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18 USC CHAPTER 42 - EXTORTIONATE CREDIT TRANSACTIONS 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 42 - EXTORTIONATE CREDIT TRANSACTIONS

.

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CHAPTER 42 - EXTORTIONATE CREDIT TRANSACTIONS

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Sec.

891. Definitions and rules of construction.

892. Making extortionate extensions of credit.

893. Financing extortionate extensions of credit.

894. Collection of extensions of credit by extortionate means.

(895. Repealed.)

896. Effect on State laws.

AMENDMENTS

1970 - Pub. L. 91-452, title II, Sec. 223(b), Oct. 15, 1970, 84

Stat. 929, struck out item 895 ''Immunity of witnesses''.

1968 - Pub. L. 90-321, title II, Sec. 202(a), May 29, 1968, 82

Stat. 159, added chapter 42 and items 891 to 896.

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18 USC Sec. 891 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 42 - EXTORTIONATE CREDIT TRANSACTIONS

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Sec. 891. Definitions and rules of construction

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For the purposes of this chapter:

(1) To extend credit means to make or renew any loan, or to enter

into any agreement, tacit or express, whereby the repayment or

satisfaction of any debt or claim, whether acknowledged or

disputed, valid or invalid, and however arising, may or will be

deferred.

(2) The term ''creditor'', with reference to any given extension

of credit, refers to any person making that extension of credit, or

to any person claiming by, under, or through any person making that

extension of credit.

(3) The term ''debtor'', with reference to any given extension of

credit, refers to any person to whom that extension of credit is

made, or to any person who guarantees the repayment of that

extension of credit, or in any manner undertakes to indemnify the

creditor against loss resulting from the failure of any person to

whom that extension of credit is made to repay the same.

(4) The repayment of any extension of credit includes the

repayment, satisfaction, or discharge in whole or in part of any

debt or claim, acknowledged or disputed, valid or invalid,

resulting from or in connection with that extension of credit.

(5) To collect an extension of credit means to induce in any way

any person to make repayment thereof.

(6) An extortionate extension of credit is any extension of

credit with respect to which it is the understanding of the

creditor and the debtor at the time it is made that delay in making

repayment or failure to make repayment could result in the use of

violence or other criminal means to cause harm to the person,

reputation, or property of any person.

(7) An extortionate means is any means which involves the use, or

an express or implicit threat of use, of violence or other criminal

means to cause harm to the person, reputation, or property of any

person.

(8) The term ''State'' includes the District of Columbia, the

Commonwealth of Puerto Rico, and territories and possessions of the

United States.

(9) State law, including conflict of laws rules, governing the

enforceability through civil judicial processes of repayment of any

extension of credit or the performance of any promise given in

consideration thereof shall be judicially noticed. This paragraph

does not impair any authority which any court would otherwise have

to take judicial notice of any matter of State law.

-SOURCE-

(Added Pub. L. 90-321, title II, Sec. 202(a), May 29, 1968, 82

Stat. 160.)

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EFFECTIVE DATE

Chapter effective May 29, 1968, see section 504(a) of Pub. L.

90-321.

CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE

Section 201 of Pub. L. 90-321 provided that:

''(a) The Congress makes the following findings:

''(1) Organized crime is interstate and international in

character. Its activities involve many billions of dollars each

year. It is directly responsible for murders, willful injuries

to person and property, corruption of officials, and

terrorization of countless citizens. A substantial part of the

income of organized crime is generated by extortionate credit

transactions.

''(2) Extortionate credit transactions are characterized by the

use, or the express or implicit threat of the use, of violence or

other criminal means to cause harm to person, reputation, or

property as a means of enforcing repayment. Among the factors

which have rendered past efforts at prosecution almost wholly

ineffective has been the existence of exclusionary rules of

evidence stricter than necessary for the protection of

constitutional rights.

''(3) Extortionate credit transactions are carried on to a

substantial extent in interstate and foreign commerce and through

the means and instrumentalities of such commerce. Even where

extortionate credit transactions are purely intrastate in

character, they nevertheless directly affect interstate and

foreign commerce.

''(4) Extortionate credit transactions directly impair the

effectiveness and frustrate the purposes of the laws enacted by

the Congress on the subject of bankruptcies.

''(b) On the basis of the findings stated in subsection (a) of

this section, the Congress determines that the provisions of

chapter 42 of title 18 of the United States Code are necessary and

proper for the purpose of carrying into execution the powers of

Congress to regulate commerce and to establish uniform and

effective laws on the subject of bankruptcy.''

ANNUAL REPORT TO CONGRESS BY ATTORNEY GENERAL

Section 203 of Pub. L. 90-321 directed Attorney General to make

an annual report to Congress of activities of Department of Justice

in enforcement of this chapter, prior to repeal by Pub. L. 97-375,

title I, Sec. 109(b), Dec. 21, 1982, 96 Stat. 1820.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1961 of this title.

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18 USC Sec. 892 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 42 - EXTORTIONATE CREDIT TRANSACTIONS

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Sec. 892. Making extortionate extensions of credit

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(a) Whoever makes any extortionate extension of credit, or

conspires to do so, shall be fined under this title or imprisoned

not more than 20 years, or both.

(b) In any prosecution under this section, if it is shown that

all of the following factors were present in connection with the

extension of credit in question, there is prima facie evidence that

the extension of credit was extortionate, but this subsection is

nonexclusive and in no way limits the effect or applicability of

subsection (a):

(1) The repayment of the extension of credit, or the

performance of any promise given in consideration thereof, would

be unenforceable, through civil judicial processes against the

debtor

(A) in the jurisdiction within which the debtor, if a natural

person, resided or

(B) in every jurisdiction within which the debtor, if other

than a natural person, was incorporated or qualified to do

business

at the time the extension of credit was made.

(2) The extension of credit was made at a rate of interest in

excess of an annual rate of 45 per centum calculated according to

the actuarial method of allocating payments made on a debt

between principal and interest, pursuant to which a payment is

applied first to the accumulated interest and the balance is

applied to the unpaid principal.

(3) At the time the extension of credit was made, the debtor

reasonably believed that either

(A) one or more extensions of credit by the creditor had been

collected or attempted to be collected by extortionate means,

or the nonrepayment thereof had been punished by extortionate

means; or

(B) the creditor had a reputation for the use of extortionate

means to collect extensions of credit or to punish the

nonrepayment thereof.

(4) Upon the making of the extension of credit, the total of

the extensions of credit by the creditor to the debtor then

outstanding, including any unpaid interest or similar charges,

exceeded $100.

(c) In any prosecution under this section, if evidence has been

introduced tending to show the existence of any of the

circumstances described in subsection (b)(1) or (b)(2), and direct

evidence of the actual belief of the debtor as to the creditor's

collection practices is not available, then for the purpose of

showing the understanding of the debtor and the creditor at the

time the extension of credit was made, the court may in its

discretion allow evidence to be introduced tending to show the

reputation as to collection practices of the creditor in any

community of which the debtor was a member at the time of the

extension.

-SOURCE-

(Added Pub. L. 90-321, title II, Sec. 202(a), May 29, 1968, 82

Stat. 160; amended Pub. L. 103-322, title XXXIII, Sec.

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

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AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-322 substituted ''fined under

this title'' for ''fined not more than $10,000''.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 894, 1961, 2516 of this

title.

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18 USC Sec. 893 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 42 - EXTORTIONATE CREDIT TRANSACTIONS

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Sec. 893. Financing extortionate extensions of credit

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Whoever willfully advances money or property, whether as a gift,

as a loan, as an investment, pursuant to a partnership or

profit-sharing agreement, or otherwise, to any person, with

reasonable grounds to believe that it is the intention of that

person to use the money or property so advanced directly or

indirectly for the purpose of making extortionate extensions of

credit, shall be fined under this title or an amount not exceeding

twice the value of the money or property so advanced, whichever is

greater, or shall be imprisoned not more than 20 years, or both.

-SOURCE-

(Added Pub. L. 90-321, title II, Sec. 202(a), May 29, 1968, 82

Stat. 161; amended Pub. L. 103-322, title XXXIII, Sec.

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

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AMENDMENTS

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

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

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1961, 2516 of this title.

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18 USC Sec. 894 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 42 - EXTORTIONATE CREDIT TRANSACTIONS

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Sec. 894. Collection of extensions of credit by extortionate means

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(a) Whoever knowingly participates in any way, or conspires to do

so, in the use of any extortionate means

(1) to collect or attempt to collect any extension of credit,

or

(2) to punish any person for the nonrepayment thereof,

shall be fined under this title or imprisoned not more than 20

years, or both.

(b) In any prosecution under this section, for the purpose of

showing an implicit threat as a means of collection, evidence may

be introduced tending to show that one or more extensions of credit

by the creditor were, to the knowledge of the person against whom

the implicit threat was alleged to have been made, collected or

attempted to be collected by extortionate means or that the

nonrepayment thereof was punished by extortionate means.

(c) In any prosecution under this section, if evidence has been

introduced tending to show the existence, at the time the extension

of credit in question was made, of the circumstances described in

section 892(b)(1) or the circumstances described in section

892(b)(2), and direct evidence of the actual belief of the debtor

as to the creditor's collection practices is not available, then

for the purpose of showing that words or other means of

communication, shown to have been employed as a means of

collection, in fact carried an express or implicit threat, the

court may in its discretion allow evidence to be introduced tending

to show the reputation of the defendant in any community of which

the person against whom the alleged threat was made was a member at

the time of the collection or attempt at collection.

-SOURCE-

(Added Pub. L. 90-321, title II, Sec. 202(a), May 29, 1968, 82

Stat. 161; amended Pub. L. 103-322, title XXXIII, Sec.

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

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AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-322 substituted ''fined under

this title'' for ''fined not more than $10,000'' in concluding

provisions.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1961, 2516 of this title.

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18 USC Sec. 895 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 42 - EXTORTIONATE CREDIT TRANSACTIONS

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(Sec. 895. Repealed. Pub. L. 91-452, title II, Sec. 223(a), Oct.

15, 1970, 84 Stat. 929)

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Section, Pub. L. 90-321, title II, Sec. 202(a), May 29, 1968, 82

Stat. 162, related to immunity from prosecution of any witness

compelled to testify or produce evidence after claiming his

privilege against self-incrimination. See section 6001 et seq. of

this title.

EFFECTIVE DATE OF REPEAL

Repeal effective on sixtieth day following Oct. 15, 1970, and not

to affect any immunity to which any individual was entitled under

this section by reason of any testimony given before sixtieth day

following Oct. 15, 1970, see section 260 of Pub. L. 91-452, set out

as an Effective Date; Savings Provision note under section 6001 of

this title.

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18 USC Sec. 896 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 42 - EXTORTIONATE CREDIT TRANSACTIONS

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Sec. 896. Effect on State laws

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This chapter does not preempt any field of law with respect to

which State legislation would be permissible in the absence of this

chapter. No law of any State which would be valid in the absence

of this chapter may be held invalid or inapplicable by virtue of

the existence of this chapter, and no officer, agency, or

instrumentality of any State may be deprived by virtue of this

chapter of any jurisdiction over any offense over which it would

have jurisdiction in the absence of this chapter.

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(Added Pub. L. 90-321, title II, Sec. 202(a), May 29, 1968, 82

Stat. 162.)

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