18 U.S.C. § 292 — Solicitation of employment and receipt of

Page 104 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 291 or attorney, the discharge papers of any such soldier, sailor, or marine, or commissioned offi- cer, which may have been placed in his hands for the purpose of collecting said claims, shall be fined under this title or imprisoned not more than six months, or both; and shall be debarred from prosecuting any such claim in any depart- ment or agency of the United States. (June 25, 1948, ch. 645, 62 Stat. 699; Pub. L. 103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on section 100 of title 31, Money and Finance, section 130 of title 38, Pensions, Bonuses, and Veterans’ Relief, and section 841 of title 43, Public Lands, all U.S.C., 1940 ed. (May 21, 1872, ch. 178, 17 Stat. 137). Words ‘‘deemed guilty of a misdemeanor’’ were de- leted as unnecessary. (See definition of ‘‘misdemeanor’’ in section 1 of this title.) Words ‘‘and shall upon conviction, be’’ were omitted as surplusage since punishment can follow only after conviction. To clarify meaning of ‘‘executive department’’ word ‘‘executive’’ before ‘‘department’’ was deleted and words ‘‘or agency’’ were inserted after it. (See defini- tions of ‘‘department’’ and ‘‘agency’’ in section 6 of this title.) Words ‘‘bounty’’, before ‘‘pension’’, and ‘‘or land war- rant’’, before ‘‘of any such soldier’’, were deleted as ob- solete. According to regulations, Circular 1151, January 8, 1929, issued by the Secretary of the Interior and the General Land Office (see 43 CFR 131.1–131.2) ‘‘warrants for bounty lands were and are issued by the Commis- sioner of Pensions (Administrator of Veterans’ Affairs) for services in wars or battles prior to March 3, 1855 only.’’ Further, it is stated that ‘‘Warrants can not now be ‘located’ upon the public lands. The locating privi- lege was denied except in the state of Missouri after the passage of the act of March 2, 1889 (25 Stat. 854; 43 U.S.C. § 700), and there are no lands known to the Gen- eral Land Office to be subject to warrant location in Missouri.’’ Words ‘‘and honorably discharged’’ were omitted as unnecessary and words ‘‘or for his dependents or bene- ficiaries’’ were inserted after ‘‘United States’’ so as to embrace an important class of persons who employ at- torneys or agents in the collection of claims permitted by statute. Minor changes of phraseology were also made. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $500’’. § 291. Purchase of claims for fees by court offi- cials Whoever, being a judge, clerk, or deputy clerk of any court of the United States or a Territory or Possession thereof, or a United States district attorney, assistant attorney, marshal, deputy marshal, magistrate judge, or other person hold- ing any office or employment, or position of trust or profit under the United States, directly or indirectly purchases at less than the full face value thereof, any claim against the United States for the fee, mileage, or expenses of any witness, juror, deputy marshal, or any other of- ficer of such court, shall be fined under this title. (June 25, 1948, ch. 645, 62 Stat. 699; Pub. L. 90–578, title IV, § 402(b)(2), Oct. 17, 1968, 82 Stat. 1118; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 193 (Mar. 4, 1909, ch. 321, § 104, 35 Stat. 1107). Word ‘‘Possession’’ was inserted to clarify scope of section. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Words ‘‘magistrate judge’’ substituted for ‘‘mag- istrate’’ in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. Previously, ‘‘mag- istrate’’ substituted for ‘‘commissioner’’ pursuant to Pub. L. 90–578. See chapter 43 (§ 631 et seq.) of Title 28. § 292. Solicitation of employment and receipt of unapproved fees concerning Federal employ- ees’ compensation Whoever solicits employment for himself or another in respect to a case, claim, or award for compensation under, or to be brought under, subchapter I of chapter 81 of title 5; or Whoever receives a fee, other consideration, or gratuity on account of legal or other services furnished in respect to a case, claim, or award for compensation under subchapter I of chapter 81 of title 5, unless the fee, consideration, or gra- tuity is approved by the Secretary of Labor— Shall, for each offense, be fined under this title or imprisoned not more than one year, or both. (Added Pub. L. 89–554, § 3(b), Sept. 6, 1966, 80 Stat. 608; amended Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 773(b) (last sentence). Oct. 14, 1949, ch. 691, § 208 ‘‘Sec. 23(b) (last sen- tence)’’, 63 Stat. 865. The words ‘‘under subchapter I of chapter 81 of title 5’’ are substituted for ‘‘under this Act’’ (Federal Em- ployees’ Compensation Act) to reflect the codification of the Act in title 5, United States Code. The words ‘‘is approved by the Secretary of Labor’’ are substituted for ‘‘is so approved’’. The words ‘‘Sec- retary of Labor’’ are substituted for ‘‘Administrator’’ (Federal Security Administrator) on authority of 1950 Reorg. Plan No. 19, § 1, eff. May 24, 1950, 64 Stat. 1271. The words ‘‘shall be guilty of a misdemeanor’’ are omitted as unnecessary in view of the definitive section 1 of this title. (See reviser’s note under 18 U.S.C. 212, 1964 ed.) The words ‘‘and upon conviction thereof’’ are omitted as unnecessary because punishment can be imposed only after conviction. The words ‘‘or both’’ are substituted for ‘‘or by both such fine and imprisonment’’. Minor changes in phraseology are made to conform to the style of title 18. Page 105 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 333 Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. [§ 293. Repealed. Pub. L. 101–123, § 3(a), Oct. 23, 1989, 103 Stat. 760] Section, added Pub. L. 100–700, § 3(a), Nov. 19, 1988, 102 Stat. 4632, related to limitation on Government con- tract costs. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 101–123, § 3(b), Oct. 23, 1989, 103 Stat. 760, pro- vided that: ‘‘The repeal made by this section [repealing this section and provisions formerly set out as a note below] shall be deemed to be effective on the date of en- actment of Public Law 100–700 [Nov. 19, 1988].’’ EFFECTIVE DATE Pub. L. 100–700, § 3(c), Nov. 19, 1988, 102 Stat. 4633, which provided that this section was to apply to con- tracts entered into after Nov. 19, 1988, was repealed by Pub. L. 101–123, § 3(a), Oct. 23, 1989, 103 Stat. 760. CHAPTER 17—COINS AND CURRENCY Sec. 331. Mutilation, diminution, and falsification of coins. 332. Debasement of coins; alteration of official scales, or embezzlement of metals. 333. Mutilation of national bank obligations. 334. Issuance of Federal Reserve or national bank notes. 335. Circulation of obligations of expired corpora- tions. 336. Issuance of circulating obligations of less than $1. 337. Coins as security for loans. Editorial Notes AMENDMENTS 1965—Pub. L. 89–81, title II, § 212(b), July 23, 1965, 79 Stat. 257, added item 337. § 331. Mutilation, diminution, and falsification of coins Whoever fraudulently alters, defaces, muti- lates, impairs, diminishes, falsifies, scales, or lightens any of the coins coined at the mints of the United States, or any foreign coins which are by law made current or are in actual use or circulation as money within the United States; or Whoever fraudulently possesses, passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, or brings into the United States, any such coin, knowing the same to be altered, defaced, mutilated, impaired, diminished, fal- sified, scaled, or lightened— Shall be fined under this title or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 700; July 16, 1951, ch. 226, § 1, 65 Stat. 121; Pub. L. 103–322, title XXXIII, § 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 279 (Mar. 4, 1909, ch. 321, § 165, 35 Stat. 1119). Mandatory punishment provision was rephrased in the alternative. Reference to persons causing or procuring was omit- ted as unnecessary in view of definition of ‘‘principal’’ in section 2 of this title. Changes were also made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $2,000’’. 1951—Act July 16, 1951, made section applicable to minor coins (5-cent and 1-cent pieces), and to fraudu- lent alteration of coins. § 332. Debasement of coins; alteration of official scales, or embezzlement of metals If any of the gold or silver coins struck or coined at any of the mints of the United States shall be debased, or made worse as to the pro- portion of fine gold or fine silver therein con- tained, or shall be of less weight or value than the same ought to be, pursuant to law, or if any of the scales or weights used at any of the mints or assay offices of the United States shall be de- faced, altered, increased, or diminished through the fault or connivance of any officer or person employed at the said mints or assay offices, with a fraudulent intent; or if any such officer or person shall embezzle any of the metals at any time committed to his charge for the pur- pose of being coined, or any of the coins struck or coined at the said mints, or any medals, coins, or other moneys of said mints or assay of- fices at any time committed to his charge, or of which he may have assumed the charge, every such officer or person who commits any of the said offenses shall be fined under this title or imprisoned not more than ten years, or both. (June 25, 1948, ch. 645, 62 Stat. 700; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 280 (Mar. 4, 1909, ch. 321, § 166, 35 Stat. 1120). Mandatory punishment provision was rephrased in the alternative. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. § 333. Mutilation of national bank obligations Whoever mutilates, cuts, defaces, disfigures, or perforates, or unites or cements together, or does any other thing to any bank bill, draft, note, or other evidence of debt issued by any na- tional banking association, or Federal Reserve bank, or the Federal Reserve System, with in- tent to render such bank bill, draft, note, or other evidence of debt unfit to be reissued, shall be fined under this title or imprisoned not more than six months, or both. (June 25, 1948, ch. 645, 62 Stat. 700; Pub. L. 103–322, title XXXIII, § 330016(1)(B), Sept. 13, 1994, 108 Stat. 2146.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 291 (Mar. 4, 1909, ch. 321, § 176, 35 Stat. 1122).