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18 USC CHAPTER 63 - MAIL FRAUD 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 63 - MAIL FRAUD

.

-HEAD-

CHAPTER 63 - MAIL FRAUD

-MISC1-

Sec.

1341. Frauds and swindles.

1342. Fictitious name or address.

1343. Fraud by wire, radio, or television.

1344. Bank fraud.

1345. Injunctions against fraud.

1346. Definition of ''scheme or artifice to defraud''.

1347. Health care fraud.

1348. Securities fraud.

1349. Attempt and conspiracy.

1350. Failure of corporate officers to certify financial reports.

AMENDMENTS

2002 - Pub. L. 107-204, title VIII, Sec. 807(b), title IX, Sec.

902(b), 906(b), July 30, 2002, 116 Stat. 804-806, added items 1348

to 1350.

1996 - Pub. L. 104-191, title II, Sec. 242(a)(2), Aug. 21, 1996,

110 Stat. 2016, added item 1347.

1990 - Pub. L. 101-647, title XXXV, Sec. 3541, Nov. 29, 1990, 104

Stat. 4925, substituted ''or'' for ''and'' in item 1342.

1988 - Pub. L. 100-690, title VII, Sec. 7603(b), Nov. 18, 1988,

102 Stat. 4508, added item 1346.

1984 - Pub. L. 98-473, title II, Sec. 1108(b), 1205(b), Oct. 12,

1984, 98 Stat. 2147, 2153, added items 1344 and 1345.

1952 - Act July 16, 1952, ch. 879, Sec. 18(b), 66 Stat. 722,

added item 1343.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 29 section 1111.

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18 USC Sec. 1341 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 63 - MAIL FRAUD

-HEAD-

Sec. 1341. Frauds and swindles

-STATUTE-

Whoever, having devised or intending to devise any scheme or

artifice to defraud, or for obtaining money or property by means of

false or fraudulent pretenses, representations, or promises, or to

sell, dispose of, loan, exchange, alter, give away, distribute,

supply, or furnish or procure for unlawful use any counterfeit or

spurious coin, obligation, security, or other article, or anything

represented to be or intimated or held out to be such counterfeit

or spurious article, for the purpose of executing such scheme or

artifice or attempting so to do, places in any post office or

authorized depository for mail matter, any matter or thing whatever

to be sent or delivered by the Postal Service, or deposits or

causes to be deposited any matter or thing whatever to be sent or

delivered by any private or commercial interstate carrier, or takes

or receives therefrom, any such matter or thing, or knowingly

causes to be delivered by mail or such carrier according to the

direction thereon, or at the place at which it is directed to be

delivered by the person to whom it is addressed, any such matter or

thing, shall be fined under this title or imprisoned not more than

20 years, or both. If the violation affects a financial

institution, such person 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. 763; May 24, 1949, ch. 139, Sec.

34, 63 Stat. 94; Pub. L. 91-375, Sec. (6)(j)(11), Aug. 12, 1970, 84

Stat. 778; Pub. L. 101-73, title IX, Sec. 961(i), Aug. 9, 1989, 103

Stat. 500; Pub. L. 101-647, title XXV, Sec. 2504(h), Nov. 29, 1990,

104 Stat. 4861; Pub. L. 103-322, title XXV, Sec. 250006, title

XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2087, 2147;

Pub. L. 107-204, title IX, Sec. 903(a), July 30, 2002, 116 Stat.

805.)

-MISC1-

HISTORICAL AND REVISION NOTES

1948 ACT

Based on title 18, U.S.C., 1940 ed., Sec. 338 (Mar. 4, 1909, ch.

321, Sec. 215, 35 Stat. 1130).

The obsolete argot of the underworld was deleted as suggested by

Hon. Emerich B. Freed, United States district judge, in a paper

read before the 1944 Judicial Conference for the sixth circuit in

which he said:

A brief reference to Sec. 1341, which proposes to reenact the

present section covering the use of the mails to defraud. This

section is almost a page in length, is involved, and contains a

great deal of superfluous language, including such terms as

''sawdust swindle, green articles, green coin, green goods and

green cigars.'' This section could be greatly simplified, and

now-meaningless language eliminated.

The other surplusage was likewise eliminated and the section

simplified without change of meaning.

A reference to causing to be placed any letter, etc. in any post

office, or station thereof, etc. was omitted as unnecessary because

of definition of ''principal'' in section 2 of this title.

1949 ACT

This section (section 34) corrects a typographical error in

section 1341 of title 18, U.S.C.

AMENDMENTS

2002 - Pub. L. 107-204 substituted ''20 years'' for ''five

years''.

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

under this title'' for ''fined not more than $1,000'' after

''thing, shall be''.

Pub. L. 103-322, Sec. 250006, inserted ''or deposits or causes to

be deposited any matter or thing whatever to be sent or delivered

by any private or commercial interstate carrier,'' after ''Postal

Service,'' and ''or such carrier'' after ''causes to be delivered

by mail''.

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

''years''.

1989 - Pub. L. 101-73 inserted at end ''If the violation affects

a financial institution, such person shall be fined not more than

$1,000,000 or imprisoned not more than 20 years, or both.''

1970 - Pub. L. 91-375 substituted ''Postal Service'' for ''Post

Office Department''.

1949 - Act May 24, 1949, substituted ''of'' for ''or'' after

''dispose''.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-204, title IX, Sec. 901, July 30, 2002, 116 Stat.

804, provided that: ''This title (enacting sections 1349 and 1350

of this title, amending this section, section 1343 of this title,

and section 1131 of Title 29, Labor, and enacting provisions set

out as notes under section 994 of Title 28, Judiciary and Judicial

Procedure) may be cited as the 'White-Collar Crime Penalty

Enhancement Act of 2002'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 225, 981, 982, 1342,

1510, 1514A, 1961, 2326, 2516, 3293, 3322 of this title; title 7

section 12a; title 12 sections 1785, 1786, 1787, 1821, 1828, 1829,

1831k, 1833a, 2277a-10b; title 15 sections 78o, 80b-3; title 39

sections 3001, 3003.

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18 USC Sec. 1342 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 63 - MAIL FRAUD

-HEAD-

Sec. 1342. Fictitious name or address

-STATUTE-

Whoever, for the purpose of conducting, promoting, or carrying on

by means of the Postal Service, any scheme or device mentioned in

section 1341 of this title or any other unlawful business, uses or

assumes, or requests to be addressed by, any fictitious, false, or

assumed title, name, or address or name other than his own proper

name, or takes or receives from any post office or authorized

depository of mail matter, any letter, postal card, package, or

other mail matter addressed to any such fictitious, false, or

assumed title, name, or address, or name other than his own proper

name, shall be fined under this title or imprisoned not more than

five years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 763; Pub. L. 91-375, Sec.

6(j)(12), Aug. 12, 1970, 84 Stat. 778; 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. 339 (Mar. 4, 1909, ch.

321, Sec. 216, 35 Stat. 1131).

The punishment language used in section 1341 of this title was

substituted in lieu of the reference to it in this section.

Minor changes in phraseology were made.

AMENDMENTS

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

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

1970 - Pub. L. 91-375 substituted ''Postal Service'' for ''Post

Office Department of the United States''.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 982, 2326 of this title;

title 7 section 12a; title 15 sections 78o, 80b-3; title 39

sections 3001, 3003.

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18 USC Sec. 1343 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 63 - MAIL FRAUD

-HEAD-

Sec. 1343. Fraud by wire, radio, or television

-STATUTE-

Whoever, having devised or intending to devise any scheme or

artifice to defraud, or for obtaining money or property by means of

false or fraudulent pretenses, representations, or promises,

transmits or causes to be transmitted by means of wire, radio, or

television communication in interstate or foreign commerce, any

writings, signs, signals, pictures, or sounds for the purpose of

executing such scheme or artifice, shall be fined under this title

or imprisoned not more than 20 years, or both. If the violation

affects a financial institution, such person shall be fined not

more than $1,000,000 or imprisoned not more than 30 years, or both.

-SOURCE-

(Added July 16, 1952, ch. 879, Sec. 18(a), 66 Stat. 722; amended

July 11, 1956, ch. 561, 70 Stat. 523; Pub. L. 101-73, title IX,

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

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

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

Pub. L. 107-204, title IX, Sec. 903(b), July 30, 2002, 116 Stat.

805.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-204 substituted ''20 years'' for ''five

years''.

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

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

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

''years''.

1989 - Pub. L. 101-73 inserted at end ''If the violation affects

a financial institution, such person shall be fined not more than

$1,000,000 or imprisoned not more than 20 years, or both.''

1956 - Act July 11, 1956, substituted ''transmitted by means of

wire, radio, or television communication in interstate or foreign

commerce'' for ''transmitted by means of interstate wire, radio, or

television communication''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24, 225, 981, 982, 1510,

1514A, 1961, 2326, 2516, 3293, 3322 of this title; title 7 section

12a; title 12 sections 1785, 1786, 1787, 1821, 1828, 1829, 1831k,

1833a, 2277a-10b; title 15 sections 78o, 80b-3; title 47 sections

312, 503.

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18 USC Sec. 1344 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 63 - MAIL FRAUD

-HEAD-

Sec. 1344. Bank fraud

-STATUTE-

Whoever knowingly executes, or attempts to execute, a scheme or

artifice -

(1) to defraud a financial institution; or

(2) to obtain any of the moneys, funds, credits, assets,

securities, or other property owned by, or under the custody or

control of, a financial institution, by means of false or

fraudulent pretenses, representations, or promises;

shall be fined not more than $1,000,000 or imprisoned not more than

30 years, or both.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 1108(a), Oct. 12, 1984, 98

Stat. 2147; amended Pub. L. 101-73, title IX, Sec. 961(k), Aug. 9,

1989, 103 Stat. 500; Pub. L. 101-647, title XXV, Sec. 2504(j), Nov.

29, 1990, 104 Stat. 4861.)

-MISC1-

AMENDMENTS

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

''years''.

1989 - Pub. L. 101-73 amended section generally, restating former

subsec. (a) and striking out former subsec. (b) which defined

''federally chartered or insured financial institution''. Prior to

amendment, subsec. (a) read as follows: ''Whoever knowingly

executes, or attempts to execute, a scheme or artifice -

''(1) to defraud a federally chartered or insured financial

institution; or

''(2) to obtain any of the moneys, funds, credits, assets,

securities or other property owned by or under the custody or

control of a federally chartered or insured financial institution

by means of false or fraudulent pretenses, representations, or

promises, shall be fined not more than $10,000, or imprisoned not

more than five years, or both.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

1514A, 1961, 2326, 3293, 3322 of this title; title 12 sections

1785, 1786, 1787, 1821, 1828, 1829, 1831k, 1833a, 2277a-10b.

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18 USC Sec. 1345 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 63 - MAIL FRAUD

-HEAD-

Sec. 1345. Injunctions against fraud

-STATUTE-

(a)(1) If a person is -

(A) violating or about to violate this chapter or section 287,

371 (insofar as such violation involves a conspiracy to defraud

the United States or any agency thereof), or 1001 of this title;

(B) committing or about to commit a banking law violation (as

defined in section 3322(d) of this title); or

(C) committing or about to commit a Federal health care

offense;

the Attorney General may commence a civil action in any Federal

court to enjoin such violation.

(2) If a person is alienating or disposing of property, or

intends to alienate or dispose of property, obtained as a result of

a banking law violation (as defined in section 3322(d) of this

title) or a Federal health care offense or property which is

traceable to such violation, the Attorney General may commence a

civil action in any Federal court -

(A) to enjoin such alienation or disposition of property; or

(B) for a restraining order to -

(i) prohibit any person from withdrawing, transferring,

removing, dissipating, or disposing of any such property or

property of equivalent value; and

(ii) appoint a temporary receiver to administer such

restraining order.

(3) A permanent or temporary injunction or restraining order

shall be granted without bond.

(b) The court shall proceed as soon as practicable to the hearing

and determination of such an action, and may, at any time before

final determination, enter such a restraining order or prohibition,

or take such other action, as is warranted to prevent a continuing

and substantial injury to the United States or to any person or

class of persons for whose protection the action is brought. A

proceeding under this section is governed by the Federal Rules of

Civil Procedure, except that, if an indictment has been returned

against the respondent, discovery is governed by the Federal Rules

of Criminal Procedure.

-SOURCE-

(Added Pub. L. 98-473, title II, Sec. 1205(a), Oct. 12, 1984, 98

Stat. 2152; amended Pub. L. 100-690, title VII, Sec. 7077, Nov. 18,

1988, 102 Stat. 4406; Pub. L. 101-647, title XXV, Sec. 2521(b)(2),

title XXXV, Sec. 3542, Nov. 29, 1990, 104 Stat. 4865, 4925; Pub. L.

103-322, title XXXIII, Sec. 330011(k), Sept. 13, 1994, 108 Stat.

2145; Pub. L. 104-191, title II, Sec. 247, Aug. 21, 1996, 110 Stat.

2018; Pub. L. 107-273, div. B, title IV, Sec. 4002(b)(14), Nov. 2,

2002, 116 Stat. 1808.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Rules of Civil Procedure, referred to in subsec. (b),

are set out in the Appendix to Title 28, Judiciary and Judicial

Procedure.

The Federal Rules of Criminal Procedure, referred to in subsec.

(b), are set out in the Appendix to this title.

-MISC2-

AMENDMENTS

2002 - Subsec. (a)(1)(B). Pub. L. 107-273, Sec. 4002(b)(14)(A),

substituted ''; or'' for '', or'' at end.

Subsec. (a)(1)(C). Pub. L. 107-273, Sec. 4002(b)(14)(B),

substituted semicolon for period at end.

1996 - Subsec. (a)(1)(C). Pub. L. 104-191, Sec. 247(a), added

subpar. (C).

Subsec. (a)(2). Pub. L. 104-191, Sec. 247(b), inserted ''or a

Federal health care offense'' after ''title)''.

1994 - Pub. L. 103-322, Sec. 330011(k), repealed Pub. L. 101-647,

Sec. 3542. See 1990 Amendment note below.

1990 - Pub. L. 101-647, Sec. 2521(b)(2), added subsec. (a),

inserted subsec. (b) designation, and struck out former first

sentence which read as follows: ''Whenever it shall appear that any

person is engaged or is about to engage in any act which

constitutes or will constitute a violation of this chapter, or of

section 287, 371 (insofar as such violation involves a conspiracy

to defraud the United States or any agency thereof), or 1001 of

this title the Attorney General may initiate a civil proceeding in

a district court of the United States to enjoin such violation.''

Pub. L. 101-647, Sec. 3542, which directed insertion of a comma

after ''of this title'', was repealed by Pub. L. 103-322, Sec.

330011(k).

1988 - Pub. L. 100-690 inserted ''or of section 287, 371 (insofar

as such violation involves a conspiracy to defraud the United

States or any agency thereof), or 1001 of this title'' after

''violation of this chapter,''.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 330011(k) of Pub. L. 103-322 provided that the amendment

made by that section is effective Nov. 29, 1990.

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18 USC Sec. 1346 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 63 - MAIL FRAUD

-HEAD-

Sec. 1346. Definition of ''scheme or artifice to defraud''

-STATUTE-

For the purposes of this chapter, the term ''scheme or artifice

to defraud'' includes a scheme or artifice to deprive another of

the intangible right of honest services.

-SOURCE-

(Added Pub. L. 100-690, title VII, Sec. 7603(a), Nov. 18, 1988, 102

Stat. 4508.)

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18 USC Sec. 1347 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 63 - MAIL FRAUD

-HEAD-

Sec. 1347. Health care fraud

-STATUTE-

Whoever knowingly and willfully executes, or attempts to execute,

a scheme or artifice -

(1) to defraud any health care benefit program; or

(2) to obtain, by means of false or fraudulent pretenses,

representations, or promises, any of the money or property owned

by, or under the custody or control of, any health care benefit

program,

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 10 years, or both. If the violation

results in serious bodily injury (as defined in section 1365 of

this title), such person shall be fined under this title or

imprisoned not more than 20 years, or both; and if the violation

results in death, such person shall be fined under this title, or

imprisoned for any term of years or for life, or both.

-SOURCE-

(Added Pub. L. 104-191, title II, Sec. 242(a)(1), Aug. 21, 1996,

110 Stat. 2016.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 24 of this title.

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18 USC Sec. 1348 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 63 - MAIL FRAUD

-HEAD-

Sec. 1348. Securities fraud

-STATUTE-

Whoever knowingly executes, or attempts to execute, a scheme or

artifice -

(1) to defraud any person in connection with any security of an

issuer with a class of securities registered under section 12 of

the Securities Exchange Act of 1934 (15 U.S.C. 78l) or that is

required to file reports under section 15(d) of the Securities

Exchange Act of 1934 (15 U.S.C. 78o(d)); or

(2) to obtain, by means of false or fraudulent pretenses,

representations, or promises, any money or property in connection

with the purchase or sale of any security of an issuer with a

class of securities registered under section 12 of the Securities

Exchange Act of 1934 (15 U.S.C. 78l) or that is required to file

reports under section 15(d) of the Securities Exchange Act of

1934 (15 U.S.C. 78o(d));

shall be fined under this title, or imprisoned not more than 25

years, or both.

-SOURCE-

(Added Pub. L. 107-204, title VIII, Sec. 807(a), July 30, 2002, 116

Stat. 804.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1514A of this title.

-CITE-

18 USC Sec. 1349 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 63 - MAIL FRAUD

-HEAD-

Sec. 1349. Attempt and conspiracy

-STATUTE-

Any person who attempts or conspires to commit any offense under

this chapter 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.

-SOURCE-

(Added Pub. L. 107-204, title IX, Sec. 902(a), July 30, 2002, 116

Stat. 805.)

-CITE-

18 USC Sec. 1350 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 63 - MAIL FRAUD

-HEAD-

Sec. 1350. Failure of corporate officers to certify financial

reports

-STATUTE-

(a) Certification of Periodic Financial Reports. - Each periodic

report containing financial statements filed by an issuer with the

Securities Exchange Commission pursuant to section 13(a) or 15(d)

of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d))

shall be accompanied by a written statement by the chief executive

officer and chief financial officer (or equivalent thereof) of the

issuer.

(b) Content. - The statement required under subsection (a) shall

certify that the periodic report containing the financial

statements fully complies with the requirements of section 13(a) or

15(d) of the Securities Exchange Act pf (FOOTNOTE 1) 1934 (15

U.S.C. 78m or 78o(d)) and that information contained in the

periodic report fairly presents, in all material respects, the

financial condition and results of operations of the issuer.

(FOOTNOTE 1) So in original. Probably should be ''of''.

(c) Criminal Penalties. - Whoever -

(1) certifies any statement as set forth in subsections (a) and

(b) of this section knowing that the periodic report accompanying

the statement does not comport with all the requirements set

forth in this section shall be fined not more than $1,000,000 or

imprisoned not more than 10 years, or both; or

(2) willfully certifies any statement as set forth in

subsections (a) and (b) of this section knowing that the periodic

report accompanying the statement does not comport with all the

requirements set forth in this section shall be fined not more

than $5,000,000, or imprisoned not more than 20 years, or both.

-SOURCE-

(Added Pub. L. 107-204, title IX, Sec. 906(a), July 30, 2002, 116

Stat. 806.)

-CITE-