US (United States) Code. Title 18. Chapter 47: Fraud and false statements

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Crimes and criminal procedure

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-CITE-

18 USC CHAPTER 47 - FRAUD AND FALSE STATEMENTS 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

.

-HEAD-

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-MISC1-

Sec.

1001. Statements or entries generally.

1002. Possession of false papers to defraud United States.

1003. Demands against the United States.

1004. Certification of checks.

1005. Bank entries, reports and transactions.

1006. Federal credit institution entries, reports and transactions.

1007. Federal Deposit Insurance Corporation transactions.

(1008, 1009. Repealed.)

1010. Department of Housing and Urban Development and Federal

Housing Administration transactions.

1011. Federal land bank mortgage transactions.

1012. Department of Housing and Urban Development transactions.

1013. Farm loan bonds and credit bank debentures.

1014. Loan and credit applications generally; renewals and

discounts; crop insurance.

1015. Naturalization, citizenship or alien registry.

1016. Acknowledgment of appearance or oath.

1017. Government seals wrongfully used and instruments wrongfully

sealed.

1018. Official certificates or writings.

1019. Certificates by consular officers.

1020. Highway projects.

1021. Title records.

1022. Delivery of certificate, voucher, receipt for military or

naval property.

1023. Insufficient delivery of money or property for military or

naval service.

1024. Purchase or receipt of military, naval, or veteran's

facilities property.

1025. False pretenses on high seas and other waters.

1026. Compromise, adjustment, or cancellation of farm indebtedness.

1027. False statements and concealment of facts in relation to

documents required by the Employee Retirement Income Security Act

of 1974.

1028. Fraud and related activity in connection with identification

documents and information.

1029. Fraud and related activity in connection with access devices.

1030. Fraud and related activity in connection with computers.

1031. Major fraud against the United States.

1032. Concealment of assets from conservator, receiver, or

liquidating agent of financial institution.

1033. Crimes by or affecting persons engaged in the business of

insurance whose activities affect interstate commerce.

1034. Civil penalties and injunctions for violations of section

1033.

1035. False statements relating to health care matters.

1036. Entry by false pretenses to any real property, vessel, or

aircraft of the United States or secure area of any airport.

AMENDMENTS

2000 - Pub. L. 106-547, Sec. 2(b), Dec. 19, 2000, 114 Stat. 2739,

added item 1036.

1998 - Pub. L. 105-318, Sec. 3(h)(2), Oct. 30, 1998, 112 Stat.

3009, inserted ''and information'' at end of item 1028.

1996 - Pub. L. 104-294, title VI, Sec. 601(f)(8), Oct. 11, 1996,

110 Stat. 3500, substituted ''veteran's facilities'' for

''veterans' facilities'' in item 1024.

Pub. L. 104-191, title II, Sec. 244(b), Aug. 21, 1996, 110 Stat.

2017, added item 1035.

1994 - Pub. L. 103-322, title XXXII, Sec. 320603(b), Sept. 13,

1994, 108 Stat. 2118, added items 1033 and 1034.

1990 - Pub. L. 101-647, title XXV, Sec. 2501(b), title XXXV, Sec.

3532, Nov. 29, 1990, 104 Stat. 4860, 4925, inserted a period after

''1031'' and added item 1032.

1989 - Pub. L. 101-73, title IX, Sec. 961(g)(2), 962(a)(4), Aug.

9, 1989, 103 Stat. 500, 502, struck out item 1008 ''Federal Savings

and Loan Insurance Corporation transactions'' and item 1009

''Rumors regarding Federal Savings and Loan Insurance

Corporation''.

1988 - Pub. L. 100-700, Sec. 2(c), Nov. 19, 1988, 102 Stat. 4632,

added item 1031.

1984 - Pub. L. 98-473, title II, Sec. 1602(b), 2102(b), Oct. 12,

1984, 98 Stat. 2184, 2192, added items 1029 and 1030.

1982 - Pub. L. 97-398, Sec. 3, Dec. 31, 1982, 96 Stat. 2010,

added item 1028.

1974 - Pub. L. 93-406, title I, Sec. 111(a)(2)(B)(iii), Sept. 2,

1974, 88 Stat. 852, substituted ''Employee Retirement Income

Security Act of 1974'' for ''Welfare and Pension Plans Disclosure

Act'' in item 1027.

1967 - Pub. L. 90-19, Sec. 24(e), May 25, 1967, 81 Stat. 28,

included ''Department of Housing and Urban Development'' in item

1010, and substituted the same for ''Public Housing

Administration'' in item 1012.

1962 - Pub. L. 87-420, Sec. 17(d), Mar. 20, 1962, 76 Stat. 42,

added item 1027.

1951 - Act Oct. 31, 1951, ch. 655, Sec. 25, 65 Stat. 720,

substituted ''Public Housing Administration'' for ''United States

Housing Authority'' in item 1012.

1949 - Act May 24, 1949, ch. 139, Sec. 18, 19, 63 Stat. 92,

corrected spelling in item 1012 and substituted ''officers'' for

''offices'' in item 1019.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 7 section 12a; title 15

sections 78o, 80b-3; title 29 section 1031.

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18 USC Sec. 1001 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1001. Statements or entries generally

-STATUTE-

(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.

(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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 749; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L.

104-292, Sec. 2, Oct. 11, 1996, 110 Stat. 3459.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 80 (Mar. 4, 1909, ch.

321, Sec. 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015;

June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52

Stat. 197).

Section 80 of title 18, U.S.C., 1940 ed., was divided into two

parts.

The provision relating to false claims was incorporated in

section 287 of this title.

Reference to persons causing or procuring was omitted as

unnecessary in view of definition of ''principal'' in section 2 of

this title.

Words ''or any corporation in which the United States of America

is a stockholder'' in said section 80 were omitted as unnecessary

in view of definition of ''agency'' in section 6 of this title.

In addition to minor changes of phraseology, the maximum term of

imprisonment was changed from 10 to 5 years to be consistent with

comparable sections. (See reviser's note under section 287 of this

title.)

AMENDMENTS

1996 - Pub. L. 104-292 reenacted section catchline without change

and amended text generally. Prior to amendment, text read as

follows: ''Whoever, in any matter within the jurisdiction of any

department or agency of the United States knowingly and willfully

falsifies, conceals or covers up by any trick, scheme, or device a

material fact, or makes any false, fictitious or fraudulent

statements or representations, or makes or uses any false writing

or document knowing the same to contain any false, fictitious or

fraudulent statement or entry, shall be fined under this title or

imprisoned not more than five years, or both.''

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $10,000''.

-CHANGE-

CHANGE OF NAME

Reference to United States magistrate or to magistrate deemed to

refer to United States magistrate judge pursuant to section 321 of

Pub. L. 101-650, set out as a note under section 631 of Title 28,

Judiciary and Judicial Procedure.

-MISC4-

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-578, Sec. 1, Dec. 28, 2000, 114 Stat. 3075, provided

that: ''This Act (amending section 1028 of this title, repealing

section 1738 of this title, and enacting provisions set out as

notes under section 1028 of this title) may be cited as the

'Internet False Identification Prevention Act of 2000'.''

SHORT TITLE OF 1998 AMENDMENTS

Pub. L. 105-318, Sec. 1, Oct. 30, 1998, 112 Stat. 3007, provided

that: ''This Act (amending sections 982, 1028, and 2516 of this

title and section 105 of the Ethics in Government Act of 1978, Pub.

L. 95-521, set out in the Appendix to Title 5, Government

Organization and Employees, and enacting provisions set out as

notes under section 1028 of this title and section 994 of Title 28,

Judiciary and Judicial Procedure) may be cited as the 'Identity

Theft and Assumption Deterrence Act of 1998'.''

Pub. L. 105-172, Sec. 1, Apr. 24, 1998, 112 Stat. 53, provided

that: ''This Act (amending section 1029 of this title and enacting

provisions set out as a note under section 994 of Title 28,

Judiciary and Judicial Procedure) may be cited as the 'Wireless

Telephone Protection Act'.''

SHORT TITLE OF 1996 AMENDMENT

Section 1 of Pub. L. 104-292 provided that: ''This Act (amending

this section, sections 1515 and 6005 of this title, and section

1365 of Title 28, Judiciary and Judicial Procedure) may be cited as

the 'False Statements Accountability Act of 1996'.''

SHORT TITLE OF 1994 AMENDMENT

Section 290001(a) of Pub. L. 103-322, as amended by Pub. L.

104-294, title VI, Sec. 604(b)(34), Oct. 11, 1996, 110 Stat. 3508,

provided that: ''This section (amending section 1030 of this title)

may be cited as the 'Computer Abuse Amendments Act of 1994'.''

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-647, title XXV, Sec. 2500, Nov. 29, 1990, 104 Stat.

4859, provided that: ''This title (see Tables for classification)

may be cited as the 'Comprehensive Thrift and Bank Fraud

Prosecution and Taxpayer Recovery Act of 1990'.''

SHORT TITLE OF 1989 AMENDMENT

Pub. L. 101-123, Sec. 1, Oct. 23, 1989, 103 Stat. 759, provided

that: ''This Act (amending section 1031 of this title, repealing

section 293 of this title, enacting provisions set out as notes

under sections 293 and 1031 of this title, and repealing provisions

set out as a note under section 293 of this title) may be cited as

the 'Major Fraud Act Amendments of 1989'.''

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-700, Sec. 1, Nov. 19, 1988, 102 Stat. 4631, provided

that: ''This Act (enacting sections 293 and 1031 of this title and

section 256 of Title 41, Public Contracts, amending section 2324 of

Title 10, Armed Forces, and section 3730 of Title 31, Money and

Finance, enacting provisions set out as notes under sections 293

and 1031 of this title, section 2324 of Title 10, and section 522

of Title 28, Judiciary and Judicial Procedure, and repealing

provisions set out as a note under section 2324 of Title 10) may be

cited as the 'Major Fraud Act of 1988'.''

SHORT TITLE OF 1986 AMENDMENT

Pub. L. 99-474, Sec. 1, Oct. 16, 1986, 100 Stat. 1213, provided

that: ''This Act (amending section 1030 of this title) may be cited

as the 'Computer Fraud and Abuse Act of 1986'.''

SHORT TITLE OF 1984 AMENDMENT

Pub. L. 98-473, title II, Sec. 1601, Oct. 12, 1984, 98 Stat.

2183, provided that: ''This chapter (chapter XVI (Sec. 1601-1603)

of title II of Pub. L. 98-473, enacting section 1029 of this title

and provisions set out as a note under section 1029 of this title)

may be cited as the 'Credit Card Fraud Act of 1984'.''

Pub. L. 98-473, title II, Sec. 2101, Oct. 12, 1984, 98 Stat.

2190, provided that: ''This chapter (chapter XXI (Sec. 2101-2103)

of title II of Pub. L. 98-473, enacting section 1030 of this title

and provisions set out as a note under section 1030 of this title)

may be cited as the 'Counterfeit Access Device and Computer Fraud

and Abuse Act of 1984'.''

SHORT TITLE OF 1982 AMENDMENT

Section 1 of Pub. L. 97-398 provided: ''That this Act (enacting

sections 1028 and 1738 of this title and amending section 3001 of

Title 39, Postal Service) may be cited as the 'False Identification

Crime Control Act of 1982'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 981, 982, 1345 of

this title; title 2 section 437g; title 7 sections 12a, 136h, 511r,

1314i, 5662, 6519; title 8 section 1324a; title 12 section 1833a;

title 15 sections 637, 657a, 6003; title 17 section 1312; title 19

sections 2515, 3391, 3432; title 21 section 374; title 22 sections

1623, 3622; title 35 section 25; title 40 section 3145; title 42

sections 2000b-3, 2000c-6, 3795a; title 43 section 1212; title 49

sections 5307, 30170.

-CITE-

18 USC Sec. 1002 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1002. Possession of false papers to defraud United States

-STATUTE-

Whoever, knowingly and with intent to defraud the United States,

or any agency thereof, possesses any false, altered, forged, or

counterfeited writing or document for the purpose of enabling

another to obtain from the United States, or from any agency,

officer or agent thereof, any sum of money, shall be fined under

this title or imprisoned not more than five years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 749; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 74 (Mar. 4, 1909, ch.

321, Sec. 30, 35 Stat. 1094).

Words ''or any agency thereof'' after ''United States'' and word

''agency'' after ''any'' and before ''officer,'' were inserted to

eliminate any possible ambiguity as to scope of section. (See

definition of ''agency'' in section 6 of this title.)

The maximum fine of ''$10,000'' was substituted for ''$500'' in

order to conform punishment provisions to those of comparable

sections. (See section 1001 of this title.)

Minor verbal change was made.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $10,000''.

-CITE-

18 USC Sec. 1003 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1003. Demands against the United States

-STATUTE-

Whoever knowingly and fraudulently demands or endeavors to obtain

any share or sum in the public stocks of the United States, or to

have any part thereof transferred, assigned, sold, or conveyed, or

to have any annuity, dividend, pension, wages, gratuity, or other

debt due from the United States, or any part thereof, received, or

paid by virtue of any false, forged, or counterfeited power of

attorney, authority, or instrument, shall be fined under this title

or imprisoned not more than five years, or both; but if the sum or

value so obtained or attempted to be obtained does not exceed

$1,000, he shall be fined under this title or imprisoned not more

than one year, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 749; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(H), (L), Sept. 13, 1994, 108 Stat. 2147;

Pub. L. 104-294, title VI, Sec. 606(a), Oct. 11, 1996, 110 Stat.

3511.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 79 (Mar. 4, 1909, ch.

321, Sec. 34, 35 Stat. 1095).

Words ''prize money'' were deleted on the ground that they are an

anachronism and were so before 1909. (See reviser's note under

section 915 of this title.)

Mandatory punishment provision was rephrased in the alternative.

The smaller punishment for an offense involving $100 or less was

added. (See reviser's note to sections 641 and 645 of this title.)

The maximum term of ''five years'' was substituted for ''ten

years'' and ''$10,000'' was substituted for ''$5,000'' as being

more in harmony with punishment provision of similar sections. (See

reviser's note under section 1001 of this title.)

Minor changes in phraseology were made.

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''$1,000'' for ''$100''.

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $10,000'' after ''instrument, shall be'' and

for ''fined not more than $1,000'' after ''he shall be''.

-CITE-

18 USC Sec. 1004 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1004. Certification of checks

-STATUTE-

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), or organization operating under

section 25 or section 25(a) (FOOTNOTE 1) 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.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 749; Pub. L. 101-647, title XXV,

Sec. 2597(g), Nov. 29, 1990, 104 Stat. 4910; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 591 of title 12, U.S.C., 1940 ed., Banks and

Banking (R.S. Sec. 5208; July 12, 1882, ch. 290, Sec. 13, 22 Stat.

166; Sept. 26, 1918, ch. 177, Sec. 7, 40 Stat. 972; Feb. 25, 1927,

ch. 191, Sec. 12, 44 Stat. 1231).

Words ''be deemed guilty of a misdemeanor and shall'' were

omitted as unnecessary in view of definition of misdemeanor in

section 1 of this title.

Words ''on conviction thereof'' were omitted as surplusage,

because punishment cannot be imposed until after conviction.

Words ''in any district court of the United States'' were omitted

as unnecessary, because section 3231 of this title confers

jurisdiction on Federal district courts of all crimes and offenses

defined in this title.

Changes were made in phraseology.

-REFTEXT-

REFERENCES IN TEXT

Section 3(h) of the Federal Deposit Insurance Act, referred to in

text, is classified to section 1813(h) of Title 12, Banks and

Banking.

Section 1(b) of the International Banking Act of 1978, referred

to in text, is classified to section 3101 of Title 12.

Section 25 of the Federal Reserve Act, referred to in text, is

classified to subchapter I (Sec. 601 et seq.) of chapter 6 of Title

12. Section 25(a) of the Federal Reserve Act, which is classified

to subchapter II (Sec. 611 et seq.) of chapter 6 of Title 12, was

renumbered section 25A of that act by Pub. L. 102-242, title I,

Sec. 142(e)(2), Dec. 19, 1991, 105 Stat. 2281.

-MISC2-

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000''.

1990 - Pub. L. 101-647 substituted a comma for ''or'' after

''Federal Reserve bank'' and inserted ''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), or organization operating under section 25 or section 25(a)

of the Federal Reserve Act,'' after ''Federal Reserve System,'' and

'', branch, agency, or organization,'' after ''has been regularly

deposited in the bank''.

-CITE-

18 USC Sec. 1005 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1005. Bank entries, reports and transactions

-STATUTE-

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)

(FOOTNOTE 1) 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 bank, branch,

agency, or organization or company; or

(FOOTNOTE 1) See References in Text note below.

Whoever, without such authority, makes, draws, issues, puts

forth, or assigns any certificate of deposit, draft, order, bill of

exchange, acceptance, note, debenture, 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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 750; Pub. L. 101-73, title IX,

Sec. 961(d), Aug. 9, 1989, 103 Stat. 499; Pub. L. 101-647, title

XXV, Sec. 2504(d), 2595(a)(3), 2597(h), Nov. 29, 1990, 104 Stat.

4861, 4907, 4910; Pub. L. 107-273, div. B, title IV, Sec.

4003(a)(2), Nov. 2, 2002, 116 Stat. 1811.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on sections 592, 597 of title 12, U.S.C., 1940 ed., Banks

and Banking (R.S. Sec. 5209; Dec. 23, 1913, ch. 6, Sec. 22(i) as

added June 19, 1934, ch. 653, Sec. 3, 48 Stat. 1107; Sept. 26,

1918, ch. 177, Sec. 7, 40 Stat. 972; Aug. 23, 1935, ch. 614, Sec.

316, 49 Stat. 712).

(See reviser's note under section 656 of this title for

comprehensive statement of reasons for separating section 592 of

title 12, U.S.C., 1940 ed., Banks and Banking, into three revised

sections, and section 597 thereof into two revised sections, with

the consequent extensive changes in phraseology, style, and

arrangement.)

In this section, national bank receivers and Federal reserve

agents were not included in the initial enumeration of persons at

whom the act is directed, since the provisions of this section,

unlike section 656 of this title, are not directed at such

receivers and agents.

No changes of meaning or substance were made, except that, like

said section 656 of this title, the different punishment provisions

were reconciled, and one uniform punishment provision was adopted.

The words ''shall be deemed guilty of a misdemeanor'' were

omitted as unnecessary in view of the definition of a misdemeanor

in section 1 of this title.

The words ''and upon conviction thereof'' were omitted as

unnecessary, since punishment cannot be imposed until a conviction

is secured.

Since section 3231 of this title gives the district court

jurisdiction of criminal prosecutions, the words ''in any district

court of the United States'' were omitted as unnecessary.

-REFTEXT-

REFERENCES IN TEXT

Section 25 of the Federal Reserve Act, referred to in text, is

classified to subchapter I (Sec. 601 et seq.) of chapter 6 of Title

12, Banks and Banking. Section 25(a) of the Federal Reserve Act,

which is classified to subchapter II (Sec. 611 et seq.) of chapter

6 of Title 12, was renumbered section 25A of that act by Pub. L.

102-242, title I, Sec. 142(e)(2), Dec. 19, 1991, 105 Stat. 2281.

Section 3(w)(1) of the Federal Deposit Insurance Act, referred to

in text, is classified to section 1813(w)(1) of Title 12.

-MISC2-

AMENDMENTS

2002 - Pub. L. 107-273, in first par. substituted ''Act,'' for

''Act,,'' and in third par. inserted ''or'' at end.

1990 - Pub. L. 101-647, Sec. 2504(d), 2595(a)(3)(A), (B),

2597(h), in first par. substituted ''depository institution'' for

''bank or savings and loan'', ''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,'' for

''national bank or insured bank'', and ''of such bank, branch,

agency, or organization or company'' for ''of such bank'' in two

places, in third par. substituted ''bank, company, branch, agency,

or organization'' for ''bank or company'' in four places, and in

fifth par. substituted ''30'' for ''20'' before ''years''.

Pub. L. 101-647, Sec. 2597(h)(3)(A), in sixth par. struck out

''and'' after ''one of the Federal Reserve Banks;''.

Pub. L. 101-647, Sec. 2597(h)(3)(B), which, in sixth par.,

directed insertion of ''; and the term 'branch or agency of a

foreign bank' means a branch or agency described in section 20(9)

of this title'' before the period, was inserted before period at

end of first sentence to reflect the probable intent of Congress

and intervening amendment by Pub. L. 101-647, Sec. 2595(a)(3)(C).

See below.

Pub. L. 101-647, Sec. 2595(a)(3)(C), inserted ''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.'' at end of sixth par.

1989 - Pub. L. 101-73 in first par. inserted ''bank or savings

and loan holding company,'' after ''member bank,'', in third par.

inserted ''or company'' after ''bank'' wherever appearing and

substituted a semicolon for the dash after ''Federal Reserve

System'', added fourth par. reading: ''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 - '', and, in fifth

par. substituted ''$1,000,000'' for ''$5,000'' and ''20 years'' for

''five years''.

-TRANS-

EXCEPTION AS TO TRANSFER OF FUNCTIONS

Functions vested by any provision of law in Comptroller of the

Currency, referred to in this section, were not included in

transfer of functions of officers, agencies and employees of

Department of the Treasury to Secretary of the Treasury, made by

Reorg. Plan No. 26 of 1950, Sec. 1, eff. July 31, 1950, 15 F.R.

4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 225, 981, 982, 1510,

1956, 3293, 3322 of this title; title 12 sections 324, 503, 1785,

1786, 1821, 1828, 1829, 1831k, 1833a, 1847.

-CITE-

18 USC Sec. 1006 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1006. Federal credit institution entries, reports and

transactions

-STATUTE-

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 Board, 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 or successor agency, the Rural

Development Administration or successor agency, 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, 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, or 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 or

indirectly 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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 750; May 24, 1949, ch. 139, Sec.

20, 63 Stat. 92; July 28, 1956, ch. 773, Sec. 2, 70 Stat. 714; Pub.

L. 85-699, title VII, Sec. 704, Aug. 21, 1958, 72 Stat. 698; Pub.

L. 87-353, Sec. 3(s), Oct. 4, 1961, 75 Stat. 774; Pub. L. 90-19,

Sec. 24(a), May 25, 1967, 81 Stat. 27; Pub. L. 91-468, Sec. 6, Oct.

19, 1970, 84 Stat. 1016; Pub. L. 101-73, title IX, Sec. 961(e),

962(a)(7), (8)(A), Aug. 9, 1989, 103 Stat. 500, 502; Pub. L.

101-624, title XXIII, Sec. 2303(e), Nov. 28, 1990, 104 Stat. 3981;

Pub. L. 101-647, title XVI, Sec. 1603, title XXV, Sec. 2504(e),

2595(a)(4), Nov. 29, 1990, 104 Stat. 4843, 4861, 4907; Pub. L.

103-322, title XXXIII, Sec. 330004(6), Sept. 13, 1994, 108 Stat.

2141; Pub. L. 106-78, title VII, Sec. 767, Oct. 22, 1999, 113 Stat.

1174.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on sections 1026(b) and 1514(c) of title 7, U.S.C., 1940

ed., Agriculture, sections 264(u), 984, 1121, 1138d(c), 1311,

1441(c), 1467(c) and 1731(c) of title 12, U.S.C., 1940 ed., Banks

and Banking, and section 616(c) of title 15, U.S.C., 1940 ed.,

Commerce and Trade (Dec. 23, 1913, ch. 6, Sec. 12B(u), as added

June 16, 1933, ch. 89, Sec. 8, 48 Stat. 178; July 17, 1916, ch.

245, Sec. 31, fourth par., 39 Stat. 383; July 17, 1916, ch. 245,

Sec. 211(a), as added Mar. 4, 1923, ch. 252, Sec. 2, 42 Stat. 1459;

Mar. 4, 1923, ch. 252, title II, Sec. 216(a), 42 Stat. 1471; Jan.

22, 1932, ch. 8, Sec. 16(c), 47 Stat. 11; July 22, 1932, ch. 522,

Sec. 21(c), 47 Stat. 738; Ex. Ord. No. 6084, Mar. 27, 1933; June

13, 1933, ch. 64, Sec. 8(c), 48 Stat. 135; June 16, 1933, ch. 98,

Sec. 64(c), 48 Stat. 268; Jan. 31, 1934, ch. 7, Sec. 13, 48 Stat.

347; June 27, 1934, ch. 847, Sec. 512(c), 48 Stat. 1265; Aug. 23,

1935, ch. 614, Sec. 101, 49 Stat. 701; July 22, 1937, ch. 517,

title IV, Sec. 52(b), 50 Stat. 532; Feb. 16, 1938, ch. 30, title V,

Sec. 514(c), 52 Stat. 76; Aug. 14, 1946, ch. 964, Sec. 3, 60 Stat.

1064).

Each of the eleven sections from which this section was derived

contained similar provisions relating to embezzlement, false

entries, and fraudulent issuance or assignment of obligations with

respect to one or more named agencies or corporations.

These were divided and the false entry and fraudulent issuance or

assignment of obligation provisions of all, form the basis of this

section. The remaining provisions of each section, relating to

embezzlement and misapplication, form the basis for section 657 of

this title. That portion of said section 616(c) of title 15,

relating to disclosure of information, forms the basis for section

1904 of this title.

Each revised section condenses and simplifies the constituent

provisions without change of substance except as herein indicated.

The punishment provisions in each section were the same except

that in section 1026(b) of title 7, U.S.C., 1940 ed., and sections

984, 1121, and 1311 of title 12, U.S.C., 1940 ed., the maximum fine

was $5,000. This consolidated section adopts the $10,000 maximum

fine provided by the seven other sections.

References to persons aiding or abetting contained in sections

984, 1121, and 1311 of title 12, U.S.C., 1940 ed., were omitted as

unnecessary, as such persons are made principals by section 2 of

this title.

The term ''receiver,'' used in sections 1121 and 1311 of title

12, U.S.C., 1940 ed., with reference to Federal intermediate credit

banks and agricultural credit corporations, was omitted as this

term is undoubtedly embraced in the phrase ''or connected in any

capacity with.''

The term ''or of any department or agency of the United States''

was inserted in order to clarify the sweeping provisions against

fraudulent acts and to eliminate any possible ambiguity as to scope

of section. (See definitions of ''department'' and ''agency'' in

section 6 of this title.)

Words ''shall be deemed guilty of a misdemeanor'', contained in

section 1311 of title 12, U.S.C., 1940 ed., were omitted as

unnecessary, in view of definition of misdemeanor in section 1 of

this title.

Words ''and upon conviction'', contained in section 1311 of title

12, U.S.C., 1940 ed., were omitted as surplusage, because

punishment cannot be imposed until after conviction.

Words ''in any district court of the United States'', contained

in section 1311 of title 12, U.S.C., 1940 ed., were omitted as

unnecessary, because section 3231 of this title confers

jurisdiction on the Federal district courts of all crimes and

offenses defined in this title.

The conspiracy provisions of section 1138d(f) of title 12,

U.S.C., 1940 ed., Banks and Banking, were not added to this

consolidated section for reasons stated in reviser's note under

section 493 of this title. (See also reviser's note under section

371 of this title.)

1949 ACT

(Section 20) conforms section 1006 of title 18, U.S.C., to

administrative practice which in turn was modified to comply with

congressional policy. (See note to sec. 11 (of 1949 Act, set out in

Historical and Revision Notes under section 657 of this title)).

AMENDMENTS

1999 - Pub. L. 106-78 inserted ''or successor agency'' after

''Farmers Home Administration'' and after ''Rural Development

Administration''.

1994 - Pub. L. 103-322 struck out ''Reconstruction Finance

Corporation,'' after ''in any capacity with the'' and ''Farmers'

Home Corporation,'' after ''Federal Crop Insurance Corporation,''.

1990 - Pub. L. 101-647, Sec. 2595(a)(4), substituted ''Office of

Thrift Supervision, any Federal home loan bank, the Federal Housing

Finance Board, the Resolution Trust Corporation,'' for ''Home

Owners' Loan Corporation,'', and directed substitution of

''institution, other than an insured bank (as defined in section

656), the accounts of which are insured by the Federal Deposit

Insurance Corporation'', for ''institution the accounts of which

are insured by the Federal Savings and Loan Insurance Corporation''

which was executed by making the substitution for ''institution the

accounts of which are insured by the Federal Deposit Insurance

Corporation'' to reflect the probable intent of Congress and

intervening amendment by Pub. L. 101-647, Sec. 1603, see below.

Pub. L. 101-647, Sec. 2504(e), substituted ''30'' for ''20''

before ''years''.

Pub. L. 101-647, Sec. 1603, substituted ''Federal Deposit

Insurance Corporation'' for ''Federal Savings and Loan Insurance

Corporation''.

Pub. L. 101-624 substituted ''Farmers Home Administration, the

Rural Development Administration'' for ''Farmers' Home

Administration''.

1989 - Pub. L. 101-73, Sec. 962(a)(8)(A), substituted ''the Farm

Credit System Insurance Corporation, a Farm Credit Bank, a'' for

''any land bank, intermediate credit bank,''.

Pub. L. 101-73, Sec. 962(a)(7), substituted ''National Credit

Union Administration Board'' for ''Administrator of the National

Credit Union Administration''.

Pub. L. 101-73, Sec. 961(e), substituted ''$1,000,000'' for

''$10,000'' and ''20 years'' for ''five years''.

1970 - Pub. L. 91-468 added National Credit Union Administration

and its Administrator to the enumeration of Federal Credit

institutions and personnel.

1967 - Pub. L. 90-19 substituted ''Department of Housing and

Urban Development'' for ''Federal Housing Administration''.

1961 - Pub. L. 87-353 struck out reference to Federal Farm

Mortgage Corporation.

1958 - Pub. L. 85-699 included officers, agents or employees of

or connected in any capacity with small business investment

companies.

1956 - Act July 28, 1956, included officers, agents or employees

of or connected in any capacity with any institution the accounts

of which are insured by the Federal Savings and Loan Insurance

Corporation.

1949 - Act May 24, 1949, inserted reference Secretary of

Agriculture acting through the Farmers' Home Administration.

-TRANS-

EXCEPTIONS FROM TRANSFER OF FUNCTIONS

Functions of Corporations of Department of Agriculture, boards of

directors and officers of such corporations, Advisory Board of

Commodity Credit Corporation, and Farm Credit Administration or any

agency, officer or entity of, under, or subject to supervision of

said Administration excepted from functions of officers, agencies,

and employees transferred to Secretary of Agriculture by Reorg.

Plan No. 2 of 1953, Sec. 1, eff. June 4, 1953, 18 F.R. 3219, 67

Stat. 633, set out in the Appendix to Title 5, Government

Organization and Employees.

NATIONAL CREDIT UNION ADMINISTRATION

Establishment as independent agency, membership etc., see section

1752 et seq. of Title 12, Banks and Banking.

FARM CREDIT ADMINISTRATION

Establishment of Farm Credit Administration as independent

agency, and other changes in status, function, etc., see Ex. Ord.

No. 6084, set out prec. section 2241 of Title 12, Banks and

Banking. See also section 2001 et seq. of Title 12.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 225, 981, 982, 1510,

1956, 3056, 3293, 3322 of this title; title 12 sections 1785, 1786,

1787, 1821, 1828, 1829, 1831k, 1833a, 2277a-10b.

-CITE-

18 USC Sec. 1007 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1007. Federal Deposit Insurance Corporation transactions

-STATUTE-

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.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 750; Pub. L. 101-73, title IX,

Sec. 961(f), Aug. 9, 1989, 103 Stat. 500; Pub. L. 101-647, title

XXV, Sec. 2504(f), Nov. 29, 1990, 104 Stat. 4861; Pub. L. 103-322,

title XXXIII, Sec. 330002(c), Sept. 13, 1994, 108 Stat. 2140.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 264(s) of title 12, U.S.C., 1940 ed., Banks and

Banking (Dec. 23, 1913, ch. 6, Sec. 12B(s), as added June 16, 1933,

ch. 89, Sec. 8, 48 Stat. 177; Aug. 23, 1935, ch. 614, Sec. 101, 49

Stat. 700).

Words ''Federal Deposit Insurance'' were inserted before

''Corporation'' in three places, so as to identify said

Corporation, and phrase ''under this section'' was omitted as no

longer applicable, considering transfer of this section to this

title.

Minor changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''transactions'' for

''Transactions'' in section catchline.

1990 - Pub. L. 101-647 substituted ''30'' for ''20'' before

''years''.

1989 - Pub. L. 101-73 substituted ''Transactions'' for

''transactions'' in section catchline and amended text generally.

Prior to amendment, text read as follows: ''Whoever, for the

purpose of obtaining any loan from the Federal Deposit Insurance

Corporation, or any extension or renewals thereof, or the

acceptance, release, or substitution of security therefor, or for

the purpose of inducing the Federal Deposit Insurance Corporation

to purchase any assets, or for the purpose of obtaining the payment

of any insured deposit or transferred deposit or the allowance,

approval, or payment of any claim, or for the purpose of

influencing in any way the action of the Federal Deposit Insurance

Corporation, makes any statement, knowing it to be false, or

willfully overvalues any security, shall be fined not more than

$5,000 or imprisoned not more than two years, or both.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 225, 981, 982, 1510,

1956, 3056, 3293, 3322 of this title; title 12 sections 1785, 1786,

1821, 1828, 1829, 1831k, 1833a.

-CITE-

18 USC Sec. 1008, 1009 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

(Sec. 1008, 1009. Repealed. Pub. L. 101-73, title IX, Sec.

961(g)(1), 962(a)(3), Aug. 9, 1989, 103 Stat. 500, 502)

-MISC1-

Section 1008, act June 25, 1948, ch. 645, 62 Stat. 751, provided

for fine or imprisonment for certain prohibited actions taken to

obtain insurance from, or to influence in any way, the Federal

Savings and Loan Insurance Corporation.

Section 1009, act June 25, 1948, ch. 645, 62 Stat. 751, provided

for fine or imprisonment for making certain statements or rumors,

untrue in fact, which were derogatory or affected solvency or

financial condition of the Federal Savings and Loan Insurance

Corporation.

-CITE-

18 USC Sec. 1010 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1010. Department of Housing and Urban Development and Federal

Housing Administration transactions

-STATUTE-

Whoever, for the purpose of obtaining any loan or advance of

credit from any person, partnership, association, or corporation

with the intent that such loan or advance of credit shall be

offered to or accepted by the Department of Housing and Urban

Development for insurance, or for the purpose of obtaining any

extension or renewal of any loan, advance of credit, or mortgage

insured by such Department, or the acceptance, release, or

substitution of any security on such a loan, advance of credit, or

for the purpose of influencing in any way the action of such

Department, makes, passes, utters, or publishes any statement,

knowing the same to be false, or alters, forges, or counterfeits

any instrument, paper, or document, or utters, publishes, or passes

as true any instrument, paper, or document, knowing it to have been

altered, forged, or counterfeited, or willfully overvalues any

security, asset, or income, shall be fined under this title or

imprisoned not more than two years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 751; Pub. L. 90-19, Sec. 24(c),

May 25, 1967, 81 Stat. 28; Pub. L. 103-322, title XXXIII, Sec.

330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 1731(a) of title 12, U.S.C., 1940 ed., Banks and

Banking (June 27, 1934, ch. 847, Sec. 512(a), 48 Stat. 1265; Feb.

3, 1938, ch. 13, Sec. 9, 52 Stat. 24).

Reference to persons causing or procuring was omitted as

unnecessary in view of definition of ''principal'' in section 2 of

this title.

''$5,000'' was substituted for ''$3,000'' to make this section

more consistent in its punishment provisions with comparable

sections. (See section 1008 of this title.)

Minor changes in phraseology were made.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000''.

1967 - Pub. L. 90-19 included reference to Department of Housing

and Urban Development in section catchline and substituted in text

''Department of Housing and Urban Development'' for ''Federal

Housing Administration'' and ''Department'' for ''Administration''

in two places, respectively.

-CITE-

18 USC Sec. 1011 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1011. Federal land bank mortgage transactions

-STATUTE-

Whoever, being a mortgagee, knowingly makes any false statement

in any paper, proposal, or letter, relating to the sale of any

mortgage, to any Federal land bank; or

Whoever, being an appraiser, willfully over-values any land

securing such mortgage -

Shall be fined under this title or imprisoned not more than one

year, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 751; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 987 of title 12, U.S.C., 1940 ed., Banks and

Banking (July 17, 1916, ch. 245, Sec. 31, seventh paragraph, as

added June 16, 1933, ch. 98, Sec. 78, 48 Stat. 272).

Minor changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000'' in last par.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3056 of this title.

-CITE-

18 USC Sec. 1012 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1012. Department of Housing and Urban Development transactions

-STATUTE-

Whoever, with intent to defraud, makes any false entry in any

book of the Department of Housing and Urban Development or makes

any false report or statement to or for such Department; or

Whoever receives any compensation, rebate, or reward, with intent

to defraud such Department or with intent unlawfully to defeat its

purposes; or

Whoever induces or influences such Department to purchase or

acquire any property or to enter into any contract and willfully

fails to disclose any interest which he has in such property or in

the property to which such contract relates, or any special benefit

which he expects to receive as a result of such contract -

Shall be fined under this title or imprisoned not more than one

year, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 752; Oct. 31, 1951, ch. 655, Sec.

26, 65 Stat. 720; Pub. L. 90-19, Sec. 24(d), May 25, 1967, 81 Stat.

28; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), Sept. 13,

1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on sections 1423-1425 of title 42, U.S.C., 1940 ed., The

Public Health and Welfare (Sept. 1, 1937, ch. 896, Sec. 23-25, 50

Stat. 899).

Three sections were consolidated with changes of phraseology and

arrangement necessary to effect consolidation.

Words ''upon conviction thereof'', in each section were omitted

as surplusage since punishment cannot be imposed until after

conviction.

The provisions of section 1424 of title 42, U.S.C., 1940 ed., The

Public Health and Welfare, relating to conspiracy were omitted as

inconsistent with the general conspiracy statute, section 371 of

this title, both as to punishment and allegation and proof of an

overt act. (See reviser's note under section 493 of this title.)

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $1,000'' in last par.

1967 - Pub. L. 90-19 substituted ''Department of Housing and

Urban Development'' for ''Public Housing Administration'' in

section catchline and text, and ''Department'' for

''Administration'' wherever appearing in text.

1951 - Act Oct. 31, 1951, substituted ''Public Housing

Administration'' for ''United States Housing Authority'' in section

catchline and text, and ''Administration'' for ''Authority'',

wherever appearing in text.

-CITE-

18 USC Sec. 1013 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1013. Farm loan bonds and credit bank debentures

-STATUTE-

Whoever deceives, defrauds, or imposes upon, or attempts to

deceive, defraud, or impose upon any person, partnership,

corporation, or association by making any false pretense or

representation concerning the character, issue, security, contents,

conditions, or terms of any farm loan bond, or coupon, issued by

any Federal land bank or banks; or of any debenture, coupon, or

other obligation, issued by any Federal intermediate credit bank or

banks; or by falsely pretending or representing that any farm loan

bond, or coupon, is anything other than, or different from, what it

purports to be on the face of said bond or coupon, shall be fined

under this title or imprisoned not more than one year, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 752; Pub. L. 97-297, Sec. 4(a),

Oct. 12, 1982, 96 Stat. 1318; Pub. L. 103-322, title XXXIII, Sec.

330004(8), 330016(1)(G), Sept. 13, 1994, 108 Stat. 2141, 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on sections 985, 1127, and 1317 of title 12, U.S.C., 1940

ed., Banks and Banking (July 17, 1916, ch. 245, Sec. 31, fifth

paragraph, 39 Stat. 384; July 17, 1916, ch. 245, Sec. 211(g), as

added Mar. 4, 1923, ch. 252, Sec. 2, 42 Stat. 1461; Mar. 4, 1923,

ch. 252, title II, Sec. 216(g), 42 Stat. 1473).

This section condenses and simplifies sections 985, 1127, and

1317 of title 12, U.S.C., 1940 ed., Banks and Banking, each of

which contained similar provisions and similar language. The

punishment provisions of all three sections were the same.

References to ''chapter'' and ''subchapter'' were omitted and

words describing the various types of banks or organizations to

which said sections 985, 1127, and 1317 of title 12, U.S.C., 1940

ed., Banks and Banking, related, were inserted in lieu. This

necessitated some rephrasing and transposition of phrases, but

without change of meaning or substance.

Words ''upon conviction'' which were contained in sections 1127

and 1317 of title 12, U.S.C., 1940 ed., Banks and Banking, were

omitted as surplusage, because punishment cannot be imposed until

after conviction.

Changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322, Sec. 330016(1)(G), substituted ''fined

under this title'' for ''fined not more than $500''.

Pub. L. 103-322, Sec. 330004(8), struck out '', or by any

National Agricultural Credit Corporation'' after ''credit bank or

banks''.

1982 - Pub. L. 97-297 struck out '', or by any joint-stock land

bank or banks'' after ''issued by any Federal land bank or banks''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3056 of this title.

-CITE-

18 USC Sec. 1014 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1014. Loan and credit applications generally; renewals and

discounts; crop insurance

-STATUTE-

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 Farm Credit

Administration, Federal Crop Insurance Corporation or a company the

Corporation reinsures, the Secretary of Agriculture acting through

the Farmers Home Administration or successor agency, the Rural

Development Administration or successor agency, 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 Board, 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) (FOOTNOTE 1) of the Federal Reserve Act, upon any

application, advance, discount, purchase, purchase agreement,

repurchase agreement, commitment, or loan, 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.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 752; May 24, 1949, ch. 139, Sec.

21, 63 Stat. 92; July 26, 1956, ch. 741, title I, Sec. 109, 70

Stat. 667; Pub. L. 85-699, title VII, Sec. 705, Aug. 21, 1958, 72

Stat. 699; Pub. L. 86-168, title I, Sec. 104(h), Aug. 18, 1959, 73

Stat. 387; Pub. L. 87-353, Sec. 3(t), Oct. 4, 1961, 75 Stat. 774;

Pub. L. 88-353, Sec. 5, July 2, 1964, 78 Stat. 269; Pub. L. 91-468,

Sec. 7, Oct. 19, 1970, 84 Stat. 1017; Pub. L. 91-609, title IX,

Sec. 915, Dec. 31, 1970, 84 Stat. 1815; Pub. L. 97-297, Sec. 4(b),

Oct. 12, 1982, 96 Stat. 1318; Pub. L. 101-73, title IX, Sec.

961(h), 962(a)(7), (8)(B), Aug. 9, 1989, 103 Stat. 500, 502; Pub.

L. 101-624, title XXIII, Sec. 2303(e), Nov. 28, 1990, 104 Stat.

3981; Pub. L. 101-647, title XXV, Sec. 2504(g), 2595(a)(5),

2597(i), Nov. 29, 1990, 104 Stat. 4861, 4907, 4910; Pub. L.

103-322, title XXXIII, Sec. 330002(d), 330008(8), Sept. 13, 1994,

108 Stat. 2140, 2143; Pub. L. 103-354, title I, Sec. 119(e), Oct.

13, 1994, 108 Stat. 3208; Pub. L. 104-294, title VI, Sec. 602(b),

604(b)(22), 605(b), 607(d), Oct. 11, 1996, 110 Stat. 3503, 3508,

3509, 3511; Pub. L. 106-78, title VII, Sec. 767, Oct. 22, 1999, 113

Stat. 1174; Pub. L. 107-100, Sec. 4(a), Dec. 21, 2001, 115 Stat.

966.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on sections 1026(a) and 1514(a) of title 7, U.S.C., 1940

ed., Agriculture, sections 596, 981, 1122, 1123, 1138d(a), 1248,

1312, 1313, 1441(a), and 1467(a), of title 12, U.S.C., 1940 ed.,

Banks and Banking, and section 616(a) of title 15, U.S.C., 1940

ed., Commerce and Trade (Dec. 23, 1913, ch. 6, Sec. 22(h), as added

June 19, 1934, ch. 653, Sec. 3, 48 Stat. 1107; July 17, 1916, ch.

245, Sec. 31, first paragraph, 39 Stat. 382; July 17, 1916, ch.

245, Sec. 211(b), (c), as added Mar. 4, 1923, ch. 252, Sec. 2, 42

Stat. 1460; Mar. 4, 1923, ch. 252, title II, Sec. 209(h), 216(b),

(c), 42 Stat. 1468, 1472; Jan. 22, 1932, ch. 8, Sec. 16 (a), 47

Stat. 11; July 22, 1932, ch. 522, Sec. 21(a), 47 Stat. 738; June

13, 1933, ch. 64, Sec. 8(a), 48 Stat. 134; June 16, 1933, ch. 98,

Sec. 64(a), 48 Stat. 267; Jan. 31, 1934, ch. 7, Sec. 13, 48 Stat.

347; June 3, 1935, ch. 164, Sec. 21, 49 Stat. 319; July 22, 1937,

ch. 517, title IV, Sec. 52(a); 50 Stat. 531; Feb. 16, 1938, ch. 30,

title V, Sec. 514(a), 52 Stat. 76; Aug. 14, 1946, ch. 964, Sec. 3,

60 Stat. 1064).

Each of the 13 sections from which this section was derived

contained similar provisions either relating to false

representations and statements, or overvaluation of security, with

respect to one or more of the named banks, agencies, or

corporations.

These were consolidated and the false statement and security

overvaluation provisions of all, form the basis of this section.

The provisions of section 981 of title 12, U.S.C., 1940 ed., Banks

and Banking, relating to acceptance of loans or gratuities by

examiners, were consolidated with similar provisions from other

sections to form section 218 (now section 213) of this title. The

provisions of said section 981 of title 12, U.S.C., 1940 ed., Banks

and Banking, prohibiting land bank and national farm loan

association examiners from performing ''any other service for

compensation for any bank or banking or loan association, or for

any person connected therewith in any capacity'' were consolidated

with similar provisions from other sections to form section 1909 of

this title.

Eight of the consolidated sections contained identical

punishment, each providing for a maximum fine of $5,000 and maximum

imprisonment of 2 years. Two sections provided for a maximum fine

of $10,000 and maximum imprisonment of 5 years. One section

provided for maximum fine of $5,000 and maximum imprisonment of 5

years, one section provided for maximum fine of $2,000 and maximum

imprisonment of 2 years, and one section provided for maximum fine

of $5,000 and maximum imprisonment of 1 year.

The punishment by maximum fine of $5,000 or maximum imprisonment

of 2 years, or both, provided in this consolidated section was

adopted as most consistent with the greater number of comparable

sections. (See sections 1008 and 1010 of this title.) This is a

reasonable reconciliation of the conflicting punishment provisions

and adequate for the offenses described.

The enumeration of ''application, advance, discount, purchase,

purchase agreement, repurchase agreement, commitment, or loan'' and

the wording ''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'' does not occur in

any one of the original sections, but such enumeration and such

wording are adequate, and they represent a composite of terms and

transactions mentioned in each.

In addition, changes were made in phraseology to secure

uniformity of style, and some rephrasing was necessary, but the

consolidation was without change of substance except as above

indicated.

Section 1138d(f) of Title 12, U.S.C., 1940 ed., Banks and

Banking, relating to conspiracy, was not added to this consolidated

section for reasons given in reviser's note under section 493 of

this title.

1949 ACT

(Section 21) conforms section 1014 of Title 18 U.S.C., to

administrative practice which in turn was modified to comply with

congressional policy. (See note to sec. 11 (of 1949 Act, set out in

Historical and Revision note under section 657 of this title)).

-REFTEXT-

REFERENCES IN TEXT

The Small Business Investment Act of 1958, referred to in text,

is Pub. L. 85-699, Aug. 21, 1958, 72 Stat. 689, as amended, which

is classified principally to chapter 14B (Sec. 661 et seq.) of

Title 15, Commerce and Trade. For complete classification of this

Act to the Code, see Short Title note set out under section 661 of

Title 15 and Tables.

Section 1(b) of the International Banking Act of 1978, referred

to in text, is classified to section 3101 of Title 12, Banks and

Banking.

Section 25 of the Federal Reserve Act, referred to in text, is

classified to subchapter I (Sec. 601 et seq.) of chapter 6 of Title

12. Section 25(a) of the Federal Reserve Act, which is classified

to subchapter II (Sec. 611 et seq.) of chapter 6 of Title 12, was

renumbered section 25A of that act by Pub. L. 102-242, title I,

Sec. 142(e)(2), Dec. 19, 1991, 105 Stat. 2281.

-MISC2-

AMENDMENTS

2001 - Pub. L. 107-100 inserted '', 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'' after ''small business investment company''.

1999 - Pub. L. 106-78 inserted ''or successor agency'' after

''Farmers Home Administration'' and after ''Rural Development

Administration''.

1996 - Pub. L. 104-294, Sec. 602(b), 607(d), struck out

''Reconstruction Finance Corporation,'' before ''Farm Credit

Administration'', ''Farmers' Home Corporation,'' before ''the

Secretary of Agriculture'', and ''of the National Agricultural

Credit Corporation,'' before ''a Federal land bank'' and inserted

at end ''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.''

Pub. L. 104-294, Sec. 605(b), amended directory language of Pub.

L. 101-73, Sec. 961(h)(1). See 1989 Amendment note below.

Pub. L. 104-294, Sec. 604(b)(22), amended directory language of

Pub. L. 103-322, Sec. 330002(d). See 1994 Amendment note below.

1994 - Pub. L. 103-354 inserted ''or a company the Corporation

reinsures'' after ''Federal Crop Insurance Corporation''.

Pub. L. 103-322, Sec. 330008(8), inserted comma after ''National

Credit Union Administration Board''.

Pub. L. 103-322, Sec. 330002(d), as amended by Pub. L. 104-294,

Sec. 604(b)(22), struck out a comma after ''National Agricultural

Credit Corporation,'' and after ''section 25(a) of the Federal

Reserve Act,''.

1990 - Pub. L. 101-647, Sec. 2597(i), inserted ''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,'' after ''or the National Credit

Union Administration Board''.

Pub. L. 101-647, Sec. 2595(a)(5), substituted ''the Office of

Thrift Supervision, any Federal home loan bank, the Federal Housing

Finance Board,'' for ''the Federal Home Loan Bank System,'' and

inserted a comma after ''Resolution Trust Corporation''.

Pub. L. 101-647, Sec. 2504(g), substituted ''30'' for ''20''

before ''years''.

Pub. L. 101-624 substituted ''Farmers Home Administration, the

Rural Development Administration'' for ''Farmers' Home

Administration''.

1989 - Pub. L. 101-73, Sec. 962(a)(8)(B)(i), substituted ''any

Farm Credit Bank, production credit association, agricultural

credit association, bank for cooperatives, or any division,

officer, or employee thereof'' for ''any Federal intermediate

credit bank, or any division, officer, or employee thereof, or of

any corporation organized under sections 1131-1134m of Title 12''.

Pub. L. 101-73, Sec. 962(a)(8)(B)(ii), substituted ''Farm Credit

System Insurance Corporation'' for ''Federal Savings and Loan

Insurance Corporation''.

Pub. L. 101-73, Sec. 962(a)(7), substituted ''National Credit

Union Administration Board'' for ''Administrator of the National

Credit Union Administration''.

Pub. L. 101-73, Sec. 961(h)(2), (3), (5), (6), struck out ''the

Federal Savings and Loan Insurance Corporation, any bank the

deposits of which are insured by'' after ''the accounts of which

are insured by'', struck out ''any member of'' before ''the Federal

Home Loan Bank System'', and substituted ''$1,000,000'' for

''$5,000'' and ''20 years'' for ''two years''.

Pub. L. 101-73, Sec. 961(h)(1), as amended by Pub. L. 104-294,

Sec. 605(b), struck out ''a Federal Home Loan Bank, the Federal

Home Loan Bank Board, the Home Owners' Loan Corporation, a Federal

Savings and Loan Association'' after ''National Agricultural Credit

Corporation,''.

Pub. L. 101-73, Sec. 961(h)(4), which directed the insertion of

''the Resolution Trust Corporation'' after ''Federal Deposit

Insurance Corporation,'' was executed by making the insertion after

the second appearance of ''Federal Deposit Insurance Corporation,''

as the probable intent of Congress.

1982 - Pub. L. 97-297 struck out ''a joint-stock land bank,''

after ''a Federal land bank,''.

1970 - Pub. L. 91-609 extended criminal penalty for fraud or

false statements to influence any institution the accounts of which

are insured by the Federal Savings and Loan Insurance Corporation,

any bank the deposits of which are insured by the Federal Deposit

Insurance Corporation, any member of the Federal Home Loan Bank

System, the Federal Deposit Insurance Corporation, the Federal

Savings and Loan Insurance Corporation, or the Administrator of the

National Credit Union Administration.

Pub. L. 91-468 substituted ''a Federal credit union, or an

insured State-chartered credit union'' for ''or a Federal credit

union''.

1964 - Pub. L. 88-353 inserted reference to Federal credit

unions.

1961 - Pub. L. 87-353 struck out reference to Federal Farm

Mortgage Corporation.

1959 - Pub. L. 86-168 substituted ''Federal land bank

association'' for ''National farm loan association''.

1958 - Pub. L. 85-699 inserted reference to small business

investment companies.

1956 - Act July 26, 1956, struck out reference to corporations in

which a Production Credit Corporation holds stock.

1949 - Act May 24, 1949, inserted reference to Secretary of

Agriculture acting through the Farmers' Home Administration.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by section 604(b)(22) of Pub. L. 104-294 effective

Sept. 13, 1994, see section 604(d) of Pub. L. 104-294, set out as a

note under section 13 of this title.

Section 605(b) of Pub. L. 104-294 provided that the amendment by

that section to section 961(h) of Pub. L. 101-73 was effective on

the date of enactment of Pub. L. 101-73, which was approved Aug. 9,

1989.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-354 effective Oct. 13, 1994, and

applicable to provision of crop insurance under Federal Crop

Insurance Act (7 U.S.C. 1501 et seq.) beginning with 1995 crop

year, with such Act, as in effect on the day before Oct. 13, 1994,

to continue to apply with respect to 1994 crop year, see section

120 of Pub. L. 103-354, set out as a note under section 1502 of

Title 7, Agriculture.

EFFECTIVE DATE OF 1959 AMENDMENT

Amendment by Pub. L. 86-168 effective Dec. 31, 1959, see section

104(k) of Pub. L. 86-168.

EFFECTIVE DATE OF 1956 AMENDMENT

Amendment by act July 26, 1956, effective Jan. 1, 1957, see

section 202(a) of that act, set out as an Effective Date note under

section 1027 of Title 12, Banks and Banking.

-TRANS-

FARM CREDIT ADMINISTRATION

Establishment of Farm Credit Administration as independent

agency, and other changes in status, function, etc., see Ex. Ord.

No. 6084 set out prec. section 2241 of Title 12, Banks and Banking.

See also section 2001 et seq. of Title 12.

NATIONAL CREDIT UNION ADMINISTRATION

Establishment as independent agency, membership, etc., see

section 1752 et seq. of Title 12, Banks and Banking.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 225, 981, 982, 1510,

1956, 3056, 3293, 3322 of this title; title 12 sections 503, 1785,

1786, 1787, 1821, 1828, 1829, 1831k, 1833a, 2277a-10b.

-CITE-

18 USC Sec. 1015 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1015. Naturalization, citizenship or alien registry

-STATUTE-

(a) Whoever knowingly makes any false statement under oath, in

any case, proceeding, or matter relating to, or under, or by virtue

of any law of the United States relating to naturalization,

citizenship, or registry of aliens; or

(b) Whoever knowingly, with intent to avoid any duty or liability

imposed or required by law, denies that he has been naturalized or

admitted to be a citizen, after having been so naturalized or

admitted; or

(c) Whoever uses or attempts to use any certificate of arrival,

declaration of intention, certificate of naturalization,

certificate of citizenship or other documentary evidence of

naturalization or of citizenship, or any duplicate or copy thereof,

knowing the same to have been procured by fraud or false evidence

or without required appearance or hearing of the applicant in court

or otherwise unlawfully obtained; or

(d) Whoever knowingly makes any false certificate, acknowledgment

or statement concerning the appearance before him or the taking of

an oath or affirmation or the signature, attestation or execution

by any person with respect to any application, declaration,

petition, affidavit, deposition, certificate of naturalization,

certificate of citizenship or other paper or writing required or

authorized by the laws relating to immigration, naturalization,

citizenship, or registry of aliens; or

(e) Whoever knowingly makes any false statement or claim that he

is, or at any time has been, a citizen or national of the United

States, with the intent to obtain on behalf of himself, or any

other person, any Federal or State benefit or service, or to engage

unlawfully in employment in the United States; or

(f) Whoever knowingly makes any false statement or claim that he

is a citizen of the United States in order to register to vote or

to vote in any Federal, State, or local election (including an

initiative, recall, or referendum) -

Shall be fined under this title or imprisoned not more than five

years, or both. Subsection (f) does not apply to an alien if each

natural parent of the alien (or, in the case of an adopted alien,

each adoptive parent of the alien) is or was a citizen (whether by

birth or naturalization), the alien permanently resided in the

United States prior to attaining the age of 16, and the alien

reasonably believed at the time of making the false statement or

claim that he or she was a citizen of the United States.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 752; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L.

104-208, div. C, title II, Sec. 215, Sept. 30, 1996, 110 Stat.

3009-572; Pub. L. 106-395, title II, Sec. 201(d)(2), Oct. 30, 2000,

114 Stat. 1635.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on subsections (a), paragraphs (1), (16), (17), (19), (32),

(b), (d), and (l) of section 746 of title 8, U.S.C., 1940 ed.,

Aliens and Nationality (Oct. 14, 1940, ch. 876, Sec. 346(a), pars.

(1), (16), (17), (19), (32), (b), (d), and (l), 45 Stat. 1163,

1165, 1167).

Section consolidates, with minor changes, subsection (a),

paragraphs (1), (16), (17), (19), (32), and subsections (b), (d),

and (l), of section 746 of title 8, U.S.C., 1940 ed., Aliens and

Nationality.

Such changes of arrangement and phraseology were made as were

appropriate and necessary.

AMENDMENTS

2000 - Pub. L. 106-395 inserted at end of concluding provisions

''Subsection (f) does not apply to an alien if each natural parent

of the alien (or, in the case of an adopted alien, each adoptive

parent of the alien) is or was a citizen (whether by birth or

naturalization), the alien permanently resided in the United States

prior to attaining the age of 16, and the alien reasonably believed

at the time of making the false statement or claim that he or she

was a citizen of the United States.''

1996 - Subsecs. (e), (f). Pub. L. 104-208 added subsecs. (e) and

(f).

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000'' in concluding par.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-395 effective as if included in the

enactment of section 215 of the Illegal Immigration Reform and

Immigrant Responsibility Act of 1996, div. C of Pub. L. 104-208,

and applicable to an alien prosecuted on or after Sept. 30, 1996,

except in the case of an alien whose criminal proceeding (including

judicial review thereof) has been finally concluded before Oct. 30,

2000, see section 201(d)(3) of Pub. L. 106-395, set out as a note

under section 611 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 15544.

-CITE-

18 USC Sec. 1016 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1016. Acknowledgment of appearance or oath

-STATUTE-

Whoever, being an officer authorized to administer oaths or to

take and certify acknowledgments, knowingly makes any false

acknowledgment, certificate, or statement concerning the appearance

before him or the taking of an oath or affirmation by any person

with respect to any proposal, contract, bond, undertaking, or other

matter submitted to, made with, or taken on behalf of the United

States or any department or agency thereof, concerning which an

oath or affirmation is required by law or lawful regulation, or

with respect to the financial standing of any principal, surety, or

other party to any such proposal, contract, bond, undertaking, or

other instrument, shall be fined under this title or imprisoned not

more than two years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 753; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 75 (Mar. 4, 1909, ch.

321, Sec. 31, 35 Stat. 1094).

Words ''or of any department or agency thereof'' were inserted

after ''United States'' so as to remove any ambiguity as to scope

of section. (See definitions of ''department'' and ''agency'' in

section 6 of this title.)

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $2,000''.

-CITE-

18 USC Sec. 1017 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1017. Government seals wrongfully used and instruments

wrongfully sealed

-STATUTE-

Whoever fraudulently or wrongfully affixes or impresses the seal

of any department or agency of the United States, to or upon any

certificate, instrument, commission, document, or paper or with

knowledge of its fraudulent character, with wrongful or fraudulent

intent, uses, buys, procures, sells, or transfers to another any

such certificate, instrument, commission, document, or paper, to

which or upon which said seal has been so fraudulently affixed or

impressed, shall be fined under this title or imprisoned not more

than five years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 753; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 130 (June 15, 1917, ch.

30, title X, Sec. 1, 40 Stat. 227).

To clarify scope of section and in view of definition of

department or agency in section 6 of this title, words ''department

or agency'' were substituted for ''executive department, or of any

bureau, commission, or office''.

Slight verbal changes were also made.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1717 of this title.

-CITE-

18 USC Sec. 1018 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1018. Official certificates or writings

-STATUTE-

Whoever, being a public officer or other person authorized by any

law of the United States to make or give a certificate or other

writing, knowingly makes and delivers as true such a certificate or

writing, containing any statement which he knows to be false, in a

case where the punishment thereof is not elsewhere expressly

provided by law, shall be fined under this title or imprisoned not

more than one year, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 753; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 195 (Mar. 4, 1909, ch.

321, Sec. 106, 35 Stat. 1107).

Minor changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $500''.

-CITE-

18 USC Sec. 1019 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1019. Certificates by consular officers

-STATUTE-

Whoever, being a consul, or vice consul, or other person employed

in the consular service of the United States, knowingly certifies

falsely to any invoice, or other paper, to which his certificate is

authorized or required by law, shall be fined under this title or

imprisoned not more than three years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 753; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 127 (Mar. 4, 1909, ch.

321, Sec. 70, 35 Stat. 1101).

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 $10,000''.

-CITE-

18 USC Sec. 1020 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1020. Highway projects

-STATUTE-

Whoever, being an officer, agent, or employee of the United

States, or of any State or Territory, or whoever, whether a person,

association, firm, or corporation, knowingly makes any false

statement, false representation, or false report as to the

character, quality, quantity, or cost of the material used or to be

used, or the quantity or quality of the work performed or to be

performed, or the costs thereof in connection with the submission

of plans, maps, specifications, contracts, or costs of construction

of any highway or related project submitted for approval to the

Secretary of Transportation; or

Whoever knowingly makes any false statement, false

representation, false report, or false claim with respect to the

character, quality, quantity, or cost of any work performed or to

be performed, or materials furnished or to be furnished, in

connection with the construction of any highway or related project

approved by the Secretary of Transportation; or

Whoever knowingly makes any false statement or false

representation as to a material fact in any statement, certificate,

or report submitted pursuant to the provisions of the Federal-Aid

Road Act approved July 11, 1916 (39 Stat. 355), as amended and

supplemented,

Shall be fined under this title or imprisoned not more than five

years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 753; Oct. 31, 1951, ch. 655, Sec.

27, 65 Stat. 721; May 6, 1954, ch. 181, Sec. 18, 68 Stat. 76; Pub.

L. 89-670, Sec. 10(f), Oct. 15, 1966, 80 Stat. 948; Pub. L.

103-322, title XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat.

2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 46 of title 23, U.S.C., 1940 ed., Highways (June

19, 1922, ch. 227, Sec. 4, par. 6, 42 Stat. 661).

Words ''highway, or related,'' were inserted before ''project''

in two places for the purpose of description, in view of transfer

from title 23.

Words ''upon conviction thereof'' were omitted as surplusage,

because punishment cannot be imposed until a conviction is secured.

Changes in phraseology were made.

-REFTEXT-

REFERENCES IN TEXT

The Federal-Aid Road Act approved July 11, 1916 (39 Stat. 355),

referred to in text, is act July 11, 1916, ch. 241, 39 Stat. 355,

as amended, which was repealed by Pub. L. 85-767, Sec. 2(1), Aug.

27, 1958, 72 Stat. 919. See section 101 et seq. of Title 23,

Highways.

-MISC2-

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $10,000'' in last par.

1966 - Pub. L. 89-670 substituted ''Secretary of Transportation''

for ''Secretary of Commerce'' wherever appearing.

1954 - Act May 6, 1954, substituted in second par. ''with respect

to the character, quality, quantity, or cost of any work performed

or to be performed, or materials furnished or to be furnished, in

connection with the construction'' for ''for work or materials for

the construction''; and in third par. substituted ''as to a

material fact in any statement, certificate, or report submitted

pursuant to the provisions of the Federal-Aid Road Act approved

July 11, 1916 (39 Stat. 355), as amended and supplemented'' for

''in any report required under Title 23, with intent to defraud the

United States''.

1951 - Act Oct. 31, 1951, substituted ''Secretary of Commerce''

for ''Secretary of Agriculture'' in first and second pars.

EFFECTIVE DATE OF 1966 AMENDMENT

Amendment by Pub. L. 89-670 effective Apr. 1, 1967, as prescribed

by President and published in Federal Register, see section 16(a),

formerly Sec. 15(a), of Pub. L. 89-670 and Ex. Ord. No. 11340, Mar.

30, 1967, 32 F.R. 5453.

-TRANS-

TRANSFER OF FUNCTIONS

The Bureau of Public Roads, which is the principal road building

agency of the Federal Government, and which was formerly under the

Department of Agriculture, was redesignated the Public Roads

Administration and, with its functions, transferred to the Federal

Works Agency, and the functions of the Secretary of Agriculture,

with respect thereto, were transferred to the Federal Works

Administrator, by Reorg. Plan No. 1 of 1939, Sec. 301, 302, eff.

July 1, 1939, 4 F.R. 2727, 53 Stat. 1426, set out in the Appendix

to Title 5, Government Organization and Employees. Act June 30,

1949, ch. 288, title I, Sec. 103, 63 Stat. 380, (see text of, and

Historical and Revision Notes under, section 303(b) of Title 40,

Public Buildings, Property, and Works), abolished the Federal Works

Agency, transferred its functions, the functions of all agencies

thereof, the functions of the Federal Works Administrator, and the

functions of the Commissioner of Public Roads, to the Administrator

of General Services, and transferred the Public Roads

Administration, which it redesignated the Bureau of Public Roads,

to the General Services Administration. Reorg. Plan No. 7 of 1949,

eff. Aug. 19, 1949, 14 F.R. 5228, 63 Stat. 1070, set out in the

Appendix to Title 5, Government Organization and Employees,

transferred such bureau and its functions and personnel to the

Department of Commerce, and transferred the functions of the

Administrator of General Services, with respect thereto, to the

Secretary of Commerce, to be performed by him or, subject to his

direction and control, by such officers, employees and agencies of

the Department of Commerce as he should designate. Reorg. Plan No.

5 of 1950, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out

in the Appendix to Title 5, Government Organization and Employees,

transferred, with certain exceptions not applicable to this

section, all functions of all other officers of the Department of

Commerce, and all functions of all agencies and employees of such

Department, to the Secretary of Commerce, with power vested in him

to authorize their performance, or the performance of any of his

functions, by any of such other officers, or by any agency or

employee of the Department of Commerce.

-CITE-

18 USC Sec. 1021 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1021. Title records

-STATUTE-

Whoever, being an officer or other person authorized by any law

of the United States to record a conveyance of real property or any

other instrument which by such law may be recorded, knowingly

certifies falsely that such conveyance or instrument has or has not

been recorded, shall be fined under this title or imprisoned not

more than five years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 754; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 194 (Mar. 4, 1909, ch.

321, Sec. 105, 35 Stat. 1107).

Words ''five years'' were substituted for ''seven years'' as more

in conformity with comparable sections of this chapter.

Minor change was made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $1,000''.

-CITE-

18 USC Sec. 1022 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1022. Delivery of certificate, voucher, receipt for military

or naval property

-STATUTE-

Whoever, being authorized to make or deliver any certificate,

voucher, receipt, or other paper certifying the receipt of arms,

ammunition, provisions, clothing, or other property used or to be

used in the military or naval service, makes or delivers the same

to any other person without a full knowledge of the truth of the

facts stated therein and with intent to defraud the United States,

or any agency thereof, shall be fined under this title or

imprisoned not more than ten years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 754; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 84 (Mar. 4, 1909, ch.

321, Sec. 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015;

June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52

Stat. 197).

Word ''agency'' was substituted for ''department'' so as to

eliminate any possible ambiguity as to scope of section. (See

definitions of ''department'' and ''agency'' in section 6 of this

title.)

Words ''or any corporation in which the United States of America

is a stockholder'' were omitted as unnecessary in view of

definition of ''agency'' in section 6 of this title.

Minor changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $10,000''.

-CITE-

18 USC Sec. 1023 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1023. Insufficient delivery of money or property for military

or naval service

-STATUTE-

Whoever, having charge, possession, custody, or control of any

money or other public property used or to be used in the military

or naval service, with intent to defraud the United States, or any

agency thereof, or any corporation in which the United States has a

proprietary interest, or intending to conceal such money or other

property, delivers to any person having authority to receive the

same any amount of such money or other property less than that for

which he received a certificate or took a receipt, shall be fined

under this title or imprisoned not more than ten years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 754; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 85 (Mar. 4, 1909, ch.

321, Sec. 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015;

June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52

Stat. 197).

Word ''agency'' was substituted for ''department'' so as to

eliminate any possible ambiguity as to scope of section. (See

definitions of ''department'' and ''agency'' in section 6 of this

title.)

Reference to persons causing or procuring was omitted as

unnecessary in view of definition of ''principal'' in section 2 of

this title.

Minor changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $10,000''.

-CITE-

18 USC Sec. 1024 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1024. Purchase or receipt of military, naval, or veteran's

facilities property

-STATUTE-

Whoever purchases, or receives in pledge from any person any

arms, equipment, ammunition, clothing, military stores, or other

property furnished by the United States under a clothing allowance

or otherwise, to any member of the Armed Forces of the United

States or of the National Guard or Naval Militia, or to any person

accompanying, serving, or retained with the land or naval forces

and subject to military or naval law, or to any former member of

such Armed Forces at or by any hospital, home, or facility

maintained by the United States, having knowledge or reason to

believe that the property has been taken from the possession of or

furnished by the United States under such allowance, or otherwise,

shall be fined under this title or imprisoned not more than two

years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 754; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 86 (Mar. 4, 1909, ch.

321, Sec. 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015;

June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52

Stat. 197; Apr. 30, 1940, ch. 164, 54 Stat. 171).

Minor changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $500''.

-CITE-

18 USC Sec. 1025 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1025. False pretenses on high seas and other waters

-STATUTE-

Whoever, upon any waters or vessel within the special maritime

and territorial jurisdiction of the United States, by any fraud, or

false pretense, obtains from any person anything of value, or

procures the execution and delivery of any instrument of writing or

conveyance of real or personal property, or the signature of any

person, as maker, endorser, or guarantor, to or upon any bond,

bill, receipt, promissory note, draft, or check, or any other

evidence of indebtedness, or fraudulently sells, barters, or

disposes of any bond, bill, receipt, promissory note, draft, or

check, or other evidence of indebtedness, for value, knowing the

same to be worthless, or knowing the signature of the maker,

endorser, or guarantor thereof to have been obtained by any false

pretenses, shall be fined under this title or imprisoned not more

than five years, or both; but if the amount, value or the face

value of anything so obtained does not exceed $1,000, he shall be

fined under this title or imprisoned not more than one year, or

both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 755; May 24, 1949, ch. 139, Sec.

22, 63 Stat. 92; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H),

(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104-294, title VI,

Sec. 606(a), Oct. 11, 1996, 110 Stat. 3511.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 18, U.S.C., 1940 ed., Sec. 467a (Mar. 4, 1909, ch.

321, Sec. 288A, as added Aug. 5, 1939, ch. 434, 53 Stat. 1205).

Words ''upon any waters or vessel within the special maritime and

territorial jurisdiction of the United States'' were substituted

for ''upon the high seas or on any waters within the admiralty and

maritime jurisdiction of the United States and out of the

jurisdiction of any particular State, or within the admiralty and

maritime jurisdiction of the United States and out of the

jurisdiction of any particular State on board any vessel belonging

in whole or in part to the United States or any citizen thereof or

to any corporation created by or under the laws of the United

States, or of any State, Territory, or District thereof'', near

beginning of section. The deleted words are not necessary in view

of definitive section 7 of this title.

Words ''whatsoever with intent to defraud'' were omitted as being

included in the preceding term ''false pretenses''.

The punishment provision was revised to include a misdemeanor

punishment (not more than $1,000 or one year, or both) where the

offense involves $100 or less. (See reviser's notes under sections

641 and 645 of this title.)

1949 ACT

This section (section 22) corrects a typographical error in

section 1025 of title 18, U.S.C.

AMENDMENTS

1996 - Pub. L. 104-294 substituted ''$1,000'' for ''$100''.

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000'' after ''pretenses, shall be'' and

for ''fined not more than $1,000'' after ''he shall be''.

1949 - Act May 24, 1949, corrected spelling of ''pretense''.

-CITE-

18 USC Sec. 1026 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1026. Compromise, adjustment, or cancellation of farm

indebtedness

-STATUTE-

Whoever knowingly makes any false statement for the purpose of

influencing in any way the action of the Secretary of Agriculture,

or of any person acting under his authority, in connection with any

compromise, adjustment, or cancellation of any farm indebtedness as

provided by sections 1150, 1150a, and 1150b of Title 12, shall be

fined under this title or imprisoned not more than one year, or

both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 755; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 1150c(a) of title 12, U.S.C., 1940 ed., Banks

and Banking (Dec. 20, 1944, ch. 623, Sec. 4(a), 58 Stat. 837).

Words ''of Agriculture'' were inserted after ''Secretary'' for

reasons of identification.

Words ''upon conviction thereof'' were omitted as surplusage,

since punishment can not be imposed until after conviction.

Other changes were made in phraseology without change of

substance.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $1,000''.

-CITE-

18 USC Sec. 1027 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1027. False statements and concealment of facts in relation to

documents required by the Employee Retirement Income Security

Act of 1974

-STATUTE-

Whoever, in any document required by title I of the Employee

Retirement Income Security Act of 1974 (as amended from time to

time) to be published, or kept as part of the records of any

employee welfare benefit plan or employee pension benefit plan, or

certified to the administrator of any such plan, makes any false

statement or representation of fact, knowing it to be false, or

knowingly conceals, covers up, or fails to disclose any fact the

disclosure of which is required by such title or is necessary to

verify, explain, clarify or check for accuracy and completeness any

report required by such title to be published or any information

required by such title to be certified, shall be fined under this

title, or imprisoned not more than five years, or both.

-SOURCE-

(Added Pub. L. 87-420, Sec. 17(c), Mar. 20, 1962, 76 Stat. 42;

amended Pub. L. 93-406, title I, Sec. 111(a)(2)(B)(i), (ii), Sept.

2, 1974, 88 Stat. 851; Pub. L. 103-322, title XXXIII, Sec.

330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

-REFTEXT-

REFERENCES IN TEXT

The Employee Retirement Income Security Act of 1974, referred to

in text, is Pub. L. 93-406, Sept. 2, 1974, 88 Stat. 829, as

amended. Title I of the Employee Retirement Income Security Act of

1974 is classified generally to subchapter I (Sec. 1001 et seq.) of

chapter 18 of Title 29, Labor. For complete classification of this

Act to the Code, see Short Title note set out under section 1001 of

Title 29 and Tables.

-MISC2-

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $10,000''.

1974 - Pub. L. 93-406 substituted ''Employee Retirement Income

Security Act of 1974'' for ''Welfare and Pension Plans Disclosure

Act'' in section catchline, and ''title I of the Employee

Retirement Income Security Act of 1974'' and ''title'' for ''the

Welfare and Pension Plans Disclosure Act'' and ''Act'',

respectively, in text.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-406 effective Jan. 1, 1975, except as

provided in section 1031(b)(2) of Title 29, Labor, see section

1031(b)(1) of Title 29.

EFFECTIVE DATE

Section effective 90 days after Mar. 20, 1962, see section 19 of

Pub. L. 87-420, set out as a note under section 664 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 24 of this title; title 29

sections 1031, 1111.

-CITE-

18 USC Sec. 1028 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1028. Fraud and related activity in connection with

identification documents and information

-STATUTE-

(a) Whoever, in a circumstance described in subsection (c) of

this section -

(1) knowingly and without lawful authority produces an

identification document or a false identification document;

(2) knowingly transfers an identification document or a false

identification document knowing that such document was stolen or

produced without lawful authority;

(3) knowingly possesses with intent to use unlawfully or

transfer unlawfully five or more identification documents (other

than those issued lawfully for the use of the possessor) or false

identification documents;

(4) knowingly possesses an identification document (other than

one issued lawfully for the use of the possessor) or a false

identification document, with the intent such document be used to

defraud the United States;

(5) knowingly produces, transfers, or possesses a

document-making implement with the intent such document-making

implement will be used in the production of a false

identification document or another document-making implement

which will be so used;

(6) knowingly possesses an identification document that is or

appears to be an identification document of the United States

which is stolen or produced without lawful authority knowing that

such document was stolen or produced without such authority; or

(7) knowingly transfers or uses, without lawful authority, a

means of identification of another person with the intent to

commit, or to aid or abet, any unlawful activity that constitutes

a violation of Federal law, or that constitutes a felony under

any applicable State or local law;

shall be punished as provided in subsection (b) of this section.

(b) The punishment for an offense under subsection (a) of this

section is -

(1) except as provided in paragraphs (3) and (4), a fine under

this title or imprisonment for not more than 15 years, or both,

if the offense is -

(A) the production or transfer of an identification document

or false identification document that is or appears to be -

(i) an identification document issued by or under the

authority of the United States; or

(ii) a birth certificate, or a driver's license or personal

identification card;

(B) the production or transfer of more than five

identification documents or false identification documents;

(C) an offense under paragraph (5) of such subsection; or

(D) an offense under paragraph (7) of such subsection that

involves the transfer or use of 1 or more means of

identification if, as a result of the offense, any individual

committing the offense obtains anything of value aggregating

$1,000 or more during any 1-year period;

(2) except as provided in paragraphs (3) and (4), a fine under

this title or imprisonment for not more than three years, or

both, if the offense is -

(A) any other production, transfer, or use of a means of

identification, an identification document, or a false

identification document; or

(B) an offense under paragraph (3) or (7) of such subsection;

(3) a fine under this title or imprisonment for not more than

20 years, or both, if the offense is committed -

(A) to facilitate a drug trafficking crime (as defined in

section 929(a)(2));

(B) in connection with a crime of violence (as defined in

section 924(c)(3)); or

(C) after a prior conviction under this section becomes

final;

(4) a fine under this title or imprisonment for not more than

25 years, or both, if the offense is committed to facilitate an

act of international terrorism (as defined in section 2331(1) of

this title);

(5) in the case of any offense under subsection (a), forfeiture

to the United States of any personal property used or intended to

be used to commit the offense; and

(6) a fine under this title or imprisonment for not more than

one year, or both, in any other case.

(c) The circumstance referred to in subsection (a) of this

section is that -

(1) the identification document or false identification

document is or appears to be issued by or under the authority of

the United States or the document-making implement is designed or

suited for making such an identification document or false

identification document;

(2) the offense is an offense under subsection (a)(4) of this

section; or

(3) either -

(A) the production, transfer, possession, or use prohibited

by this section is in or affects interstate or foreign

commerce, including the transfer of a document by electronic

means; or

(B) the means of identification, identification document,

false identification document, or document-making implement is

transported in the mail in the course of the production,

transfer, possession, or use prohibited by this section.

(d) In this section -

(1) the term ''document-making implement'' means any implement,

impression, template, computer file, computer disc, electronic

device, or computer hardware or software, that is specifically

configured or primarily used for making an identification

document, a false identification document, or another

document-making implement;

(2) the term ''identification document'' means a document made

or issued by or under the authority of the United States

Government, a State, political subdivision of a State, a foreign

government, political subdivision of a foreign government, an

international governmental or an international quasi-governmental

organization which, when completed with information concerning a

particular individual, is of a type intended or commonly accepted

for the purpose of identification of individuals;

(3) the term ''false identification document'' means a document

of a type intended or commonly accepted for the purposes of

identification of individuals that -

(A) is not issued by or under the authority of a governmental

entity; and

(B) appears to be issued by or under the authority of the

United States Government, a State, a political subdivision of a

State, a foreign government, a political subdivision of a

foreign government, or an international governmental or

quasi-governmental organization;

(4) the term ''means of identification'' means any name or

number that may be used, alone or in conjunction with any other

information, to identify a specific individual, including any -

(A) name, social security number, date of birth, official

State or government issued driver's license or identification

number, alien registration number, government passport number,

employer or taxpayer identification number;

(B) unique biometric data, such as fingerprint, voice print,

retina or iris image, or other unique physical representation;

(C) unique electronic identification number, address, or

routing code; or

(D) telecommunication identifying information or access

device (as defined in section 1029(e));

(5) the term ''personal identification card'' means an

identification document issued by a State or local government

solely for the purpose of identification;

(6) the term ''produce'' includes alter, authenticate, or

assemble;

(7) the term ''transfer'' includes selecting an identification

document, false identification document, or document-making

implement and placing or directing the placement of such

identification document, false identification document, or

document-making implement on an online location where it is

available to others; and

(8) the term ''State'' includes any State of the United States,

the District of Columbia, the Commonwealth of Puerto Rico, and

any other commonwealth, possession, or territory of the United

States.

(e) This section does not prohibit any lawfully authorized

investigative, protective, or intelligence activity of a law

enforcement agency of the United States, a State, or a political

subdivision of a State, or of an intelligence agency of the United

States, or any activity authorized under chapter 224 of this title.

(f) Attempt and Conspiracy. - Any person who attempts or

conspires to commit any offense under this section shall be subject

to the same penalties as those prescribed for the offense, the

commission of which was the object of the attempt or conspiracy.

(g) Forfeiture Procedures. - The forfeiture of property under

this section, including any seizure and disposition of the property

and any related judicial or administrative proceeding, shall be

governed by the provisions of section 413 (other than subsection

(d) of that section) of the Comprehensive Drug Abuse Prevention and

Control Act of 1970 (21 U.S.C. 853).

(h) Rule of Construction. - For purpose of subsection (a)(7), a

single identification document or false identification document

that contains 1 or more means of identification shall be construed

to be 1 means of identification.

-SOURCE-

(Added Pub. L. 97-398, Sec. 2, Dec. 31, 1982, 96 Stat. 2009;

amended Pub. L. 99-646, Sec. 44(a), Nov. 10, 1986, 100 Stat. 3601;

Pub. L. 100-690, title VII, Sec. 7023, Nov. 18, 1988, 102 Stat.

4397; Pub. L. 101-647, title XII, Sec. 1205(e), Nov. 29, 1990, 104

Stat. 4831; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), (M),

(O), Sept. 13, 1994, 108 Stat. 2147, 2148; Pub. L. 104-208, div.

C, title II, Sec. 211(a)(1), Sept. 30, 1996, 110 Stat. 3009-569;

Pub. L. 104-294, title VI, Sec. 601(a)(3), (p), Oct. 11, 1996, 110

Stat. 3498, 3502; Pub. L. 105-318, Sec. 3(a)-(h)(1), Oct. 30, 1998,

112 Stat. 3007-3009; Pub. L. 106-578, Sec. 3, Dec. 28, 2000, 114

Stat. 3076.)

-MISC1-

AMENDMENTS

2000 - Subsec. (c)(3)(A). Pub. L. 106-578, Sec. 3(1), inserted

'', including the transfer of a document by electronic means''

after ''commerce''.

Subsec. (d)(1). Pub. L. 106-578, Sec. 3(2)(A), inserted

''template, computer file, computer disc,'' after ''impression,''.

Subsec. (d)(3) to (8). Pub. L. 106-578, Sec. 3(2)(B)-(F), added

pars. (3) and (7) and redesignated former pars. (3), (4), (5), and

(6) as (4), (5), (6), and (8), respectively.

1998 - Pub. L. 105-318, Sec. 3(h)(1), inserted ''and

information'' at end of section catchline.

Subsec. (a). Pub. L. 105-318, Sec. 3(a)(3), struck out ''or

attempts to do so,'' before ''shall be punished'' in concluding

provisions.

Subsec. (a)(7). Pub. L. 105-318, Sec. 3(a)(1), (2), (4), added

par. (7).

Subsec. (b)(1)(D). Pub. L. 105-318, Sec. 3(b)(1), added subpar.

(D).

Subsec. (b)(2)(A). Pub. L. 105-318, Sec. 3(b)(2)(A), substituted

'', transfer, or use of a means of identification, an

identification document, or a'' for ''or transfer of an

identification document or''.

Subsec. (b)(2)(B). Pub. L. 105-318, Sec. 3(b)(2)(B), inserted

''or (7)'' after ''(3)''.

Subsec. (b)(3). Pub. L. 105-318, Sec. 3(b)(3), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: ''a fine

under this title or imprisonment for not more than 20 years, or

both, if the offense is committed to facilitate a drug trafficking

crime (as defined in section 929(a)(2) of this title);''.

Subsec. (b)(5), (6). Pub. L. 105-318, Sec. 3(b)(4)-(6), added

par. (5) and redesignated former par. (5) as (6).

Subsec. (c)(3). Pub. L. 105-318, Sec. 3(c), added par. (3) and

struck out former par. (3) which read as follows: ''the production,

transfer, or possession prohibited by this section is in or affects

interstate or foreign commerce, or the identification document,

false identification document, or document-making implement is

transported in the mail in the course of the production, transfer,

or possession prohibited by this section.''

Subsec. (d). Pub. L. 105-318, Sec. 3(d), amended subsec. (d)

generally. Prior to amendment, subsec. (d) consisted of pars. (1)

to (5) defining ''identification document'', ''produce'',

''document-making implement'', ''personal identification card'',

and ''State'' as used in this section.

Subsec. (f). Pub. L. 105-318, Sec. 3(e), added subsec. (f).

Subsec. (g). Pub. L. 105-318, Sec. 3(f), added subsec. (g).

Subsec. (h). Pub. L. 105-318, Sec. 3(g), added subsec. (h).

1996 - Subsec. (a)(4), (5). Pub. L. 104-294, Sec. 601(p), struck

out ''or'' after semicolon in par. (4) and inserted ''or'' after

semicolon in par. (5).

Subsec. (b). Pub. L. 104-294, Sec. 601(a)(3), substituted ''fine

under this title'' for ''fine of under this title'' wherever

appearing.

Subsec. (b)(1). Pub. L. 104-208, Sec. 211(a)(1)(A), in

introductory provisions inserted ''except as provided in paragraphs

(3) and (4),'' after ''(1)'' and substituted ''15 years'' for

''five years''.

Subsec. (b)(2). Pub. L. 104-208, Sec. 211(a)(1)(B), inserted

''except as provided in paragraphs (3) and (4),'' after ''(2)'' in

introductory provisions and struck out ''and'' at end.

Subsec. (b)(3) to (5). Pub. L. 104-208, Sec. 211(a)(1)(C), (D),

added pars. (3) and (4) and redesignated former par. (3) as (5).

1994 - Subsec. (b)(1). Pub. L. 103-322, Sec. 330016(1)(O),

substituted ''under this title'' for ''not more than $25,000''.

Subsec. (b)(2). Pub. L. 103-322, Sec. 330016(1)(M), substituted

''under this title'' for ''not more than $15,000''.

Subsec. (b)(3). Pub. L. 103-322, Sec. 330016(1)(K), substituted

''under this title'' for ''not more than $5,000''.

1990 - Subsec. (d)(5). Pub. L. 101-647 inserted ''commonwealth,''

before ''possession or territory of the United States''.

1988 - Subsec. (a)(6). Pub. L. 100-690 inserted ''knowingly''

before ''possesses'', ''lawful'' before first reference to

''authority'', and ''such'' before second reference to

''authority''.

1986 - Subsec. (e). Pub. L. 99-646 substituted ''chapter 224 of

this title'' for ''title V of the Organized Crime Control Act of

1970 (18 U.S.C. note prec. 3481)''.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-578, Sec. 5, Dec. 28, 2000, 114 Stat. 3077, provided

that: ''This Act (amending this section, repealing section 1738 of

this title, and enacting provisions set out as a note below) and

the amendments made by this Act shall take effect 90 days after the

date of enactment of this Act (Dec. 28, 2000).''

EFFECTIVE DATE OF 1996 AMENDMENT

Section 211(c) of div. C of Pub. L. 104-208 provided that:

''This section (amending this section and sections 1425 to 1427,

1541 to 1544, and 1546 of this title and enacting provisions set

out as a note under section 994 of Title 28, Judiciary and Judicial

Procedure) and the amendments made by this section shall apply with

respect to offenses occurring on or after the date of the enactment

of this Act (Sept. 30, 1996).''

COORDINATING COMMITTEE ON FALSE IDENTIFICATION

Pub. L. 106-578, Sec. 2, Dec. 28, 2000, 114 Stat. 3075, provided

that:

''(a) In General. - The Attorney General and the Secretary of the

Treasury shall establish a coordinating committee to ensure,

through existing interagency task forces or other means, that the

creation and distribution of false identification documents (as

defined in section 1028(d)(3) of title 18, United States Code, as

added by section 3(2) of this Act) is vigorously investigated and

prosecuted.

''(b) Membership. - The coordinating committee shall consist of

the Director of the United States Secret Service, the Director of

the Federal Bureau of Investigation, the Attorney General, the

Commissioner of Social Security, and the Commissioner of

Immigration and Naturalization, or their respective designees.

''(c) Term. - The coordinating committee shall terminate 2 years

after the effective date of this Act (see Effective Date of 2000

Amendment note above).

''(d) Report. -

''(1) In general. - The Attorney General and the Secretary of

the Treasury, at the end of each year of the existence of the

committee, shall report to the Committee on the Judiciary of the

Senate and the Committee on the Judiciary of the House of

Representatives on the activities of the committee.

''(2) Contents. - The report referred to in paragraph (1) shall

include -

''(A) the total number of indictments and informations,

guilty pleas, convictions, and acquittals resulting from the

investigation and prosecution of the creation and distribution

of false identification documents during the preceding year;

''(B) identification of the Federal judicial districts in

which the indictments and informations were filed, and in which

the subsequent guilty pleas, convictions, and acquittals

occurred;

''(C) specification of the Federal statutes utilized for

prosecution;

''(D) a brief factual description of significant

investigations and prosecutions;

''(E) specification of the sentence imposed as a result of

each guilty plea and conviction; and

''(F) recommendations, if any, for legislative changes that

could facilitate more effective investigation and prosecution

of the creation and distribution of false identification

documents.''

(For transfer of the functions, personnel, assets, and

obligations of the United States Secret Service, including the

functions of the Secretary of the Treasury relating thereto, to the

Secretary of Homeland Security, and for treatment of related

references, see sections 381, 551(d), 552(d), and 557 of Title 6,

Domestic Security, and the Department of Homeland Security

Reorganization Plan of November 25, 2002, as modified, set out as a

note under section 542 of Title 6.)

(For abolition of Immigration and Naturalization Service,

transfer of functions, and treatment of related references, see

note set out under section 1551 of Title 8, Aliens and

Nationality.)

CONSTITUTIONAL AUTHORITY

Pub. L. 105-318, Sec. 2, Oct. 30, 1998, 112 Stat. 3007, provided

that: ''The constitutional authority upon which this Act (see Short

Title of 1998 Amendments note set out under section 1001 of this

title) rests is the power of Congress to regulate commerce with

foreign nations and among the several States, and the authority to

make all laws which shall be necessary and proper for carrying into

execution the powers vested by the Constitution in the Government

of the United States or in any department or officer thereof, as

set forth in article I, section 8 of the United States

Constitution.''

CENTRALIZED COMPLAINT AND CONSUMER EDUCATION SERVICE FOR VICTIMS OF

IDENTITY THEFT

Pub. L. 105-318, Sec. 5, Oct. 30, 1998, 112 Stat. 3010, provided

that:

''(a) In General. - Not later than 1 year after the date of

enactment of this Act (Oct. 30, 1998), the Federal Trade Commission

shall establish procedures to -

''(1) log and acknowledge the receipt of complaints by

individuals who certify that they have a reasonable belief that 1

or more of their means of identification (as defined in section

1028 of title 18, United States Code, as amended by this Act)

have been assumed, stolen, or otherwise unlawfully acquired in

violation of section 1028 of title 18, United States Code, as

amended by this Act;

''(2) provide informational materials to individuals described

in paragraph (1); and

''(3) refer complaints described in paragraph (1) to

appropriate entities, which may include referral to -

''(A) the 3 major national consumer reporting agencies; and

''(B) appropriate law enforcement agencies for potential law

enforcement action.

''(b) Authorization of Appropriations. - There are authorized to

be appropriated such sums as may be necessary to carry out this

section.''

FRAUD AND RELATED ACTIVITY IN CONNECTION WITH IDENTIFICATION

DOCUMENTS

Pub. L. 98-473, title II, Sec. 609L, Oct. 12, 1984, 98 Stat.

2103, provided that:

''(a) For purposes of section 1028 of title 18, United States

Code, to the maximum extent feasible, personal descriptors or

identifiers utilized in identification documents, as defined in

such section, shall utilize common descriptive terms and formats

designed to -

''(1) reduce the redundancy and duplication of identification

systems by providing information which can be utilized by the

maximum number of authorities, and

''(2) facilitate positive identification of bona fide holders

of identification documents.

''(b) The President shall, no later than 3 years after the date

of enactment of this Act (Oct. 12, 1984), and after consultation

with Federal, State, local, and international issuing authorities,

and concerned groups make recommnedations (recommendations) to the

Congress for the enactment of comprehensive legislation on Federal

identification systems. Such legislation shall -

''(1) give due consideration to protecting the privacy of

persons who are the subject of any identification system,

''(2) recommend appropriate civil and criminal sanctions for

the misuse or unauthorized disclosure of personal identification

information, and

''(3) make recommendations providing for the exchange of

personal identification information as authorized by Federal or

State law or Executive order of the President or the chief

executive officer of any of the several States.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 922, 981, 982, 2257,

2326, 2516 of this title; title 8 section 1324a; title 31 section

9703; title 42 section 5119a.

-CITE-

18 USC Sec. 1029 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1029. Fraud and related activity in connection with access

devices

-STATUTE-

(a) Whoever -

(1) knowingly and with intent to defraud produces, uses, or

traffics in one or more counterfeit access devices;

(2) knowingly and with intent to defraud traffics in or uses

one or more unauthorized access devices during any one-year

period, and by such conduct obtains anything of value aggregating

$1,000 or more during that period;

(3) knowingly and with intent to defraud possesses fifteen or

more devices which are counterfeit or unauthorized access

devices;

(4) knowingly, and with intent to defraud, produces, traffics

in, has control or custody of, or possesses device-making

equipment;

(5) knowingly and with intent to defraud effects transactions,

with 1 or more access devices issued to another person or

persons, to receive payment or any other thing of value during

any 1-year period the aggregate value of which is equal to or

greater than $1,000;

(6) without the authorization of the issuer of the access

device, knowingly and with intent to defraud solicits a person

for the purpose of -

(A) offering an access device; or

(B) selling information regarding or an application to obtain

an access device;

(7) knowingly and with intent to defraud uses, produces,

traffics in, has control or custody of, or possesses a

telecommunications instrument that has been modified or altered

to obtain unauthorized use of telecommunications services;

(8) knowingly and with intent to defraud uses, produces,

traffics in, has control or custody of, or possesses a scanning

receiver;

(9) knowingly uses, produces, traffics in, has control or

custody of, or possesses hardware or software, knowing it has

been configured to insert or modify telecommunication identifying

information associated with or contained in a telecommunications

instrument so that such instrument may be used to obtain

telecommunications service without authorization; or

(10) without the authorization of the credit card system member

or its agent, knowingly and with intent to defraud causes or

arranges for another person to present to the member or its

agent, for payment, 1 or more evidences or records of

transactions made by an access device;

shall, if the offense affects interstate or foreign commerce, be

punished as provided in subsection (c) of this section.

(b)(1) Whoever attempts to commit an offense under subsection (a)

of this section shall be subject to the same penalties as those

prescribed for the offense attempted.

(2) Whoever is a party to a conspiracy of two or more persons to

commit an offense under subsection (a) of this section, if any of

the parties engages in any conduct in furtherance of such offense,

shall be fined an amount not greater than the amount provided as

the maximum fine for such offense under subsection (c) of this

section or imprisoned not longer than one-half the period provided

as the maximum imprisonment for such offense under subsection (c)

of this section, or both.

(c) Penalties. -

(1) Generally. - The punishment for an offense under subsection

(a) of this section is -

(A) in the case of an offense that does not occur after a

conviction for another offense under this section -

(i) if the offense is under paragraph (1), (2), (3), (6),

(7), or (10) of subsection (a), a fine under this title or

imprisonment for not more than 10 years, or both; and

(ii) if the offense is under paragraph (4), (5), (8), or

(9) of subsection (a), a fine under this title or

imprisonment for not more than 15 years, or both;

(B) in the case of an offense that occurs after a conviction

for another offense under this section, a fine under this title

or imprisonment for not more than 20 years, or both; and

(C) in either case, forfeiture to the United States of any

personal property used or intended to be used to commit the

offense.

(2) Forfeiture procedure. - The forfeiture of property under

this section, including any seizure and disposition of the

property and any related administrative and judicial proceeding,

shall be governed by section 413 of the Controlled Substances

Act, except for subsection (d) of that section.

(d) The United States Secret Service shall, in addition to any

other agency having such authority, have the authority to

investigate offenses under this section. Such authority of the

United States Secret Service shall be exercised in accordance with

an agreement which shall be entered into by the Secretary of the

Treasury and the Attorney General.

(e) As used in this section -

(1) the term ''access device'' means any card, plate, code,

account number, electronic serial number, mobile identification

number, personal identification number, or other

telecommunications service, equipment, or instrument identifier,

or other means of account access that can be used, alone or in

conjunction with another access device, to obtain money, goods,

services, or any other thing of value, or that can be used to

initiate a transfer of funds (other than a transfer originated

solely by paper instrument);

(2) the term ''counterfeit access device'' means any access

device that is counterfeit, fictitious, altered, or forged, or an

identifiable component of an access device or a counterfeit

access device;

(3) the term ''unauthorized access device'' means any access

device that is lost, stolen, expired, revoked, canceled, or

obtained with intent to defraud;

(4) the term ''produce'' includes design, alter, authenticate,

duplicate, or assemble;

(5) the term ''traffic'' means transfer, or otherwise dispose

of, to another, or obtain control of with intent to transfer or

dispose of;

(6) the term ''device-making equipment'' means any equipment,

mechanism, or impression designed or primarily used for making an

access device or a counterfeit access device;

(7) the term ''credit card system member'' means a financial

institution or other entity that is a member of a credit card

system, including an entity, whether affiliated with or identical

to the credit card issuer, that is the sole member of a credit

card system;

(8) the term ''scanning receiver'' means a device or apparatus

that can be used to intercept a wire or electronic communication

in violation of chapter 119 or to intercept an electronic serial

number, mobile identification number, or other identifier of any

telecommunications service, equipment, or instrument;

(9) the term ''telecommunications service'' has the meaning

given such term in section 3 of title I of the Communications Act

of 1934 (47 U.S.C. 153);

(10) the term ''facilities-based carrier'' means an entity that

owns communications transmission facilities, is responsible for

the operation and maintenance of those facilities, and holds an

operating license issued by the Federal Communications Commission

under the authority of title III of the Communications Act of

1934; and

(11) the term ''telecommunication identifying information''

means electronic serial number or any other number or signal that

identifies a specific telecommunications instrument or account,

or a specific communication transmitted from a telecommunications

instrument.

(f) This section does not prohibit any lawfully authorized

investigative, protective, or intelligence activity of a law

enforcement agency of the United States, a State, or a political

subdivision of a State, or of an intelligence agency of the United

States, or any activity authorized under chapter 224 of this

title. For purposes of this subsection, the term ''State''

includes a State of the United States, the District of Columbia,

and any commonwealth, territory, or possession of the United

States.

(g)(1) It is not a violation of subsection (a)(9) for an officer,

employee, or agent of, or a person engaged in business with, a

facilities-based carrier, to engage in conduct (other than

trafficking) otherwise prohibited by that subsection for the

purpose of protecting the property or legal rights of that carrier,

unless such conduct is for the purpose of obtaining

telecommunications service provided by another facilities-based

carrier without the authorization of such carrier.

(2) In a prosecution for a violation of subsection (a)(9), (other

than a violation consisting of producing or trafficking) it is an

affirmative defense (which the defendant must establish by a

preponderance of the evidence) that the conduct charged was engaged

in for research or development in connection with a lawful purpose.

(h) Any person who, outside the jurisdiction of the United

States, engages in any act that, if committed within the

jurisdiction of the United States, would constitute an offense

under subsection (a) or (b) of this section, shall be subject to

the fines, penalties, imprisonment, and forfeiture provided in this

title if -

(1) the offense involves an access device issued, owned,

managed, or controlled by a financial institution, account

issuer, credit card system member, or other entity within the

jurisdiction of the United States; and

(2) the person transports, delivers, conveys, transfers to or

through, or otherwise stores, secrets, or holds within the

jurisdiction of the United States, any article used to assist in

the commission of the offense or the proceeds of such offense or

property derived therefrom.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 1602(a), Oct. 12, 1984, 98

Stat. 2183; amended Pub. L. 99-646, Sec. 44(b), Nov. 10, 1986, 100

Stat. 3601; Pub. L. 101-647, title XII, Sec. 1205(f), Nov. 29,

1990, 104 Stat. 4831; Pub. L. 103-322, title XXV, Sec. 250007,

title XXXIII, Sec. 330016(2)(I), Sept. 13, 1994, 108 Stat. 2087,

2148; Pub. L. 103-414, title II, Sec. 206, Oct. 25, 1994, 108 Stat.

4291; Pub. L. 104-294, title VI, Sec. 601(l), Oct. 11, 1996, 110

Stat. 3501; Pub. L. 105-172, Sec. 2(a)-(d), Apr. 24, 1998, 112

Stat. 53, 54; Pub. L. 107-56, title III, Sec. 377, Oct. 26, 2001,

115 Stat. 342; Pub. L. 107-273, div. B, title IV, Sec.

4002(b)(11), Nov. 2, 2002, 116 Stat. 1808.)

-REFTEXT-

REFERENCES IN TEXT

Section 413 of the Controlled Substances Act, referred to in

subsec. (c)(2), is classified to section 853 of Title 21, Food and

Drugs.

The Communications Act of 1934, referred to in subsec. (e)(10),

is act June 19, 1934, ch. 652, 48 Stat. 1964, as amended. Title

III of the Act is classified generally to subchapter III (Sec. 301

et seq.) of chapter 5 of Title 47, Telegraphs, Telephones, and

Radiotelegraphs. For complete classification of this Act to the

Code, see section 609 of Title 47 and Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (c)(1)(A)(ii). Pub. L. 107-273, Sec.

4002(b)(11)(A), substituted ''(9)'' for ''(9),''.

Subsec. (e)(8). Pub. L. 107-273, Sec. 4002(b)(11)(B), inserted

semicolon at end.

2001 - Subsec. (h). Pub. L. 107-56 added subsec. (h).

1998 - Subsec. (a)(8) to (10). Pub. L. 105-172, Sec. 2(a), added

pars. (8) and (9), redesignated former par. (9) as (10), and struck

out former par. (8) which read as follows: ''knowingly and with

intent to defraud uses, produces, traffics in, has control or

custody of, or possesses -

''(A) a scanning receiver; or

''(B) hardware or software used for altering or modifying

telecommunications instruments to obtain unauthorized access to

telecommunications services, or''.

Subsec. (b)(1). Pub. L. 105-172, Sec. 2(b)(2), substituted

''subject to the same penalties as those prescribed for the offense

attempted'' for ''punished as provided in subsection (c) of this

section''.

Subsec. (c). Pub. L. 105-172, Sec. 2(b)(1), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: ''The

punishment for an offense under subsection (a) or (b)(1) of this

section is -

''(1) a fine under this title or twice the value obtained by

the offense, whichever is greater, or imprisonment for not more

than ten years, or both, in the case of an offense under

subsection (a)(2), (3), (5), (6), (7), (8), or (9) of this

section which does not occur after a conviction for another

offense under either such subsection, or an attempt to commit an

offense punishable under this paragraph;

''(2) a fine under this title or twice the value obtained by

the offense, whichever is greater, or imprisonment for not more

than fifteen years, or both, in the case of an offense under

subsection (a)(1), (4), (5), (6), (7), or (8) of this section

which does not occur after a conviction for another offense under

either such subsection, or an attempt to commit an offense

punishable under this paragraph; and

''(3) a fine under this title or twice the value obtained by

the offense, whichever is greater, or imprisonment for not more

than twenty years, or both, in the case of an offense under

subsection (a) of this section which occurs after a conviction

for another offense under such subsection, or an attempt to

commit an offense punishable under this paragraph.''

Subsec. (e)(8). Pub. L. 105-172, Sec. 2(c), inserted ''or to

intercept an electronic serial number, mobile identification

number, or other identifier of any telecommunications service,

equipment, or instrument'' before the period at end.

Subsec. (e)(9) to (11). Pub. L. 105-172, Sec. 2(d)(2), added

pars. (9) to (11).

Subsec. (g). Pub. L. 105-172, Sec. 2(d)(1), added subsec. (g).

1996 - Subsec. (a)(5). Pub. L. 104-294, Sec. 601(l)(1)(A),

redesignated par. (5), relating to instruments that have been

modified or altered to obtain unauthorized access to

telecommunications services, as (7).

Subsec. (a)(6). Pub. L. 104-294, Sec. 601(l)(1)(C), in par. (6)

relating to solicitations, struck out ''or'' at end.

Pub. L. 104-294, Sec. 601(l)(1)(A), redesignated par. (6),

relating to scanning receivers or other hardware or software used

to obtain unauthorized access to telecommunications services, as

(8).

Subsec. (a)(7). Pub. L. 104-294, Sec. 601(l)(1)(A), (C),

redesignated par. (5), relating to instruments that have been

modified or altered to obtain unauthorized access to

telecommunications services, as (7), and struck out ''or'' at end.

Par. transferred to appear in numerical order to reflect probable

intent of Congress. Former par. (7) redesignated (9).

Pub. L. 104-294, Sec. 601(l)(1)(B), redesignated par. (7) as (9).

Subsec. (a)(8). Pub. L. 104-294, Sec. 601(l)(1)(A), (D),

redesignated par. (6), relating to scanning receivers or other

hardware or software used to obtain unauthorized access to

telecommunications services, as (8) and inserted ''or'' at end.

Par. transferred to appear in numerical order to reflect probable

intent of Congress.

Subsec. (a)(9). Pub. L. 104-294, Sec. 601(l)(1)(B), redesignated

par. (7) as (9).

Subsec. (c)(1). Pub. L. 104-294, Sec. 601(l)(3)(A), substituted

''(7), (8), or (9)'' for ''or (7)''.

Subsec. (c)(2). Pub. L. 104-294, Sec. 601(l)(3)(B), substituted

''(6), (7), or (8)'' for ''or (6)''.

Subsec. (e)(7), (8). Pub. L. 104-294, Sec. 601(l)(2),

redesignated par. (7), defining ''scanning receiver'', as (8).

1994 - Subsec. (a)(3). Pub. L. 103-322, Sec. 250007(1)(A), and

Pub. L. 103-414, Sec. 206(a)(1), amended par. (3) identically,

striking ''or'' at end.

Subsec. (a)(5). Pub. L. 103-414, Sec. 206(a)(2), added par. (5)

relating to instruments that have been modified or altered to

obtain unauthorized use of telecommunications services.

Pub. L. 103-322, Sec. 250007(1)(B), added par. (5) relating to

transactions involving use of access devices issued to persons

other than user.

Subsec. (a)(6). Pub. L. 103-414, Sec. 206(a)(2), added par. (6)

relating to scanning receivers or other hardware or software used

to obtain unauthorized access to telecommunications services.

Pub. L. 103-322, Sec. 250007(1)(B), added par. (6) relating to

solicitations which offer access devices or information regarding

access devices.

Subsec. (a)(7). Pub. L. 103-322, Sec. 250007(1)(B), added par.

(7).

Subsec. (c)(1). Pub. L. 103-322, Sec. 330016(2)(I), substituted

''fine under this title or twice the value obtained by the offense,

whichever is greater, or imprisonment'' for ''fine of not more than

the greater of $10,000 or twice the value obtained by the offense

or imprisonment''.

Pub. L. 103-322, Sec. 250007(2), substituted ''(a)(2), (3), (5),

(6), or (7)'' for ''(a)(2) or (a)(3)''.

Subsec. (c)(2). Pub. L. 103-414, Sec. 206(b), substituted

''(a)(1), (4), (5), or (6)'' for ''(a)(1) or (a)(4)''.

Pub. L. 103-322, Sec. 330016(2)(I), substituted ''fine under this

title or twice the value obtained by the offense, whichever is

greater, or imprisonment'' for ''fine of not more than the greater

of $50,000 or twice the value obtained by the offense or

imprisonment''.

Subsec. (c)(3). Pub. L. 103-322, Sec. 330016(2)(I), substituted

''fine under this title or twice the value obtained by the offense,

whichever is greater, or imprisonment'' for ''fine of not more than

the greater of $100,000 or twice the value obtained by the offense

or imprisonment''.

Subsec. (e)(1). Pub. L. 103-414, Sec. 206(c)(1), inserted

''electronic serial number, mobile identification number, personal

identification number, or other telecommunications service,

equipment, or instrument identifier,'' after ''account number,''.

Subsec. (e)(5), (6). Pub. L. 103-322, Sec. 250007(3)(A), (B), and

Pub. L. 103-414, Sec. 206(c)(2), (3), amended subsec. (e)

identically, striking ''and'' at end of par. (5) and substituting

''; and'' for period at end of par. (6).

Subsec. (e)(7). Pub. L. 103-414, Sec. 206(c)(4), added par. (7)

defining ''scanning receiver''.

Pub. L. 103-322, Sec. 250007(3)(C), added par. (7) defining

''credit card system member''.

1990 - Subsec. (f). Pub. L. 101-647 inserted at end ''For

purposes of this subsection, the term 'State' includes a State of

the United States, the District of Columbia, and any commonwealth,

territory, or possession of the United States.''

1986 - Subsec. (f). Pub. L. 99-646 which directed that subsec.

(f) be amended by substituting ''chapter 224 of this title'' for

''title V of the Organized Crime Control Act of 1970 (18 U.S.C.

note prec. 3481)'' was executed by making the substitution for

''title V of the Organized Crime Control Act of 1970) 18 U.S.C.

note prec. 3481)'' to reflect the probable intent of Congress.

TERMINATION DATE OF 2001 AMENDMENT

Amendments by title III of Pub. L. 107-56 to terminate effective

on and after the first day of fiscal year 2005 if Congress enacts a

joint resolution that such amendments no longer have the force of

law, see section 303 of Pub. L. 107-56, set out as a Four-Year

Congressional Review; Expedited Consideration note under section

5311 of Title 31, Money and Finance.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of the functions, personnel, assets, and obligations

of the United States Secret Service, including the functions of the

Secretary of the Treasury relating thereto, to the Secretary of

Homeland Security, and for treatment of related references, see

sections 381, 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC5-

REPORT TO CONGRESS

Section 1603 of Pub. L. 98-473 directed Attorney General to

report to Congress annually, during first three years following

Oct. 12, 1984, concerning prosecutions under this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 981, 982, 1028, 1030,

1961, 2326, 2516 of this title; title 31 section 9703.

-CITE-

18 USC Sec. 1030 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1030. Fraud and related activity in connection with computers

-STATUTE-

(a) Whoever -

(1) having knowingly accessed a computer without authorization

or exceeding authorized access, and by means of such conduct

having obtained information that has been determined by the

United States Government pursuant to an Executive order or

statute to require protection against unauthorized disclosure for

reasons of national defense or foreign relations, or any

restricted data, as defined in paragraph y. of section 11 of the

Atomic Energy Act of 1954, with reason to believe that such

information so obtained could be used to the injury of the United

States, or to the advantage of any foreign nation willfully

communicates, delivers, transmits, or causes to be communicated,

delivered, or transmitted, or attempts to communicate, deliver,

transmit or cause to be communicated, delivered, or transmitted

the same to any person not entitled to receive it, or willfully

retains the same and fails to deliver it to the officer or

employee of the United States entitled to receive it;

(2) intentionally accesses a computer without authorization or

exceeds authorized access, and thereby obtains -

(A) information contained in a financial record of a

financial institution, or of a card issuer as defined in

section 1602(n) of title 15, or contained in a file of a

consumer reporting agency on a consumer, as such terms are

defined in the Fair Credit Reporting Act (15 U.S.C. 1681 et

seq.);

(B) information from any department or agency of the United

States; or

(C) information from any protected computer if the conduct

involved an interstate or foreign communication;

(3) intentionally, without authorization to access any

nonpublic computer of a department or agency of the United

States, accesses such a computer of that department or agency

that is exclusively for the use of the Government of the United

States or, in the case of a computer not exclusively for such

use, is used by or for the Government of the United States and

such conduct affects that use by or for the Government of the

United States;

(4) knowingly and with intent to defraud, accesses a protected

computer without authorization, or exceeds authorized access, and

by means of such conduct furthers the intended fraud and obtains

anything of value, unless the object of the fraud and the thing

obtained consists only of the use of the computer and the value

of such use is not more than $5,000 in any 1-year period;

(5)(A)(i) knowingly causes the transmission of a program,

information, code, or command, and as a result of such conduct,

intentionally causes damage without authorization, to a protected

computer;

(ii) intentionally accesses a protected computer without

authorization, and as a result of such conduct, recklessly causes

damage; or

(iii) intentionally accesses a protected computer without

authorization, and as a result of such conduct, causes damage;

and

(B) by conduct described in clause (i), (ii), or (iii) of

subparagraph (A), caused (or, in the case of an attempted

offense, would, if completed, have caused) -

(i) loss to 1 or more persons during any 1-year period (and,

for purposes of an investigation, prosecution, or other

proceeding brought by the United States only, loss resulting

from a related course of conduct affecting 1 or more other

protected computers) aggregating at least $5,000 in value;

(ii) the modification or impairment, or potential

modification or impairment, of the medical examination,

diagnosis, treatment, or care of 1 or more individuals;

(iii) physical injury to any person;

(iv) a threat to public health or safety; or

(v) damage affecting a computer system used by or for a

government entity in furtherance of the administration of

justice, national defense, or national security;

(6) knowingly and with intent to defraud traffics (as defined

in section 1029) in any password or similar information through

which a computer may be accessed without authorization, if -

(A) such trafficking affects interstate or foreign commerce;

or

(B) such computer is used by or for the Government of the

United States; (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Probably should be followed by

''or''.

(7) with intent to extort from any person any money or other

thing of value, transmits in interstate or foreign commerce any

communication containing any threat to cause damage to a

protected computer;

shall be punished as provided in subsection (c) of this section.

(b) Whoever attempts to commit an offense under subsection (a) of

this section shall be punished as provided in subsection (c) of

this section.

(c) The punishment for an offense under subsection (a) or (b) of

this section is -

(1)(A) a fine under this title or imprisonment for not more

than ten years, or both, in the case of an offense under

subsection (a)(1) of this section which does not occur after a

conviction for another offense under this section, or an attempt

to commit an offense punishable under this subparagraph; and

(B) a fine under this title or imprisonment for not more than

twenty years, or both, in the case of an offense under subsection

(a)(1) of this section which occurs after a conviction for

another offense under this section, or an attempt to commit an

offense punishable under this subparagraph;

(2)(A) except as provided in subparagraph (B), a fine under

this title or imprisonment for not more than one year, or both,

in the case of an offense under subsection (a)(2), (a)(3),

(a)(5)(A)(iii), or (a)(6) of this section which does not occur

after a conviction for another offense under this section, or an

attempt to commit an offense punishable under this subparagraph;

(B) a fine under this title or imprisonment for not more than 5

years, or both, in the case of an offense under subsection

(a)(2), or an attempt to commit an offense punishable under this

subparagraph, if -

(i) the offense was committed for purposes of commercial

advantage or private financial gain;

(ii) the offense was committed in furtherance of any criminal

or tortious act in violation of the Constitution or laws of the

United States or of any State; or

(iii) the value of the information obtained exceeds $5,000;

and

(C) a fine under this title or imprisonment for not more than

ten years, or both, in the case of an offense under subsection

(a)(2), (a)(3) or (a)(6) of this section which occurs after a

conviction for another offense under this section, or an attempt

to commit an offense punishable under this subparagraph;

(3)(A) a fine under this title or imprisonment for not more

than five years, or both, in the case of an offense under

subsection (a)(4) or (a)(7) of this section which does not occur

after a conviction for another offense under this section, or an

attempt to commit an offense punishable under this subparagraph;

and

(B) a fine under this title or imprisonment for not more than

ten years, or both, in the case of an offense under subsection

(a)(4), (a)(5)(A)(iii), or (a)(7) of this section which occurs

after a conviction for another offense under this section, or an

attempt to commit an offense punishable under this subparagraph;

(4)(A) except as provided in paragraph (5), a fine under this

title, imprisonment for not more than 10 years, or both, in the

case of an offense under subsection (a)(5)(A)(i), or an attempt

to commit an offense punishable under that subsection;

(B) a fine under this title, imprisonment for not more than 5

years, or both, in the case of an offense under subsection

(a)(5)(A)(ii), or an attempt to commit an offense punishable

under that subsection;

(C) except as provided in paragraph (5), a fine under this

title, imprisonment for not more than 20 years, or both, in the

case of an offense under subsection (a)(5)(A)(i) or

(a)(5)(A)(ii), or an attempt to commit an offense punishable

under either subsection, that occurs after a conviction for

another offense under this section; and

(5)(A) if the offender knowingly or recklessly causes or

attempts to cause serious bodily injury from conduct in violation

of subsection (a)(5)(A)(i), a fine under this title or

imprisonment for not more than 20 years, or both; and

(B) if the offender knowingly or recklessly causes or attempts

to cause death from conduct in violation of subsection

(a)(5)(A)(i), a fine under this title or imprisonment for any

term of years or for life, or both.

(d)(1) The United States Secret Service shall, in addition to any

other agency having such authority, have the authority to

investigate offenses under this section.

(2) The Federal Bureau of Investigation shall have primary

authority to investigate offenses under subsection (a)(1) for any

cases involving espionage, foreign counterintelligence, information

protected against unauthorized disclosure for reasons of national

defense or foreign relations, or Restricted Data (as that term is

defined in section 11y of the Atomic Energy Act of 1954 (42 U.S.C.

2014(y)), except for offenses affecting the duties of the United

States Secret Service pursuant to section 3056(a) of this title.

(3) Such authority shall be exercised in accordance with an

agreement which shall be entered into by the Secretary of the

Treasury and the Attorney General.

(e) As used in this section -

(1) the term ''computer'' means an electronic, magnetic,

optical, electrochemical, or other high speed data processing

device performing logical, arithmetic, or storage functions, and

includes any data storage facility or communications facility

directly related to or operating in conjunction with such device,

but such term does not include an automated typewriter or

typesetter, a portable hand held calculator, or other similar

device;

(2) the term ''protected computer'' means a computer -

(A) exclusively for the use of a financial institution or the

United States Government, or, in the case of a computer not

exclusively for such use, used by or for a financial

institution or the United States Government and the conduct

constituting the offense affects that use by or for the

financial institution or the Government; or

(B) which is used in interstate or foreign commerce or

communication, including a computer located outside the United

States that is used in a manner that affects interstate or

foreign commerce or communication of the United States;

(3) the term ''State'' includes the District of Columbia, the

Commonwealth of Puerto Rico, and any other commonwealth,

possession or territory of the United States;

(4) the term ''financial institution'' means -

(A) an institution, with deposits insured by the Federal

Deposit Insurance Corporation;

(B) the Federal Reserve or a member of the Federal Reserve

including any Federal Reserve Bank;

(C) a credit union with accounts insured by the National

Credit Union Administration;

(D) a member of the Federal home loan bank system and any

home loan bank;

(E) any institution of the Farm Credit System under the Farm

Credit Act of 1971;

(F) a broker-dealer registered with the Securities and

Exchange Commission pursuant to section 15 of the Securities

Exchange Act of 1934;

(G) the Securities Investor Protection Corporation;

(H) 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); and

(I) an organization operating under section 25 or section

25(a) (FOOTNOTE 2) of the Federal Reserve Act;

(FOOTNOTE 2) See References in Text note below.

(5) the term ''financial record'' means information derived

from any record held by a financial institution pertaining to a

customer's relationship with the financial institution;

(6) the term ''exceeds authorized access'' means to access a

computer with authorization and to use such access to obtain or

alter information in the computer that the accesser is not

entitled so to obtain or alter;

(7) the term ''department of the United States'' means the

legislative or judicial branch of the Government or one of the

executive departments enumerated in section 101 of title 5;

(8) the term ''damage'' means any impairment to the integrity

or availability of data, a program, a system, or information;

(9) the term ''government entity'' includes the Government of

the United States, any State or political subdivision of the

United States, any foreign country, and any state, province,

municipality, or other political subdivision of a foreign

country;

(10) the term ''conviction'' shall include a conviction under

the law of any State for a crime punishable by imprisonment for

more than 1 year, an element of which is unauthorized access, or

exceeding authorized access, to a computer;

(11) the term ''loss'' means any reasonable cost to any victim,

including the cost of responding to an offense, conducting a

damage assessment, and restoring the data, program, system, or

information to its condition prior to the offense, and any

revenue lost, cost incurred, or other consequential damages

incurred because of interruption of service; and

(12) the term ''person'' means any individual, firm,

corporation, educational institution, financial institution,

governmental entity, or legal or other entity.

(f) This section does not prohibit any lawfully authorized

investigative, protective, or intelligence activity of a law

enforcement agency of the United States, a State, or a political

subdivision of a State, or of an intelligence agency of the United

States.

(g) Any person who suffers damage or loss by reason of a

violation of this section may maintain a civil action against the

violator to obtain compensatory damages and injunctive relief or

other equitable relief. A civil action for a violation of this

section may be brought only if the conduct involves 1 of the

factors set forth in clause (i), (ii), (iii), (iv), or (v) of

subsection (a)(5)(B). Damages for a violation involving only

conduct described in subsection (a)(5)(B)(i) are limited to

economic damages. No action may be brought under this subsection

unless such action is begun within 2 years of the date of the act

complained of or the date of the discovery of the damage. No

action may be brought under this subsection for the negligent

design or manufacture of computer hardware, computer software, or

firmware.

(h) The Attorney General and the Secretary of the Treasury shall

report to the Congress annually, during the first 3 years following

the date of the enactment of this subsection, concerning

investigations and prosecutions under subsection (a)(5).

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 2102(a), Oct. 12, 1984, 98

Stat. 2190; amended Pub. L. 99-474, Sec. 2, Oct. 16, 1986, 100

Stat. 1213; Pub. L. 100-690, title VII, Sec. 7065, Nov. 18, 1988,

102 Stat. 4404; Pub. L. 101-73, title IX, Sec. 962(a)(5), Aug. 9,

1989, 103 Stat. 502; Pub. L. 101-647, title XII, Sec. 1205(e),

title XXV, Sec. 2597(j), title XXXV, Sec. 3533, Nov. 29, 1990, 104

Stat. 4831, 4910, 4925; Pub. L. 103-322, title XXIX, Sec.

290001(b)-(f), Sept. 13, 1994, 108 Stat. 2097-2099; Pub. L.

104-294, title II, Sec. 201, title VI, Sec. 604(b)(36), Oct. 11,

1996, 110 Stat. 3491, 3508; Pub. L. 107-56, title V, Sec. 506(a),

title VIII, Sec. 814(a)-(e), Oct. 26, 2001, 115 Stat. 366, 382-384;

Pub. L. 107-273, div. B, title IV, Sec. 4002(b)(1), (12),

4005(a)(3), (d)(3), Nov. 2, 2002, 116 Stat. 1807, 1808, 1812, 1813;

Pub. L. 107-296, title II, Sec. 225(g), Nov. 25, 2002, 116 Stat.

2158.)

-REFTEXT-

REFERENCES IN TEXT

Section 11 of the Atomic Energy Act of 1954, referred to in

subsec. (a)(1), is classified to section 2014 of Title 42, The

Public Health and Welfare.

The Fair Credit Reporting Act, referred to in subsec. (a)(2)(A),

is title VI of Pub. L. 90-321, as added by Pub. L. 91-508, title

VI, Sec. 601, Oct. 26, 1970, 84 Stat. 1127, as amended, which is

classified generally to subchapter III (Sec. 1681 et seq.) of

chapter 41 of Title 15, Commerce and Trade. For complete

classification of this Act to the Code, see Short Title note set

out under section 1601 of Title 15 and Tables.

The Farm Credit Act of 1971, referred to in subsec. (e)(4)(E), is

Pub. L. 92-181, Dec. 10, 1971, 85 Stat. 583, as amended, which is

classified generally to chapter 23 (Sec. 2001 et seq.) of Title 12,

Banks and Banking. For complete classification of this Act to the

Code, see Short Title note set out under section 2001 of Title 12

and Tables.

Section 15 of the Securities Exchange Act of 1934, referred to in

subsec. (e)(4)(F), is classified to section 78o of Title 15,

Commerce and Trade.

Section 1(b) of the International Banking Act of 1978, referred

to in subsec. (e)(4)(H), is classified to section 3101 of Title 12,

Banks and Banking.

Section 25 of the Federal Reserve Act, referred to in subsec.

(e)(4)(I), is classified to subchapter I (Sec. 601 et seq.) of

chapter 6 of Title 12. Section 25(a) of the Federal Reserve Act,

which is classified to subchapter II (Sec. 611 et seq.) of chapter

6 of Title 12, was renumbered section 25A of that act by Pub. L.

102-242, title I, Sec. 142(e)(2), Dec. 19, 1991, 105 Stat. 2281.

The date of the enactment of this subsection, referred to in

subsec. (h), is the date of enactment of Pub. L. 103-322, which was

approved Sept. 13, 1994.

-MISC2-

AMENDMENTS

2002 - Subsec. (a)(5)(B). Pub. L. 107-273, Sec. 4005(a)(3),

realigned margins.

Subsec. (c)(2)(B). Pub. L. 107-273, Sec. 4002(b)(1), realigned

margins.

Subsec. (c)(2)(B)(iii). Pub. L. 107-273, Sec. 4002(b)(12)(A),

inserted ''and'' at end.

Subsec. (c)(3)(B). Pub. L. 107-273, Sec. 4005(d)(3), inserted

comma after ''(a)(4)''.

Subsec. (c)(4)(A), (C). Pub. L. 107-296, Sec. 225(g)(2), inserted

''except as provided in paragraph (5),'' before ''a fine under this

title''.

Subsec. (c)(5). Pub. L. 107-296, Sec. 225(g)(1), (3), (4), added

par. (5).

Subsec. (e)(4)(I). Pub. L. 107-273, Sec. 4002(b)(12)(B),

substituted semicolon for period at end.

2001 - Subsec. (a)(5)(A). Pub. L. 107-56, Sec. 814(a)(1)-(3),

designated existing provisions as cl. (i), redesignated subpars.

(B) and (C) as cls. (ii) and (iii), respectively, of subpar. (A),

and inserted ''and'' at end of cl. (iii).

Subsec. (a)(5)(B). Pub. L. 107-56, Sec. 814(a)(4), added subpar.

(B). Former subpar. (B) redesignated cl. (ii) of subpar. (A).

Subsec. (a)(5)(C). Pub. L. 107-56, Sec. 814(a)(2), redesignated

subpar. (C) as cl. (iii) of subpar. (A).

Subsec. (a)(7). Pub. L. 107-56, Sec. 814(b), struck out '', firm,

association, educational institution, financial institution,

government entity, or other legal entity,'' before ''any money or

other thing of value''.

Subsec. (c)(2)(A). Pub. L. 107-56, Sec. 814(c)(1)(A), inserted

''except as provided in subparagraph (B),'' before ''a fine'',

substituted ''(a)(5)(A)(iii)'' for ''(a)(5)(C)'', and struck out

''and'' at end.

Subsec. (c)(2)(B). Pub. L. 107-56, Sec. 814(c)(1)(B), inserted

''or an attempt to commit an offense punishable under this

subparagraph,'' after ''subsection (a)(2),'' in introductory

provisions.

Subsec. (c)(2)(C). Pub. L. 107-56, Sec. 814(c)(1)(C), struck out

''and'' at end.

Subsec. (c)(3). Pub. L. 107-56, Sec. 814(c)(2), struck out '',

(a)(5)(A), (a)(5)(B),'' after ''subsection (a)(4)'' in subpars. (A)

and (B) and substituted ''(a)(5)(A)(iii)'' for ''(a)(5)(C)'' in

subpar. (B).

Subsec. (c)(4). Pub. L. 107-56, Sec. 814(c)(3), added par. (4).

Subsec. (d). Pub. L. 107-56, Sec. 506(a), amended subsec. (d)

generally. Prior to amendment, subsec. (d) read as follows: ''The

United States Secret Service shall, in addition to any other agency

having such authority, have the authority to investigate offenses

under subsections (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and

(a)(6) of this section. Such authority of the United States Secret

Service shall be exercised in accordance with an agreement which

shall be entered into by the Secretary of the Treasury and the

Attorney General.''

Subsec. (e)(2)(B). Pub. L. 107-56, Sec. 814(d)(1), inserted '',

including a computer located outside the United States that is used

in a manner that affects interstate or foreign commerce or

communication of the United States'' before semicolon.

Subsec. (e)(7). Pub. L. 107-56, Sec. 814(d)(2), struck out

''and'' at end.

Subsec. (e)(8). Pub. L. 107-56, Sec. 814(d)(3), added par. (8)

and struck out former par. (8) which read as follows: ''the term

'damage' means any impairment to the integrity or availability of

data, a program, a system, or information, that -

''(A) causes loss aggregating at least $5,000 in value during

any 1-year period to one or more individuals;

''(B) modifies or impairs, or potentially modifies or impairs,

the medical examination, diagnosis, treatment, or care of one or

more individuals;

''(C) causes physical injury to any person; or

''(D) threatens public health or safety; and''.

Subsec. (e)(10) to (12). Pub. L. 107-56, Sec. 814(d)(4), (5),

added pars. (10) to (12).

Subsec. (g). Pub. L. 107-56, Sec. 814(e), substituted ''A civil

action for a violation of this section may be brought only if the

conduct involves 1 of the factors set forth in clause (i), (ii),

(iii), (iv), or (v) of subsection (a)(5)(B). Damages for a

violation involving only conduct described in subsection

(a)(5)(B)(i) are limited to economic damages.'' for ''Damages for

violations involving damage as defined in subsection (e)(8)(A) are

limited to economic damages.'' and inserted at end ''No action may

be brought under this subsection for the negligent design or

manufacture of computer hardware, computer software, or firmware.''

1996 - Subsec. (a)(1). Pub. L. 104-294, Sec. 201(1)(A),

substituted ''having knowingly accessed'' for ''knowingly

accesses'', ''exceeding authorized access'' for ''exceeds

authorized access'', ''such conduct having obtained information''

for ''such conduct obtains information'', and ''could be used to

the injury of the United States'' for ''is to be used to the injury

of the United States'', struck out ''the intent or'' before

''reason to believe'', and inserted before semicolon at end

''willfully communicates, delivers, transmits, or causes to be

communicated, delivered, or transmitted, or attempts to

communicate, deliver, transmit or cause to be communicated,

delivered, or transmitted the same to any person not entitled to

receive it, or willfully retains the same and fails to deliver it

to the officer or employee of the United States entitled to receive

it''.

Subsec. (a)(2). Pub. L. 104-294, Sec. 201(1)(B), inserted dash

after ''thereby obtains'', redesignated remainder of par. (2) as

subpar. (A), and added subpars. (B) and (C).

Subsec. (a)(3). Pub. L. 104-294, Sec. 201(1)(C), inserted

''nonpublic'' before ''computer of a department or agency'', struck

out ''adversely'' after ''and such conduct'', and substituted

''that use by or for the Government of the United States'' for

''the use of the Government's operation of such computer''.

Subsec. (a)(4). Pub. L. 104-294, Sec. 201(1)(D), substituted

''protected computer'' for ''Federal interest computer'' and

inserted ''and the value of such use is not more than $5,000 in any

1-year period'' before semicolon at end.

Subsec. (a)(5). Pub. L. 104-294, Sec. 201(1)(E), inserted par.

(5) and struck out former par. (5) which related to fraud in

connection with computers in causing transmission of program,

information, code, or command to a computer or computer system in

interstate or foreign commerce which damages such system, program,

information, or code, or causes a withholding or denial of use of

hardware or software, or transmits viruses which causes damage in

excess of $1,000 or more during any one-year period, or modifies or

impairs medical examination, diagnosis, treatment or care of

individuals.

Subsec. (a)(5)(B)(ii)(II)(bb). Pub. L. 104-294, Sec.

604(b)(36)(A), which directed insertion of ''or'' at end of

subsec., could not be executed because no subsec.

(a)(5)(B)(ii)(II)(bb) existed subsequent to amendment by Pub. L.

104-294, Sec. 201(1)(E). See above.

Subsec. (a)(7). Pub. L. 104-294, Sec. 201(1)(F), added par. (7).

Subsec. (c)(1). Pub. L. 104-294, Sec. 201(2)(A), substituted

''under this section'' for ''under such subsection'' in subpars.

(A) and (B).

Subsec. (c)(1)(B). Pub. L. 104-294, Sec. 604(b)(36)(B), struck

out ''and'' after semicolon at end.

Subsec. (c)(2)(A). Pub. L. 104-294, Sec. 201(2)(B)(i), inserted

'', (a)(5)(C),'' after ''(a)(3)'' and substituted ''under this

section'' for ''under such subsection''.

Subsec. (c)(2)(B). Pub. L. 104-294, Sec. 201(2)(B)(iii), added

subpar. (B). Former subpar. (B) redesignated (C).

Subsec. (c)(2)(C). Pub. L. 104-294, Sec. 201(2)(B)(iv),

substituted ''under this section'' for ''under such subsection''

and inserted ''and'' at end.

Pub. L. 104-294, Sec. 201(2)(B)(ii), redesignated subpar. (B) as

(C).

Subsec. (c)(3)(A). Pub. L. 104-294, Sec. 201(2)(C)(i),

substituted ''(a)(4), (a)(5)(A), (a)(5)(B), or (a)(7)'' for

''(a)(4) or (a)(5)(A)'' and ''under this section'' for ''under such

subsection''.

Subsec. (c)(3)(B). Pub. L. 104-294, Sec. 201(2)(C)(ii),

substituted ''(a)(4), (a)(5)(A), (a)(5)(B), (a)(5)(C), or (a)(7)''

for ''(a)(4) or (a)(5)'' and ''under this section'' for ''under

such subsection''.

Subsec. (c)(4). Pub. L. 104-294, Sec. 201(2)(D), struck out par.

(4) which read as follows: ''a fine under this title or

imprisonment for not more than 1 year, or both, in the case of an

offense under subsection (a)(5)(B).''

Subsec. (d). Pub. L. 104-294, Sec. 201(3), inserted ''subsections

(a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6) of''

before ''this section'' in first sentence.

Subsec. (e)(2). Pub. L. 104-294, Sec. 201(4)(A)(i), substituted

''protected'' for ''Federal interest'' in introductory provisions.

Subsec. (e)(2)(A). Pub. L. 104-294, Sec. 201(4)(A)(ii),

substituted ''that use by or for the financial institution or the

Government'' for ''the use of the financial institution's operation

or the Government's operation of such computer''.

Subsec. (e)(2)(B). Pub. L. 104-294, Sec. 201(4)(A)(iii), added

subpar. (B) and struck out former subpar. (B) which read as

follows: ''which is one of two or more computers used in committing

the offense, not all of which are located in the same State;''.

Subsec. (e)(8), (9). Pub. L. 104-294, Sec. 201(4)(B)-(D), added

pars. (8) and (9).

Subsec. (g). Pub. L. 104-294, Sec. 604(b)(36)(C), substituted

''violation of this section'' for ''violation of the section''.

Pub. L. 104-294, Sec. 201(5), struck out '', other than a

violation of subsection (a)(5)(B),'' before ''may maintain a civil

action'' and substituted ''involving damage as defined in

subsection (e)(8)(A)'' for ''of any subsection other than

subsection (a)(5)(A)(ii)(II)(bb) or (a)(5)(B)(ii)(II)(bb)''.

Subsec. (h). Pub. L. 104-294, Sec. 604(b)(36)(D), substituted

''subsection (a)(5)'' for ''section 1030(a)(5) of title 18, United

States Code'' before period at end.

1994 - Subsec. (a)(3). Pub. L. 103-322, Sec. 290001(f), inserted

''adversely'' before ''affects the use of the Government's''.

Subsec. (a)(5). Pub. L. 103-322, Sec. 290001(b), amended par. (5)

generally. Prior to amendment, par. (5) read as follows:

''intentionally accesses a Federal interest computer without

authorization, and by means of one or more instances of such

conduct alters, damages, or destroys information in any such

Federal interest computer, or prevents authorized use of any such

computer or information, and thereby -

''(A) causes loss to one or more others of a value aggregating

$1,000 or more during any one year period; or

''(B) modifies or impairs, or potentially modifies or impairs,

the medical examination, medical diagnosis, medical treatment, or

medical care of one or more individuals; or''.

Subsec. (c)(3)(A). Pub. L. 103-322, Sec. 290001(c)(2), inserted

''(A)'' after ''(a)(5)''.

Subsec. (c)(4). Pub. L. 103-322, Sec. 290001(c)(1), (3), (4),

added par. (4).

Subsec. (g). Pub. L. 103-322, Sec. 290001(d), added subsec. (g).

Subsec. (h). Pub. L. 103-322, Sec. 290001(e), added subsec. (h).

1990 - Subsec. (a)(1). Pub. L. 101-647, Sec. 3533, substituted

''paragraph y'' for ''paragraph r''.

Subsec. (e)(3). Pub. L. 101-647, Sec. 1205(e), inserted

''commonwealth,'' before ''possession or territory of the United

States''.

Subsec. (e)(4)(G). Pub. L. 101-647, Sec. 2597(j)(2), which

directed substitution of a semicolon for a period at end of subpar.

(G), could not be executed because it ended with a semicolon.

Subsec. (e)(4)(H), (I). Pub. L. 101-647, Sec. 2597(j), added

subpars. (H) and (I).

1989 - Subsec. (e)(4)(A). Pub. L. 101-73, Sec. 962(a)(5)(A),

substituted ''an institution,'' for ''a bank''.

Subsec. (e)(4)(C) to (H). Pub. L. 101-73, Sec. 962(a)(5)(B), (C),

redesignated subpars. (D) to (H) as (C) to (G), respectively, and

struck out former subpar. (C) which read as follows: ''an

institution with accounts insured by the Federal Savings and Loan

Insurance Corporation;''.

1988 - Subsec. (a)(2). Pub. L. 100-690 inserted a comma after

''financial institution'' and struck out the comma that followed a

comma after ''title 15''.

1986 - Subsec. (a). Pub. L. 99-474, Sec. 2(b)(2), struck out last

sentence which read as follows: ''It is not an offense under

paragraph (2) or (3) of this subsection in the case of a person

having accessed a computer with authorization and using the

opportunity such access provides for purposes to which such access

does not extend, if the using of such opportunity consists only of

the use of the computer.''

Subsec. (a)(1). Pub. L. 99-474, Sec. 2(c), substituted ''or

exceeds authorized access'' for '', or having accessed a computer

with authorization, uses the opportunity such access provides for

purposes to which such authorization does not extend''.

Subsec. (a)(2). Pub. L. 99-474, Sec. 2(a), (c), substituted

''intentionally'' for ''knowingly'', substituted ''or exceeds

authorized access'' for '', or having accessed a computer with

authorization, uses the opportunity such access provides for

purposes to which such authorization does not extend'', struck out

''as such terms are defined in the Right to Financial Privacy Act

of 1978 (12 U.S.C. 3401 et seq.),'' after ''financial

institution,'', inserted ''or of a card issuer as defined in

section 1602(n) of title 15,'' and struck out ''or'' appearing at

end.

Subsec. (a)(3). Pub. L. 99-474, Sec. 2(b)(1), amended par. (3)

generally. Prior to amendment, par. (3) read as follows:

''knowingly accesses a computer without authorization, or having

accessed a computer with authorization, uses the opportunity such

access provides for purposes to which such authorization does not

extend, and by means of such conduct knowingly uses, modifies,

destroys, or discloses information in, or prevents authorized use

of, such computer, if such computer is operated for or on behalf of

the Government of the United States and such conduct affects such

operation;''.

Subsec. (a)(4) to (6). Pub. L. 99-474, Sec. 2(d), added pars. (4)

to (6).

Subsec. (b). Pub. L. 99-474, Sec. 2(e), struck out par. (1)

designation and par. (2) which provided a penalty for persons

conspiring to commit an offense under subsec. (a).

Subsec. (c). Pub. L. 99-474, Sec. 2(f)(9), substituted ''(b)''

for ''(b)(1)'' in introductory text.

Subsec. (c)(1)(A). Pub. L. 99-474, Sec. 2(f)(1), substituted

''under this title'' for ''of not more than the greater of $10,000

or twice the value obtained by the offense''.

Subsec. (c)(1)(B). Pub. L. 99-474, Sec. 2(f)(2), substituted

''under this title'' for ''of not more than the greater of $100,000

or twice the value obtained by the offense''.

Subsec. (c)(2)(A). Pub. L. 99-474, Sec. 2(f)(3), (4), substituted

''under this title'' for ''of not more than the greater of $5,000

or twice the value obtained or loss created by the offense'' and

inserted reference to subsec. (a)(6).

Subsec. (c)(2)(B). Pub. L. 99-474, Sec. 2(f)(3), (5)-(7),

substituted ''under this title'' for ''of not more than the greater

of $10,000 or twice the value obtained or loss created by the

offense'', ''not more than'' for ''not than'', inserted reference

to subsec. (a)(6), and substituted ''; and'' for the period at end

of subpar. (B).

Subsec. (c)(3). Pub. L. 99-474, Sec. 2(f)(8), added par. (3).

Subsec. (e). Pub. L. 99-474, Sec. 2(g), substituted a dash for

the comma after ''As used in this section'', realigned remaining

portion of subsection, inserted ''(1)'' before ''the term'',

substituted a semicolon for the period at the end, and added pars.

(2) to (7).

Subsec. (f). Pub. L. 99-474, Sec. 2(h), added subsec. (f).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of the functions, personnel, assets, and obligations

of the United States Secret Service, including the functions of the

Secretary of the Treasury relating thereto, to the Secretary of

Homeland Security, and for treatment of related references, see

sections 381, 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC5-

REPORTS TO CONGRESS

Section 2103 of Pub. L. 98-473 directed Attorney General to

report to Congress annually, during first three years following

Oct. 12, 1984, concerning prosecutions under this section.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 981, 982, 1956, 2256,

2332b, 2510, 2516, 3125, 3239 of this title; title 6 section 145;

title 8 section 1721; title 17 section 1201; title 26 section 7431;

title 31 section 9703.

-CITE-

18 USC Sec. 1031 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1031. Major fraud against the United States

-STATUTE-

(a) Whoever knowingly executes, or attempts to execute, any

scheme or artifice with the intent -

(1) to defraud the United States; or

(2) to obtain money or property by means of false or fraudulent

pretenses, representations, or promises,

in any procurement of property or services as a prime contractor

with the United States or as a subcontractor or supplier on a

contract in which there is a prime contract with the United States,

if the value of the contract, subcontract, or any constituent part

thereof, for such property or services is $1,000,000 or more shall,

subject to the applicability of subsection (c) of this section, be

fined not more than $1,000,000, or imprisoned not more than 10

years, or both.

(b) The fine imposed for an offense under this section may exceed

the maximum otherwise provided by law, if such fine does not exceed

$5,000,000 and -

(1) the gross loss to the Government or the gross gain to a

defendant is $500,000 or greater; or

(2) the offense involves a conscious or reckless risk of

serious personal injury.

(c) The maximum fine imposed upon a defendant for a prosecution

including a prosecution with multiple counts under this section

shall not exceed $10,000,000.

(d) Nothing in this section shall preclude a court from imposing

any other sentences available under this title, including without

limitation a fine up to twice the amount of the gross loss or gross

gain involved in the offense pursuant to 18 U.S.C. section 3571(d).

(e) In determining the amount of the fine, the court shall

consider the factors set forth in 18 U.S.C. sections 3553 and 3572,

and the factors set forth in the guidelines and policy statements

of the United States Sentencing Commission, including -

(1) the need to reflect the seriousness of the offense,

including the harm or loss to the victim and the gain to the

defendant;

(2) whether the defendant previously has been fined for a

similar offense; and

(3) any other pertinent equitable considerations.

(f) A prosecution of an offense under this section may be

commenced any time not later than 7 years after the offense is

committed, plus any additional time otherwise allowed by law.

(g)(1) In special circumstances and in his or her sole

discretion, the Attorney General is authorized to make payments

from funds appropriated to the Department of Justice to persons who

furnish information relating to a possible prosecution under this

section. The amount of such payment shall not exceed $250,000.

Upon application by the Attorney General, the court may order that

the Department shall be reimbursed for a payment from a criminal

fine imposed under this section.

(2) An individual is not eligible for such a payment if -

(A) that individual is an officer or employee of a Government

agency who furnishes information or renders service in the

performance of official duties;

(B) that individual failed to furnish the information to the

individual's employer prior to furnishing it to law enforcement

authorities, unless the court determines the individual has

justifiable reasons for that failure;

(C) the furnished information is based upon public disclosure

of allegations or transactions in a criminal, civil, or

administrative hearing, in a congressional, administrative, or

GAO report, hearing, audit or investigation, or from the news

media unless the person is the original source of the

information. For the purposes of this subsection, ''original

source'' means an individual who has direct and independent

knowledge of the information on which the allegations are based

and has voluntarily provided the information to the Government;

or

(D) that individual participated in the violation of this

section with respect to which such payment would be made.

(3) The failure of the Attorney General to authorize a payment

shall not be subject to judicial review.

(h) Any individual who -

(1) is discharged, demoted, suspended, threatened, harassed, or

in any other manner discriminated against in the terms and

conditions of employment by an employer because of lawful acts

done by the employee on behalf of the employee or others in

furtherance of a prosecution under this section (including

investigation for, initiation of, testimony for, or assistance in

such prosecution), and

(2) was not a participant in the unlawful activity that is the

subject of said prosecution, may, in a civil action, obtain all

relief necessary to make such individual whole. Such relief

shall include reinstatement with the same seniority status such

individual would have had but for the discrimination, 2 times the

amount of back pay, interest on the back pay, and compensation

for any special damages sustained as a result of the

discrimination, including litigation costs and reasonable

attorney's fees.

-SOURCE-

(Added Pub. L. 100-700, Sec. 2(a), Nov. 19, 1988, 102 Stat. 4631;

amended Pub. L. 101-123, Sec. 2(a), Oct. 23, 1989, 103 Stat. 759;

Pub. L. 103-322, title XXXIII, Sec. 330002(a), (f), Sept. 13, 1994,

108 Stat. 2140.)

-MISC1-

AMENDMENTS

1994 - Subsec. (g). Pub. L. 103-322, Sec. 330002(f), redesignated

second subsec. (g) as (h).

Subsec. (g)(2)(A). Pub. L. 103-322, Sec. 330002(a), substituted

''a Government'' for ''a government''.

Subsec. (h). Pub. L. 103-322, Sec. 330002(f), redesignated second

subsec. (g) as (h).

1989 - Subsec. (g). Pub. L. 101-123 added, after subsec. (f),

subsec. (g) relating to payments by the Attorney General.

EFFECTIVE DATE OF 1989 AMENDMENT

Section 2(b) of Pub. L. 101-123 provided that: ''The amendment

made by this section (amending this section) shall apply to

contracts entered into on or after the date of the enactment of

this Act (Oct. 23, 1989).''

SENTENCING GUIDELINES

Section 2(b) of Pub. L. 100-700 provided that: ''Pursuant to its

authority under section 994(p) of title 28, United States Code and

section 21 of the Sentencing Act of 1987 (section 21 of Pub. L.

100-182, set out as a note under section 994 of Title 28, Judiciary

and Judicial Procedure), the United States Sentencing Commission

shall promulgate guidelines, or shall amend existing guidelines, to

provide for appropriate penalty enhancements, where conscious or

reckless risk of serious personal injury resulting from the fraud

has occurred. The Commission shall consider the appropriateness of

assigning to such a defendant an offense level under Chapter Two of

the sentencing guidelines that is at least two levels greater than

the level that would have been assigned had conscious or reckless

risk of serious personal injury not resulted from the fraud.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 981, 982 of this title.

-CITE-

18 USC Sec. 1032 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1032. Concealment of assets from conservator, receiver, or

liquidating agent of financial institution

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 101-647, title XXV, Sec. 2501(a), Nov. 29, 1990, 104

Stat. 4859; amended Pub. L. 107-273, div. B, title IV, Sec.

4002(b)(13), Nov. 2, 2002, 116 Stat. 1808.)

-REFTEXT-

REFERENCES IN TEXT

Sections 11, 12, and 13 of the Federal Deposit Insurance Act,

referred to in par. (1), are classified to sections 1821, 1822, and

1823, respectively, of Title 12, Banks and Banking.

-MISC2-

AMENDMENTS

2002 - Par. (1). Pub. L. 107-273 substituted ''13'' for ''13,''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 225, 981, 982, 1956 of

this title; title 12 sections 1785, 1786, 1787, 1821, 1828, 1829,

1833a.

-CITE-

18 USC Sec. 1033 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1033. Crimes by or affecting persons engaged in the business

of insurance whose activities affect interstate commerce

-STATUTE-

(a)(1) Whoever is engaged in the business of insurance whose

activities affect interstate commerce and knowingly, with the

intent to deceive, makes any false material statement or report or

willfully and materially overvalues any land, property or security

-

(A) in connection with any financial reports or documents

presented to any insurance regulatory official or agency or an

agent or examiner appointed by such official or agency to examine

the affairs of such person, and

(B) for the purpose of influencing the actions of such official

or agency or such an appointed agent or examiner,

shall be punished as provided in paragraph (2).

(2) The punishment for an offense under paragraph (1) is a fine

as established under this title or imprisonment for not more than

10 years, or both, except that the term of imprisonment shall be

not more than 15 years if the statement or report or overvaluing of

land, property, or security jeopardized the safety and soundness of

an insurer and was a significant cause of such insurer being placed

in conservation, rehabilitation, or liquidation by an appropriate

court.

(b)(1) Whoever -

(A) acting as, or being an officer, director, agent, or

employee of, any person engaged in the business of insurance

whose activities affect interstate commerce, or

(B) is engaged in the business of insurance whose activities

affect interstate commerce or is involved (other than as an

insured or beneficiary under a policy of insurance) in a

transaction relating to the conduct of affairs of such a

business,

willfully embezzles, abstracts, purloins, or misappropriates any of

the moneys, funds, premiums, credits, or other property of such

person so engaged shall be punished as provided in paragraph (2).

(2) The punishment for an offense under paragraph (1) is a fine

as provided under this title or imprisonment for not more than 10

years, or both, except that if such embezzlement, abstraction,

purloining, or misappropriation described in paragraph (1)

jeopardized the safety and soundness of an insurer and was a

significant cause of such insurer being placed in conservation,

rehabilitation, or liquidation by an appropriate court, such

imprisonment shall be not more than 15 years. If the amount or

value so embezzled, abstracted, purloined, or misappropriated does

not exceed $5,000, whoever violates paragraph (1) shall be fined as

provided in this title or imprisoned not more than one year, or

both.

(c)(1) Whoever is engaged in the business of insurance and whose

activities affect interstate commerce or is involved (other than as

an insured or beneficiary under a policy of insurance) in a

transaction relating to the conduct of affairs of such a business,

knowingly makes any false entry of material fact in any book,

report, or statement of such person engaged in the business of

insurance with intent to deceive any person, including any officer,

employee, or agent of such person engaged in the business of

insurance, any insurance regulatory official or agency, or any

agent or examiner appointed by such official or agency to examine

the affairs of such person, about the financial condition or

solvency of such business shall be punished as provided in

paragraph (2).

(2) The punishment for an offense under paragraph (1) is a fine

as provided under this title or imprisonment for not more than 10

years, or both, except that if the false entry in any book, report,

or statement of such person jeopardized the safety and soundness of

an insurer and was a significant cause of such insurer being placed

in conservation, rehabilitation, or liquidation by an appropriate

court, such imprisonment shall be not more than 15 years.

(d) Whoever, by threats or force or by any threatening letter or

communication, corruptly influences, obstructs, or impedes or

endeavors corruptly to influence, obstruct, or impede the due and

proper administration of the law under which any proceeding

involving the business of insurance whose activities affect

interstate commerce is pending before any insurance regulatory

official or agency or any agent or examiner appointed by such

official or agency to examine the affairs of a person engaged in

the business of insurance whose activities affect interstate

commerce, shall be fined as provided in this title or imprisoned

not more than 10 years, or both.

(e)(1)(A) Any individual who has been convicted of any criminal

felony involving dishonesty or a breach of trust, or who has been

convicted of an offense under this section, and who willfully

engages in the business of insurance whose activities affect

interstate commerce or participates in such business, shall be

fined as provided in this title or imprisoned not more than 5

years, or both.

(B) Any individual who is engaged in the business of insurance

whose activities affect interstate commerce and who willfully

permits the participation described in subparagraph (A) shall be

fined as provided in this title or imprisoned not more than 5

years, or both.

(2) A person described in paragraph (1)(A) may engage in the

business of insurance or participate in such business if such

person has the written consent of any insurance regulatory official

authorized to regulate the insurer, which consent specifically

refers to this subsection.

(f) As used in this section -

(1) the term ''business of insurance'' means -

(A) the writing of insurance, or

(B) the reinsuring of risks,

by an insurer, including all acts necessary or incidental to such

writing or reinsuring and the activities of persons who act as,

or are, officers, directors, agents, or employees of insurers or

who are other persons authorized to act on behalf of such

persons;

(2) the term ''insurer'' means any entity the business activity

of which is the writing of insurance or the reinsuring of risks,

and includes any person who acts as, or is, an officer, director,

agent, or employee of that business;

(3) the term ''interstate commerce'' means -

(A) commerce within the District of Columbia, or any

territory or possession of the United States;

(B) all commerce between any point in the State, territory,

possession, or the District of Columbia and any point outside

thereof;

(C) all commerce between points within the same State through

any place outside such State; or

(D) all other commerce over which the United States has

jurisdiction; and

(4) the term ''State'' includes any State, the District of

Columbia, the Commonwealth of Puerto Rico, the Northern Mariana

Islands, the Virgin Islands, American Samoa, and the Trust

Territory of the Pacific Islands.

-SOURCE-

(Added Pub. L. 103-322, title XXXII, Sec. 320603(a), Sept. 13,

1994, 108 Stat. 2115.)

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1034, 1510, 3293 of this

title.

-CITE-

18 USC Sec. 1034 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1034. Civil penalties and injunctions for violations of

section 1033

-STATUTE-

(a) The Attorney General may bring a civil action in the

appropriate United States district court against any person who

engages in conduct constituting an offense under section 1033 and,

upon proof of such conduct by a preponderance of the evidence, such

person shall be subject to a civil penalty of not more than $50,000

for each violation or the amount of compensation which the person

received or offered for the prohibited conduct, whichever amount is

greater. If the offense has contributed to the decision of a court

of appropriate jurisdiction to issue an order directing the

conservation, rehabilitation, or liquidation of an insurer, such

penalty shall be remitted to the appropriate regulatory official

for the benefit of the policyholders, claimants, and creditors of

such insurer. The imposition of a civil penalty under this

subsection does not preclude any other criminal or civil statutory,

common law, or administrative remedy, which is available by law to

the United States or any other person.

(b) If the Attorney General has reason to believe that a person

is engaged in conduct constituting an offense under section 1033,

the Attorney General may petition an appropriate United States

district court for an order prohibiting that person from engaging

in such conduct. The court may issue an order prohibiting that

person from engaging in such conduct if the court finds that the

conduct constitutes such an offense. The filing of a petition

under this section does not preclude any other remedy which is

available by law to the United States or any other person.

-SOURCE-

(Added Pub. L. 103-322, title XXXII, Sec. 320603(a), Sept. 13,

1994, 108 Stat. 2118.)

-CITE-

18 USC Sec. 1035 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1035. False statements relating to health care matters

-STATUTE-

(a) Whoever, in any matter involving a health care benefit

program, knowingly and willfully -

(1) falsifies, conceals, or covers up by any trick, scheme, or

device a material fact; or

(2) makes any materially false, fictitious, or fraudulent

statements or representations, or makes or uses any materially

false writing or document knowing the same to contain any

materially false, fictitious, or fraudulent statement or entry,

in connection with the delivery of or payment for health care

benefits, items, or services, shall be fined under this title or

imprisoned not more than 5 years, or both.

(b) As used in this section, the term ''health care benefit

program'' has the meaning given such term in section 24(b) of this

title.

-SOURCE-

(Added Pub. L. 104-191, title II, Sec. 244(a), Aug. 21, 1996, 110

Stat. 2017.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 24 of this title.

-CITE-

18 USC Sec. 1036 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 47 - FRAUD AND FALSE STATEMENTS

-HEAD-

Sec. 1036. Entry by false pretenses to any real property, vessel,

or aircraft of the United States or secure area of any airport

-STATUTE-

(a) Whoever, by any fraud or false pretense, enters or attempts

to enter -

(1) any real property belonging in whole or in part to, or

leased by, the United States;

(2) any vessel or aircraft belonging in whole or in part to, or

leased by, the United States; or

(3) any secure area of any airport,

shall be punished as provided in subsection (b) of this section.

(b) The punishment for an offense under subsection (a) of this

section is -

(1) a fine under this title or imprisonment for not more than 5

years, or both, if the offense is committed with the intent to

commit a felony; or

(2) a fine under this title or imprisonment for not more than 6

months, or both, in any other case.

(c) As used in this section -

(1) the term ''secure area'' means an area access to which is

restricted by the airport authority or a public agency; and

(2) the term ''airport'' has the meaning given such term in

section 47102 of title 49.

-SOURCE-

(Added Pub. L. 106-547, Sec. 2(a), Dec. 19, 2000, 114 Stat. 2738.)

-CITE-