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39 U.S.C. § 3005 — False representations; lotteries

Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 3005 — False representations; lotteries

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Stable record: federal_law:legal_authorities:record_usc_908e57fc6f6e4e32ca712c48
Source file: Laws/federal/codes/united-states-code/title-39/section-3005-false-representations-lotteries--cb15f46934.md
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Source location: Title 39, Chapter 30, § 3005; chapter-030-nonmailable-matter.md

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**(a)** Upon evidence satisfactory to the Postal Service that any person is engaged in conducting a scheme or device for obtaining money or property through the mail by means of false representations, including the mailing of matter which is nonmailable under section 3001(d), (h), (i), (j), or (k) of this title, or is engaged in conducting a lottery, gift enterprise, or scheme for the distribution of money or of real or personal property, by lottery, chance, or drawing of any kind, the Postal Service may issue an order which— (1) directs the postmaster of the post office at which mail arrives, addressed to such a person or to his representative, to return such mail to the sender appropriately marked as in violation of this section, if the person, or his representative, is first notified and given reasonable opportunity to be present at the receiving post office to survey the mail before the postmaster returns the mail to the sender; (2) forbids the payment by a postmaster to the person or his representative of any money order or postal note drawn to the order of either and provides for the return to the remitter of the sum named in the money order or postal note; and (3) requires the person or his representative to cease and desist from engaging in any such scheme, device, lottery, or gift enterprise. For purposes of the preceding sentence, the mailing of matter which is nonmailable under such section 3001(d), (h), (i), (j), or (k) by any person shall constitute prima facie evidence that such person is engaged in conducting a scheme or device for obtaining money or property through the mail by false representations. **(b)** The public advertisement by a person engaged in activities covered by subsection (a) of this section, that remittances may be made by mail to a person named in the advertisement, is prima facie evidence that the latter is the agent or representative of the advertiser for the receipt of remittances on behalf of the advertiser. The Postal Service may ascertain the existence of the agency in any other legal way satisfactory to it. **(c)** As used in this section, the term “representative” includes an agent or representative acting as an individual or as a firm, bank, corporation, or association of any kind. **(d)** Nothing in this section shall prohibit the mailing of (1) publications containing advertisements, lists of prizes, or information concerning a lottery, which are exempt, pursuant to [section 1307 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1307&num=0&edition=prelim) of the United States Code, from the provisions of sections 1301, 1302, 1303, and 1304 of title 18 of the United States Code, (2) tickets or other materials concerning such a lottery within that State to addresses within that State, or (3) an advertisement promoting the sale of a book or other publication, or a solicitation to purchase, or a purchase order for any such publication, if (A) such advertisement, solicitation, or purchase order is not materially false or misleading in its description of the publication; (B) such advertisement, solicitation, or purchase order contains no material misrepresentation of fact: Provided, however, That no statement quoted or derived from the publication shall constitute a misrepresentation of fact as long as such statement complies with the requirements of subparagraphs (A) and (C); and (C) the advertisement, solicitation, or purchase order accurately discloses the source of any statements quoted or derived from the publication. Paragraph (3) shall not be applicable to any publication, advertisement, solicitation, or purchase order which is used to sell some other product in which the publisher or author has a financial interest as part of a commercial scheme. For the purposes of this subsection, “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. **(e)** (1) In conducting an investigation to determine if a person is engaged in any of the activities covered by subsection (a) of this section, the Postmaster General (or any duly authorized agent of the Postmaster General) may tender, at any reasonable time and by any reasonable means, the price advertised or otherwise requested for any article or service that such person has offered to provide through the mails. (2) A failure to provide the article or service offered after the Postmaster General or his agent has tendered the price advertised or otherwise requested in the manner described in paragraph (1) of this subsection, and any reasons for such failure, may be considered in a proceeding held under [section 3007 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section3007&num=0&edition=prelim) to determine if there is probable cause to believe that a violation of this section has occurred. (3) The Postmaster General shall prescribe regulations under which any individual seeking to make a purchase on behalf of the Postal Service under this subsection from any person shall— (A) identify himself as an employee or authorized agent of the Postal Service, as the case may be; (B) state the nature of the conduct under investigation; and (C) inform such person that the failure to complete the transaction may be considered in a proceeding under [section 3007 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section3007&num=0&edition=prelim) to determine probable cause, in accordance with paragraph (2) of this subsection.

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1304 — Broadcasting lottery information

Whoever broadcasts by means of any radio or television station for which a license is required by any law of the United States, or whoever, operating any such station, knowingly permits the broadcasting of, any advertisement of or information concerning any lottery, gift enterprise, or similar scheme, offering prizes dependent in whole or in part upon lot or chance, or any list of the prizes drawn or awarded by means of any such lottery, gift enterprise, or scheme, whether said list contains any part or all of such prizes, shall be fined under this title or imprisoned not more than one year, or both.

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Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 3007 — Detention of mail for temporary periods

**(a)** (1) In preparation for or during the pendency of proceedings under section 3005, the Postal Service may, under the provisions of section 409(d), apply to the district court in any district in which mail is sent or received as part of the alleged scheme, device, lottery, gift enterprise, sweepstakes, skill contest, or facsimile check or in any district in which the defendant is found, for a temporary restraining order and preliminary injunction under the procedural requirements of rule 65 of the Federal Rules of Civil Procedure. (2) (A) Upon a proper showing, the court shall enter an order which shall— (i) remain in effect during the pendency of the statutory proceedings, any judicial review of such proceedings, or any action to enforce orders issued under the proceedings; and (ii) direct the detention by the postmaster, in any and all districts, of the defendant’s incoming mail and outgoing mail, which is the subject of the proceedings under section 3005. (B) A proper showing under this paragraph shall require proof of a likelihood of success on the merits of the proceedings under section 3005. (3) Mail detained under paragraph (2) shall— (A) be made available at the post office of mailing or delivery for examination by the defendant in the presence of a postal employee; and (B) be delivered as addressed if such mail is not clearly shown to be the subject of proceedings under section 3005. (4) No finding of the defendant’s intent to make a false representation or to conduct a lottery is required to support the issuance of an order under this section. **(b)** If any order is issued under subsection (a) and the proceedings under section 3005 are concluded with the issuance of an order under that section, any judicial review of the matter

Source: Supplied U.S. Code snapshot — release unconfirmed · 39 U.S.C. § 3007

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Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 3001 — Nonmailable matter

**(a)** Matter the deposit of which in the mails is punishable under section 1302, 1341, 1342, 1461, 1463, 1715, 1716, 1717, or 1738 11 See References in Text note below. of title 18, or section 26 of the Animal Welfare Act is nonmailable. **(b)** Except as provided in subsection (c) of this section, nonmailable matter which reaches the office of delivery, or which may be seized or detained for violation of law, shall be disposed of as the Postal Service shall direct. **(c)** (1) Matter which— (A) exceeds the size and weight limits prescribed for the particular class of mail; or (B) is of a character perishable within the period required for transportation and delivery; is nonmailable. (2) Matter made nonmailable by this subsection which reaches the office of destination may be delivered in accordance with its address, if the party addressed furnishes the name and address of the sender. **(d)** Matter otherwise legally acceptable in the mails which— (1) is in the form of, and reasonably could be interpreted or construed as, a bill, invoice, or statement of account due; but (2) constitutes, in fact, a solicitation for the order by the addressee of goods or services, or both; is nonmailable matter, shall not be carried or delivered by mail, and shall be disposed of as the Postal Service directs, unless such matter bears on its face, in conspicuous and legible type in contrast by typography, layout, or color with other printing on its face, in accordance with regulations which the Postal Service shall prescribe— (A) the following notice: “This is a solicitation for the order of goods or services, or both, and not a bill, invoice, or statement of account due. You are under no obligation to make any payments on account of this offer unless you accept this off

Source: Supplied U.S. Code snapshot — release unconfirmed · 39 U.S.C. § 3001

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1307 — Exceptions relating to certain advertisements and other information and to State-conducted lotteries

**(a)** The provisions of sections 1301, 1302, 1303, and 1304 shall not apply to— (1) an advertisement, list of prizes, or other information concerning a lottery conducted by a State acting under the authority of State law which is— (A) contained in a publication published in that State or in a State which conducts such a lottery; or (B) broadcast by a radio or television station licensed to a location in that State or a State which conducts such a lottery; or (2) an advertisement, list of prizes, or other information concerning a lottery, gift enterprise, or similar scheme, other than one described in paragraph (1), that is authorized or not otherwise prohibited by the State in which it is conducted and which is— (A) conducted by a not-for-profit organization or a governmental organization; or (B) conducted as a promotional activity by a commercial organization and is clearly occasional and ancillary to the primary business of that organization. **(b)** The provisions of sections 1301, 1302, and 1303 shall not apply to the transportation or mailing— (1) to addresses within a State of equipment, tickets, or material concerning a lottery which is conducted by that State acting under the authority of State law; or (2) to an addressee within a foreign country of equipment, tickets, or material designed to be used within that foreign country in a lottery which is authorized by the law of that foreign country. **(c)** For the purposes of this section (1) “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States; and (2) “foreign country” means any empire, country, dominion, colony, or protectorate, or any subdivision thereof (other than the United States, its te

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1307

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Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 3006 — Repealed. Pub. L. 106–168, title I, § 105(b)(1), Dec. 12, 1999, 113 Stat. 1811]

### Statutory Notes Section, Pub. L. 91–375, Aug. 12, 1970, 84 Stat. 747, prohibited persons from obtaining or attempting to obtain remittances of money or property of any kind through the mail for an obscene, lewd, lascivious, indecent, filthy, or vile thing. #### Effective Date of Repeal Repeal effective 120 days after Dec. 12, 1999, see section 111 of Pub. L. 106–168, set out as an Effective Date of 1999 Amendment note under [section 3001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section3001&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 101 — Postal policy

**(a)** The United States Postal Service shall be operated as a basic and fundamental service provided to the people by the Government of the United States, authorized by the Constitution, created by Act of Congress, and supported by the people. The Postal Service shall have as its basic function the obligation to provide postal services to bind the Nation together through the personal, educational, literary, and business correspondence of the people. It shall provide prompt, reliable, and efficient services to patrons in all areas and shall render postal services to all communities. The costs of establishing and maintaining the Postal Service shall not be apportioned to impair the overall value of such service to the people. **(b)** The Postal Service shall maintain an integrated network for the delivery of market-dominant and competitive products (as defined in chapter 36 of this title). Delivery shall occur at least six days a week, except during weeks that include a Federal holiday, in emergency situations, such as natural disasters, or in geographic areas where the Postal Service has established a policy of delivering mail fewer than six days a week as of the date of enactment of the Postal Service Reform Act of 2022. The Postal Service shall provide a maximum degree of effective and regular postal services to rural areas, communities, and small towns where post offices are not self-sustaining. No small post office shall be closed solely for operating at a deficit, it being the specific intent of the Congress that effective postal services be insured to residents of both urban and rural communities. **(c)** As an employer, the Postal Service shall achieve and maintain compensation for its officers and employees comparable to the rates and types of compensation pa

Source: Supplied U.S. Code snapshot — release unconfirmed · 39 U.S.C. § 101

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 405 — Reports

**(a) Definitions.—** In this section: (1) **Disallowed cost.—** — The term “disallowed cost” means a questioned cost that management, in a management decision, has sustained or agreed should not be charged to the Government. (2) **Final action.—** — The term “final action” means— (A) the completion of all actions that the management of an establishment has concluded, in its management decision, are necessary with respect to the findings and recommendations included in an audit report; and (B) in the event that the management of an establishment concludes no action is necessary, final action occurs when a management decision has been made. (3) **Management decision.—** — The term “management decision” means the evaluation by the management of an establishment of the findings and recommendations included in an audit report and the issuance of a final decision by management concerning its response to the findings and recommendations, including actions concluded to be necessary. (4) **Questioned cost.—** — The term “questioned cost” means a cost that is questioned by the Office because of— (A) an alleged violation of a provision of a law, regulation, contract, grant, cooperative agreement, or other agreement or document governing the expenditure of funds; (B) a finding that, at the time of the audit, the cost is not supported by adequate documentation; or (C) a finding that the expenditure of funds for the intended purpose is unnecessary or unreasonable. (5) **Recommendation that funds be put to better use.—** — The term “recommendation that funds be put to better use” means a recommendation by the Office that funds could be used more efficiently if management of an establishment took actions to implement and complete the recommendation, including— (

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1301 — Importing or transporting lottery tickets

Whoever brings into the United States for the purpose of disposing of the same, or knowingly deposits with any express company or other common carrier for carriage, or carries in interstate or foreign commerce any paper, certificate, or instrument purporting to be or to represent a ticket, chance, share, or interest in or dependent upon the event of a lottery, gift enterprise, or similar scheme, offering prizes dependent in whole or in part upon lot or chance, or any advertisement of, or list of the prizes drawn or awarded by means of, any such lottery, gift enterprise, or similar scheme; or, being engaged in the business of procuring for a person in 1 State such a ticket, chance, share, or interest in a lottery, gift,11 So in original. The comma probably should not appear. enterprise or similar scheme conducted by another State (unless that business is permitted under an agreement between the States in question or appropriate authorities of those States), knowingly transmits in interstate or foreign commerce information to be used for the purpose of procuring such a ticket, chance, share, or interest; or knowingly takes or receives any such paper, certificate, instrument, advertisement, or list so brought, deposited, or transported, shall be fined under this title or imprisoned not more than two years, or both.

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Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 3012 — Civil penalties

**(a)** Any person— (1) who, through the use of the mail, evades or attempts to evade the effect of an order issued under section 3005(a)(1) or 3005(a)(2) of this title; (2) who fails to comply with an order issued under [section 3005(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section3005/a/3&num=0&edition=prelim); or (3) who (other than a publisher described by [section 3007(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section3007/b&num=0&edition=prelim)) has actual knowledge of any such order, is in privity with any person described by paragraph (1) or (2) of this subsection, and engages in conduct to assist any such person to evade, attempt to evade, or fail to comply with any such order, as the case may be, through the use of the mail; shall be liable to the United States for a civil penalty in an amount not to exceed $50,000 for each mailing of less than 50,000 pieces; $100,000 for each mailing of 50,000 to 100,000 pieces; with an additional $10,000 for each additional 10,000 pieces above 100,000, not to exceed $2,000,000. A separate penalty may be assessed under this subsection with respect to the conduct described in each such paragraph. **(b)** (1) Whenever, on the basis of any information available to it, the Postal Service finds that any person has engaged, or is engaging, in conduct described by paragraph (1), (2), or (3) of subsection (a), (c), or (d), the Postal Service may, under the provisions of [section 409(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section409/d&num=0&edition=prelim), commence a civil action to enforce the civil penalties established by such subsection. Any such action shall be brought in the district

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Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 3013 — Semiannual reports on investigative activities of the Postal Service

The Postmaster General shall submit semiannual reports to the Inspector General summarizing the investigative activities of the Postal Service. One semiannual report shall be submitted for the reporting period beginning on October 1 and ending on March 31, and the other semiannual report shall be submitted for the reporting period beginning on April 1 and ending on September 30. Each such report shall be submitted within 1 month (or such shorter length of time as the Inspector General may specify) after the close of the reporting period involved and shall include with respect to such reporting period— (1) a summary of any proceedings instituted under [section 3005 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section3005&num=0&edition=prelim), and the results of those and of any other such proceedings decided, settled, or otherwise concluded during such period; (2) the number of cases in which the authority described in [section 3005(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section3005/e&num=0&edition=prelim) was used; (3) the number of applications for temporary restraining orders or preliminary injunctions submitted under [section 3007 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title39-section3007&num=0&edition=prelim) and, of those applications, the number granted; (4) the total amount of expenditures and obligations incurred in carrying out the investigative activities of the Postal Service; (5) the number of cases in which the authority described in section 3016 was used, and a comprehensive statement describing how that authority was used in each of those cases; and (6) such other information relating to the investigative activities of the Po

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