No. 91--468; 84 Stat. 1016), effective October 19, 1970; sections
961(e) and 962(a)(8)(A) of title IX of the Act of August 9, 1989 (Pub.
L. No. 101--73; 103 Stat. 500 and 502, respectively), effective August
9, 1989; and section 2303(e) of title XXIII of the Act of November 28,
1990 (Pub. L. No. 101--624; 104 Stat. 3981), effective November 28,
1990; sections 2504(e) and 2595(a)(4) of title XXV of the Act of
November 29, 1990 (Pub. L. No. 101--647; 104 Stat. 4861 and 4907),
effective November 29, 1990; section 330004(6) of title XXXIII of the
Act of September 13, 1994 (Pub. L. No. 103--322; 108 Stat. 2141),
effective September 13, 1994; section 1216(c) of title II of the Act of
July 30, 2008 (Pub. L. No. 110--289; 122 Stat. 2792, effective July 30,
2008]
§ 1007. Federal Deposit Insurance Corporation transactions.
Whoever, for the purpose of influencing in any way the action of the
Federal Deposit Insurance Corporation, knowingly makes or invites
reliance on a false, forged, or counterfeit statement, document, or
thing shall be fined not more than $1,000,000 or imprisoned not more
than 30 years, or both.
[Codified to 18 U.S.C. 1007]
[Source: Section 1[1007] of the Act of June 25, 1948
(Pub. L. No. 772; 62 Stat. 750), effective September 1, 1948, as
amended by section 961(f) of title IX of the Act of August 9, 1989
(Pub. L. No. 101--73; 103 Stat. 500), effective August 9, 1989; section
2504(f) of title XXV of the Act of November 29, 1990 (Pub. L. No.
101--647; 104 Stat. 4861), effective November 29, 1990; section
330001(c) of title XXXIII of the Act of September 13, 1994 (Pub. L. No.
103--322; 108 Stat. 2140), effective September 13, 1994]
{{10-31-08 p.8295}}
§ 1014. Loan and credit applications generally; renewals and
discounts; crop insurance.
Whoever knowingly makes any false statement or report, or willfully
overvalues any land, property or security, for the purpose of
influencing in any way the action of the Federal Housing Administration
Farm Credit Administration, Federal Crop Insurance Corporation or a
company the Corporation reinsures, the Secretary of Agriculture acting
through the Farmers Home Administration, the Rural Development
Administration, any Farm Credit Bank, production credit association,
agricultural credit association, bank for cooperatives, or any
division, officer, or employee thereof, or of any regional agricultural
credit corporation established pursuant to law, or a Federal land bank,
a Federal land bank association, a Federal Reserve bank, a small
business investment company, as defined in section 103 of the Small
Business Investment Act of 1958 (15 U.S.C. 662) or the Small Business
Administration in connection with any provision of that Act, a Federal
credit union, an insured State-chartered credit union, any institution
the accounts of which are insured by the Federal Deposit Insurance
Corporation, the Office of Thrift Supervision, any Federal home loan
bank, the Federal Housing Finance Agency, the Federal Deposit Insurance
Corporation, the Resolution Trust Corporation, the Farm Credit System
Insurance Corporation, or the National Credit Union Administration
Board, a branch or agency of a foreign bank (as such terms are defined
in paragraphs (1) and (3) of section
1(b) of the International Banking Act of 1978), or an
organization operating under section 25 or section 25(a) of the Federal
Reserve Act, upon any application, advance, discount, purchase,
purchase agreement, repurchase agreement, commitment, loan, or
insurance agreement or application for insurance or a guarantee or any
change or extension of any of the same, by renewal, deferment of action
or otherwise, or the acceptance, release, or substitution of security
therefor, shall be fined not more than $1,000,000 or imprisoned not
more than 30 years, or both. The term "State-chartered credit
union" includes a credit union chartered under the laws of a State
of the United States, the District of Columbia, or any commonwealth,
territory, or possession of the United States.
[Codified to 18 U.S.C. 1014]
[Source: Section 1[1014] of the Act of June 25, 1948
(Pub. L. No. 772; 62 Stat. 752), effective September 1, 1948, as
amended by section 21 of the Act of May 24, 1949 (Pub. L. No. 72; 63
Stat. 92), effective May 24, 1949; section 109 of title I of the Act of
July 26, 1956 (Pub. L. No. 809; 70 Stat. 667), effective January 1,
1957; section 705 of title VII of the Act of August 21, 1958 (Pub. L.
No. 85--699; 72 Stat. 699), effective August 21, 1958; section 104(h)
of title I of the Act of August 18, 1959 (Pub. L. No. 86--168; 73 Stat.
387), effective December 31, 1959; section 3(t) of the Act. of October
4, 1961 (Pub. L. No. 87--353; 75 Stat. 774), effective October 4, 1961;
section 5 of the Act of July 2, 1964 (Pub. L. No. 88--353; 78 Stat.
269), effective July 2, 1964; section 7 of the Act of October 19, 1970
(Pub. L. No. 91--468; 84 Stat. 1017), effective October 19, 1970;
section 915 of title IX of the Act of December 31, 1970 (Pub. L. No.
91--609; 84 Stat. 1815), effective December 31, 1970; section 4(b) of
the Act of October 12, 1982 (Pub. L. No. 97--297; 96 Stat. 1318),
effective October 12, 1982; section 961(h) and 962(a)(8)(B) of title IX
of the Act of August 9, 1989 (Pub. L. No. 101--73; 103 Stat. 500 and
502, respectively) effective August 9, 1989; and section 2303(e) of
title XXIII of the Act of November 28, 1990 (Pub. L. No. 101--624; 104
Stat. 3981), effective November 28, 1990; section 1603 of title XVI and
sections 2504(g), 2595(a)(5), and 2597 of title XXV of the Act of
November 29, 1990 (Pub. L. No. 101--647; 104 Stat. 4861, 4907, and
4910, respectively), effective November 29, 1990; sections 330002(d),
and 330008(8) of title XXXIII of the Act of September 13, 1994 (Pub. L.
No. 103--322; 108 Stat. 2140, and 2143, respectively), effective
September 13, 1994; sections 602(b) and 607(d), of title VI of the Act
of October 11, 1996 (Pub. L. No. 104--294, 110 Stat. 3503 and 3511),
effective October 11, 1996; section 4(a) of the Act of December 21,
2001 (Pub. L. No. 107--100; 115 Stat. 966), effective December 21,
2001; section 1216(c) of title II of the Act of July 30, 2008 (Pub. L.
No. 110--289; 122 Stat. 2792), effective July 30, 2008; section 2129 of
title I of the Act of July 30, 2008 (Pub. L. No. 110--289; 122 Stat.
2842]
{{10-31-08 p.8296}}
§ 1032. Concealment of assets from conservator, receiver, or
liquidating agent of financial institution.
Whoever--
(1) knowingly conceals or endeavors to conceal an asset or
property from the Federal Deposit Insurance Corporation, acting as
conservator or receiver or in the Corporation's corporate capacity with
respect to any asset acquired or liability assumed by the Corporation
under section 11,
12, or
13 of the Federal Deposit
Insurance Act, the Resolution Trust Corporation, any conservator
appointed by the Comptroller of the Currency or the Director of the
Office of Thrift Supervision, or the National Credit Union
Administration Board, acting as conservator or liquidating agent;
(2) corruptly impedes or endeavors to impede the functions of
such Corporation, Board, or conservator; or
(3) corruptly places or endeavors to place an asset or property
beyond the reach of such Corporation, Board, or conservator, shall be
fined under this title or imprisoned not more than 5 years, or both.
[Codified to 18 U.S.C. 1032]
[Source: Section 1032 added by section 2501(a) of title XXV of the
Act of November 29, 1990 (Pub. L. No. 101--647; 104 Stat. 4859),
effective November 29, 1990; as amended by section 4002(b)(13) of title
IV of the Act of November 2, 2002 (Pub. L. No. 107--273; 116 Stat.
1808), effective November 2, 2002]
§ 1114. Protection of officers and employees of the United
States.
Whoever kills or attempts to kill any officer or employee of the
United States or of any agency in any branch of the United States
government (including any member of the uniformed services) while such
officer or employee is engaged in or on account of the performance of
official duties, or any person assisting such an officer or employee in
the performance of such duties or on account of that assistance, shall
be punished--
(1) in the case of murder, as provided under section 1111;
(2) in the case of manslaughter, as provided under section 1112;
or
(3) in the case of attempted murder or manslaughter, as provided
in section 1113.
[Codified to 18 U.S.C. 1114]
[Source: Section 1[1114] of the Act of June 25,
1948 (Pub. L. No. 772; 62 Stat. 756), effective September 1, 1948; as
amended by section 24 of the Act of May 24, 1949 (Pub. L. No. 72; 63
Stat. 93), effective May 24, 1949; section 28 of the Act of October 31,
1951 (Pub. L. No. 248; 65 Stat 721), effective October 31, 1951;
section 402(c) of title IV of the Act of June 27, 1952 (Pub. L. No.
414; 66 Stat. 276), effective January 3, 1953; section 304(d) of title
III of the Act of July 29, 1958 (Pub. L. No. 85--568; 72 Stat. 434),
effective July 29, 1958; section 10 of the Act of July 2, 1962 (Pub. L.
No. 87--518; 76 Stat. 132), effective July 2, 1962; section 3 of the
Act of August 27, 1964 (Pub. L. No. 88--493; 78 Stat. 610), effective
August 27, 1964; section 8(b) of the Act of July 15, 1965 (Pub. L. No.
89--74; 79 Stat. 234), effective July 15, 1965; section 2 of the Act of
August 2, 1968 (Pub. L. No. 90--449; 82 Stat. 611), effective August 2,
1968; section 6(j)(9) of the Act of August 12, 1970 (Pub. L. No.
91--375; 84 Stat. 777), effective August 12, 1971; section 701(i)(1) of
title VII of the Act of October 27, 1970 (Pub. L. No. 91--513; 84 Stat.
1282), effective May 1, 1971; section 17(h)(1) of the Act of December
29, 1970 (Pub. L. No. 91--596; 84 Stat. 1607), effective April 27,
1971; section 5 of the Act of October 26, 1974 (Pub. L. No. 93--481; 88
Stat 1456), effective October 26, 1974; section 18 of the Act of May
11, 1976 (Pub. L. No. 94--284; 90 Stat. 514), effective May 11, 1976;
section 16 of the Act of October 21, 1976 (Pub. L. No.
{{2-29-08 p.8297}}94--582; 90 Stat.
2883), effective November 20, 1976; section 704 of title VII of the Act
of August 3, 1977 (Pub. L. No. 95--87; 91 Stat. 520), effective August
3, 1977; section 3(j)(2) of the Act of November 8, 1978 (Pub. L. No.
95--616; 92 Stat. 3112), effective November 8, 1978; section 307 of
title III of the Act of November 10, 1978 (Pub. L. No. 95--630; 92
Stat. 3677), effective March 10, 1979; section 26(c) of the Act of July
1, 1980 (Pub. L. No. 96--296; 94 Stat. 819), effective July 1, 1980;
section 704 of title VII of the Act of October 17, 1980 (Pub. L. No.
96--466; 94 Stat. 2216), effective October 17, 1980; section 1(b) of
the Act of December 29, 1981 (Pub. L. No. 97--143; 95 Stat. 1724),
effective December 29, 1981; section 128 of title I of the Act of
September 13, 1982 (Pub. L. No. 97--259; 96 Stat. 1099), effective
September 13, 1982; section 6 of the Act of October 25, 1982 (Pub. L.
No. 97--365; 96 Stat. 1752), effective September 30, 1982; section 2(b)
of the Act of January 12, 1983 (Pub. L. No. 97--452; 96 Stat. 2478),
effective January 12, 1983; section 101 of title I of the Act of July
29, 1983 (Pub. L. No. 98--63; 97 Stat. 313), effective July 30, 1983;
section 1012 of title II of the Act of October 12, 1984 (Pub. L. No.
98--473; 98 Stat. 2142), effective October 12, 1984; section 17(c) of
the Act of October 30, 1984 (Pub. L. No. 98--557; 98 Stat. 2868),
effective October 30, 1984; section 7026 of title VII of the Act of
November 18, 1988 (Pub. L. No. 100--690; 102 Stat. 4397), effective
November 18, 1988; section 962(a)(6) of title IX of the Act of August
9, 1989 (Pub. L. No. 101--73; 103 Stat. 502), effective August 9, 1989;
section 1205(h) of title XII, section 1606 of title XVI, and section
3535 of title XXXV of the Act of November 29, 1990 (Pub. L. No.
101--647; 104 Stat. 4831, 4843, and 4925, respectively), effective
November 29, 1990; section 13(f)(2) of the Act of June 13, 1991 (Pub.
L. No. 102--54; 105 Stat. 275), effective June 13, 1991; section 6 of
the Act of September 3, 1992 (Pub. L. No. 102--365; 106 Stat. 975),
effective September 3, 1992; section 6 of the Act of September 3, 1992;
section 727a of title VII of the Act of April 24, 1996 (Pub. L. No.
104-132; 110 Stat. 1302), effective April 24,
1996]
*So in statute as enacted. Paragraphs (7), (8), and (9)
should probably be (8), (9), and (10). Go Back to Text
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