1
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.
section 20(9) of this titleAs 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 . 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.
June 25, 1948, ch. 64562 Stat. 750Pub. L. 101–73, title IX, § 961(d)103 Stat. 499Pub. L. 101–647, title XXV104 Stat. 4861Pub. L. 107–273, div. B, title IV, § 4003(a)(2)116 Stat. 1811(, ; , , ; , §§ 2504(d), 2595(a)(3), 2597(h), , , 4907, 4910; , , .)
Historical and Revision Notes
Dec. 23, 1913, ch. 6, § 22(i)June 19, 1934, ch. 653, § 348 Stat. 1107Sept. 26, 1918, ch. 177, § 740 Stat. 972Aug. 23, 1935, ch. 614, § 31649 Stat. 712Based on sections 592, 597 of title 12, U.S.C., 1940 ed., Banks and Banking (R.S. § 5209; as added , ; , ; , ).
section 656 of this titlesection 592 of title 12(See reviser’s note under for comprehensive statement of reasons for separating , 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.)
section 656 of this titleIn 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 , are not directed at such receivers and agents.
section 656 of this titleNo changes of meaning or substance were made, except that, like said , the different punishment provisions were reconciled, and one uniform punishment provision was adopted.
section 1 of this titleThe words “shall be deemed guilty of a misdemeanor” were omitted as unnecessary in view of the definition of a misdemeanor in .
The words “and upon conviction thereof” were omitted as unnecessary, since punishment cannot be imposed until a conviction is secured.
section 3231 of this titleSince gives the district court jurisdiction of criminal prosecutions, the words “in any district court of the United States” were omitted as unnecessary.
Editorial Notes
References in Text
Pub. L. 102–242, title I, § 142(e)(2)105 Stat. 2281Section 25 of the Federal Reserve Act, referred to in text, is classified to subchapter I (§ 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 (§ 611 et seq.) of chapter 6 of Title 12, was renumbered section 25A of that act by , , .
section 1813(w)(1) of Title 12Section 3(w)(1) of the Federal Deposit Insurance Act, referred to in text, is classified to .
Amendments
Pub. L. 107–2732002—, in first par. substituted “Act,” for “Act,,” and in third par. inserted “or” at end.
Pub. L. 101–6471990—, §§ 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, § 2597(h)(3)(A), in sixth par. struck out “and” after “one of the Federal Reserve Banks;”.
Pub. L. 101–647, § 2597(h)(3)(B)section 20(9) of this titlePub. L. 101–647, § 2595(a)(3)(C), which, in sixth par., directed insertion of “; and the term ‘branch or agency of a foreign bank’ means a branch or agency described in ” before the period, was inserted before period at end of first sentence to reflect the probable intent of Congress and intervening amendment by . See below.
Pub. L. 101–647, § 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.
Pub. L. 101–731989— 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”.
Executive Documents
Exception as to Transfer of Functions
64 Stat. 1280Functions 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, § 1, eff. , 15 F.R. 4935, , set out in the Appendix to Title 5, Government Organization and Employees.