18 U.S.C. § 1343 — Fraud by wire, radio, or television

Page 364 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1342 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 sec- tion 2 of this title. 1949 ACT This section [section 34] corrects a typographical error in section 1341 of title 18, U.S.C. Editorial Notes AMENDMENTS 2008—Pub. L. 110–179 inserted ‘‘occurs in relation to, or involving any benefit authorized, transported, trans- mitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emer- gency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency As- sistance Act (42 U.S.C. 5122)), or’’ after ‘‘If the viola- tion’’. 2002—Pub. L. 107–204 substituted ‘‘20 years’’ for ‘‘five years’’. 1994—Pub. L. 103–322, § 330016(1)(H), substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’ after ‘‘thing, shall be’’. Pub. L. 103–322, § 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’’. Statutory Notes and Related Subsidiaries 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 pre- ceding section 101 of Title 39, Postal Service. SHORT TITLE OF 2002 AMENDMENT Pub. L. 107–204, title IX, § 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’.’’ § 1342. Fictitious name or address Whoever, for the purpose of conducting, pro- moting, or carrying on by means of the Postal Service, any scheme or device mentioned in sec- tion 1341 of this title or any other unlawful busi- ness, uses or assumes, or requests to be ad- dressed 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 mat- ter, 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. (June 25, 1948, ch. 645, 62 Stat. 763; Pub. L. 91–375, § 6(j)(12), Aug. 12, 1970, 84 Stat. 778; 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., § 339 (Mar. 4, 1909, ch. 321, § 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. Editorial Notes 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’’. Statutory Notes and Related Subsidiaries 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 pre- ceding section 101 of Title 39, Postal Service. § 1343. Fraud by wire, radio, or television Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtain- ing money or property by means of false or fraudulent pretenses, representations, or prom- ises, transmits or causes to be transmitted by means of wire, radio, or television communica- tion in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or arti- fice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, trans- ferred, disbursed, or paid in connection with, a presidentially declared major disaster or emer- gency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), or affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both. (Added July 16, 1952, ch. 879, § 18(a), 66 Stat. 722; amended July 11, 1956, ch. 561, 70 Stat. 523; Pub. L. 101–73, title IX, § 961(j), Aug. 9, 1989, 103 Stat. 500; Pub. L. 101–647, title XXV, § 2504(i), Nov. 29, 1990, 104 Stat. 4861; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 107–204, title IX, § 903(b), July 30, 2002, 116 Stat. 805; Pub. L. 110–179, § 3, Jan. 7, 2008, 121 Stat. 2557.) Editorial Notes AMENDMENTS 2008—Pub. L. 110–179 inserted ‘‘occurs in relation to, or involving any benefit authorized, transported, trans- Page 365 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1345 mitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emer- gency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency As- sistance Act (42 U.S.C. 5122)), or’’ after ‘‘If the viola- tion’’. 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 commu- nication’’. § 1344. Bank fraud 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, cred- its, assets, securities, or other property owned by, or under the custody or control of, a finan- cial institution, by means of false or fraudu- lent pretenses, representations, or promises; shall be fined not more than $1,000,000 or impris- oned not more than 30 years, or both. (Added Pub. L. 98–473, title II, § 1108(a), Oct. 12, 1984, 98 Stat. 2147; amended Pub. L. 101–73, title IX, § 961(k), Aug. 9, 1989, 103 Stat. 500; Pub. L. 101–647, title XXV, § 2504(j), Nov. 29, 1990, 104 Stat. 4861.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–647 substituted ‘‘30’’ for ‘‘20’’ before ‘‘years’’. 1989—Pub. L. 101–73 amended section generally, re- stating former subsec. (a) and striking out former sub- sec. (b) which defined ‘‘federally chartered or insured financial institution’’. Prior to amendment, subsec. (a) read as follows: ‘‘Whoever knowingly executes, or at- tempts to execute, a scheme or artifice— ‘‘(1) to defraud a federally chartered or insured fi- nancial institution; or ‘‘(2) to obtain any of the moneys, funds, credits, as- sets, securities or other property owned by or under the custody or control of a federally chartered or in- sured financial institution by means of false or fraud- ulent pretenses, representations, or promises, shall be fined not more than $10,000, or imprisoned not more than five years, or both.’’ § 1345. Injunctions against fraud (a)(1) If a person is— (A) violating or about to violate this chapter or section 287, 371 (insofar as such violation in- volves a conspiracy to defraud the United States or any agency thereof), or 1001 of this title; (B) committing or about to commit a bank- ing law violation (as defined in section 3322(d) of this title); or (C) committing or about to commit a Fed- eral health care offense; the Attorney General may commence a civil ac- tion in any Federal court to enjoin such viola- tion. (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 prop- erty 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 dis- posing of any such property or property of equivalent value; and (ii) appoint a temporary receiver to admin- ister 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 prac- ticable to the hearing and determination of such an action, and may, at any time before final de- termination, enter such a restraining order or prohibition, or take such other action, as is war- ranted 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 Proce- dure, except that, if an indictment has been re- turned against the respondent, discovery is gov- erned by the Federal Rules of Criminal Proce- dure. (Added Pub. L. 98–473, title II, § 1205(a), Oct. 12, 1984, 98 Stat. 2152; amended Pub. L. 100–690, title VII, § 7077, Nov. 18, 1988, 102 Stat. 4406; Pub. L. 101–647, title XXV, § 2521(b)(2), title XXXV, § 3542, Nov. 29, 1990, 104 Stat. 4865, 4925; Pub. L. 103–322, title XXXIII, § 330011(k), Sept. 13, 1994, 108 Stat. 2145; Pub. L. 104–191, title II, § 247, Aug. 21, 1996, 110 Stat. 2018; Pub. L. 107–273, div. B, title IV, § 4002(b)(14), Nov. 2, 2002, 116 Stat. 1808.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (b), are set out in the Appendix to Title 28, Ju- diciary and Judicial Procedure. The Federal Rules of Criminal Procedure, referred to in subsec. (b), are set out in the Appendix to this title. AMENDMENTS 2002—Subsec. (a)(1)(B). Pub. L. 107–273, § 4002(b)(14)(A), substituted ‘‘; or’’ for ‘‘, or’’ at end. Subsec. (a)(1)(C). Pub. L. 107–273, § 4002(b)(14)(B), sub- stituted semicolon for period at end. 1996—Subsec. (a)(1)(C). Pub. L. 104–191, § 247(a), added subpar. (C). Subsec. (a)(2). Pub. L. 104–191, § 247(b), inserted ‘‘or a Federal health care offense’’ after ‘‘title)’’. 1994—Pub. L. 103–322, § 330011(k), repealed Pub. L. 101–647, § 3542. See 1990 Amendment note below. 1990—Pub. L. 101–647, § 2521(b)(2), added subsec. (a), in- serted 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 viola- tion 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 pro- ceeding in a district court of the United States to en- join such violation.’’