18 U.S.C. § 891 — Definitions and rules of construction

Page 213 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 891 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganiza- tion Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 880. Receiving the proceeds of extortion A person who receives, possesses, conceals, or disposes of any money or other property which was obtained from the commission of any of- fense under this chapter that is punishable by imprisonment for more than 1 year, knowing the same to have been unlawfully obtained, shall be imprisoned not more than 3 years, fined under this title, or both. (Added Pub. L. 103–322, title XXXII, § 320601(a)(1), Sept. 13, 1994, 108 Stat. 2115.) CHAPTER 42—EXTORTIONATE CREDIT TRANSACTIONS Sec. 891. Definitions and rules of construction. 892. Making extortionate extensions of credit. 893. Financing extortionate extensions of credit. 894. Collection of extensions of credit by extor- tionate means. [895. Repealed.] 896. Effect on State laws. Editorial Notes AMENDMENTS 1970—Pub. L. 91–452, title II, § 223(b), Oct. 15, 1970, 84 Stat. 929, struck out item 895 ‘‘Immunity of witnesses’’. 1968—Pub. L. 90–321, title II, § 202(a), May 29, 1968, 82 Stat. 159, added chapter 42 and items 891 to 896. § 891. Definitions and rules of construction For the purposes of this chapter: (1) To extend credit means to make or renew any loan, or to enter into any agreement, tacit or express, whereby the repayment or satisfac- tion of any debt or claim, whether acknowledged or disputed, valid or invalid, and however aris- ing, may or will be deferred. (2) The term ‘‘creditor’’, with reference to any given extension of credit, refers to any person making that extension of credit, or to any per- son claiming by, under, or through any person making that extension of credit. (3) The term ‘‘debtor’’, with reference to any given extension of credit, refers to any person to whom that extension of credit is made, or to any person who guarantees the repayment of that extension of credit, or in any manner under- takes to indemnify the creditor against loss re- sulting from the failure of any person to whom that extension of credit is made to repay the same. (4) The repayment of any extension of credit includes the repayment, satisfaction, or dis- charge in whole or in part of any debt or claim, acknowledged or disputed, valid or invalid, re- sulting from or in connection with that exten- sion of credit. (5) To collect an extension of credit means to induce in any way any person to make repay- ment thereof. (6) An extortionate extension of credit is any extension of credit with respect to which it is the understanding of the creditor and the debtor at the time it is made that delay in making re- payment or failure to make repayment could re- sult in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person. (7) An extortionate means is any means which involves the use, or an express or implicit threat of use, of violence or other criminal means to cause harm to the person, reputation, or prop- erty of any person. (8) The term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, and territories and possessions of the United States. (9) State law, including conflict of laws rules, governing the enforceability through civil judi- cial processes of repayment of any extension of credit or the performance of any promise given in consideration thereof shall be judicially no- ticed. This paragraph does not impair any au- thority which any court would otherwise have to take judicial notice of any matter of State law. (Added Pub. L. 90–321, title II, § 202(a), May 29, 1968, 82 Stat. 160.) Statutory Notes and Related Subsidiaries CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE Pub. L. 90–321, title II, § 201, May 29, 1968, 82 Stat. 159, provided that: ‘‘(a) The Congress makes the following findings: ‘‘(1) Organized crime is interstate and international in character. Its activities involve many billions of dollars each year. It is directly responsible for mur- ders, willful injuries to person and property, corrup- tion of officials, and terrorization of countless citi- zens. A substantial part of the income of organized crime is generated by extortionate credit trans- actions. ‘‘(2) Extortionate credit transactions are character- ized by the use, or the express or implicit threat of the use, of violence or other criminal means to cause harm to person, reputation, or property as a means of enforcing repayment. Among the factors which have rendered past efforts at prosecution almost wholly in- effective has been the existence of exclusionary rules of evidence stricter than necessary for the protection of constitutional rights. ‘‘(3) Extortionate credit transactions are carried on to a substantial extent in interstate and foreign com- merce and through the means and instrumentalities of such commerce. Even where extortionate credit transactions are purely intrastate in character, they nevertheless directly affect interstate and foreign commerce. ‘‘(4) Extortionate credit transactions directly im- pair the effectiveness and frustrate the purposes of the laws enacted by the Congress on the subject of bankruptcies. ‘‘(b) On the basis of the findings stated in subsection (a) of this section, the Congress determines that the provisions of chapter 42 of title 18 of the United States Code are necessary and proper for the purpose of car- rying into execution the powers of Congress to regulate commerce and to establish uniform and effective laws on the subject of bankruptcy.’’ ANNUAL REPORT TO CONGRESS BY ATTORNEY GENERAL Pub. L. 90–321, title II, § 203, May 29, 1968, 82 Stat. 162, directed Attorney General to make an annual report to Congress of activities of Department of Justice in en- forcement of this chapter, prior to repeal by Pub. L. 97–375, title I, § 109(b), Dec. 21, 1982, 96 Stat. 1820. Page 214 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 892 § 892. Making extortionate extensions of credit (a) Whoever makes any extortionate extension of credit, or conspires to do so, shall be fined under this title or imprisoned not more than 20 years, or both. (b) In any prosecution under this section, if it is shown that all of the following factors were present in connection with the extension of credit in question, there is prima facie evidence that the extension of credit was extortionate, but this subsection is nonexclusive and in no way limits the effect or applicability of sub- section (a): (1) The repayment of the extension of credit, or the performance of any promise given in consideration thereof, would be unenforceable, through civil judicial processes against the debtor (A) in the jurisdiction within which the debtor, if a natural person, resided or (B) in every jurisdiction within which the debtor, if other than a natural person, was incorporated or qualified to do business at the time the extension of credit was made. (2) The extension of credit was made at a rate of interest in excess of an annual rate of 45 per centum calculated according to the ac- tuarial method of allocating payments made on a debt between principal and interest, pur- suant to which a payment is applied first to the accumulated interest and the balance is applied to the unpaid principal. (3) At the time the extension of credit was made, the debtor reasonably believed that ei- ther (A) one or more extensions of credit by the creditor had been collected or attempted to be collected by extortionate means, or the nonrepayment thereof had been punished by extortionate means; or (B) the creditor had a reputation for the use of extortionate means to collect exten- sions of credit or to punish the nonrepay- ment thereof. (4) Upon the making of the extension of credit, the total of the extensions of credit by the creditor to the debtor then outstanding, including any unpaid interest or similar charges, exceeded $100. (c) In any prosecution under this section, if evidence has been introduced tending to show the existence of any of the circumstances de- scribed in subsection (b)(1) or (b)(2), and direct evidence of the actual belief of the debtor as to the creditor’s collection practices is not avail- able, then for the purpose of showing the under- standing of the debtor and the creditor at the time the extension of credit was made, the court may in its discretion allow evidence to be intro- duced tending to show the reputation as to col- lection practices of the creditor in any commu- nity of which the debtor was a member at the time of the extension. (Added Pub. L. 90–321, title II, § 202(a), May 29, 1968, 82 Stat. 160; amended Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. § 893. Financing extortionate extensions of credit Whoever willfully advances money or prop- erty, whether as a gift, as a loan, as an invest- ment, pursuant to a partnership or profit-shar- ing agreement, or otherwise, to any person, with reasonable grounds to believe that it is the in- tention of that person to use the money or prop- erty so advanced directly or indirectly for the purpose of making extortionate extensions of credit, shall be fined under this title or an amount not exceeding twice the value of the money or property so advanced, whichever is greater, or shall be imprisoned not more than 20 years, or both. (Added Pub. L. 90–321, title II, § 202(a), May 29, 1968, 82 Stat. 161; amended Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. § 894. Collection of extensions of credit by extor- tionate means (a) Whoever knowingly participates in any way, or conspires to do so, in the use of any ex- tortionate means (1) to collect or attempt to collect any ex- tension of credit, or (2) to punish any person for the nonrepay- ment thereof, shall be fined under this title or imprisoned not more than 20 years, or both. (b) In any prosecution under this section, for the purpose of showing an implicit threat as a means of collection, evidence may be introduced tending to show that one or more extensions of credit by the creditor were, to the knowledge of the person against whom the implicit threat was alleged to have been made, collected or at- tempted to be collected by extortionate means or that the nonrepayment thereof was punished by extortionate means. (c) In any prosecution under this section, if evidence has been introduced tending to show the existence, at the time the extension of cred- it in question was made, of the circumstances described in section 892(b)(1) or the cir- cumstances described in section 892(b)(2), and di- rect evidence of the actual belief of the debtor as to the creditor’s collection practices is not available, then for the purpose of showing that words or other means of communication, shown to have been employed as a means of collection, in fact carried an express or implicit threat, the court may in its discretion allow evidence to be introduced tending to show the reputation of the defendant in any community of which the per- son against whom the alleged threat was made was a member at the time of the collection or attempt at collection.