18 U.S.C. § 1909 — Examiner performing other services

Page 463 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1911 1959—Pub. L. 86–168 substituted ‘‘Federal land bank associations’’ for ‘‘national farm loan association’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1959 AMENDMENT Amendment by Pub. L. 86–168 effective Dec. 31, 1959, see section 104(k) of Pub. L. 86–168. ABOLITION OF OFFICE OF LAND BANK COMMISSIONER The office of Land Bank Commissioner was abolished by section 636f of Title 12, Banks and Banking. [§ 1908. Repealed. Pub. L. 103–322, title XXXIII, § 330004(11), Sept. 13, 1994, 108 Stat. 2141] Section, acts June 25, 1948, ch. 645, 62 Stat. 792; Sept. 13, 1994, Pub. L. 103–322, title XXXIII, § 330016(1)(K), 108 Stat. 2147, related to disclosure of information by Na- tional Agricultural Credit Corporation examiner. § 1909. Examiner performing other services Whoever, being a national-bank examiner, Federal Deposit Insurance Corporation exam- iner, or farm credit examiner, performs any other service, for compensation, for any bank or banking or loan association, or for any officer, director, or employee thereof, or for any person connected therewith in any capacity, shall be fined under this title or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 792; Pub. L. 103–322, title XXXIII, §§ 330004(12), 330016(1)(K), Sept. 13, 1994, 108 Stat. 2142, 2147.) HISTORICAL AND REVISION NOTES Based on sections 594, 656a, 952, 981, 1093, 1124, 1243, and 1314 of title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 23, 1913, ch. 6, § 22, fourth sentence of first para- graph, and third sentence of second paragraph, 38 Stat. 272; July 17, 1916, ch. 245, §§ 28, 31 [third sentence of first paragraph], 39 Stat. 381, 383; July 17, 1916, ch. 245, §§ 208(c), 211(d), second sentence, as added Mar. 4, 1923, ch. 252, § 2, 42 Stat. 1459, 1460; Sept. 26, 1918, ch. 177, § 5 [‘‘22(b)’’] 40 Stat. 970; Mar. 4, 1923, ch. 252, title II, §§ 209(c), 216(d) [second sentence], 42 Stat. 1468, 1472; Ex. Ord. No. 6084, Mar. 27, 1933; June 16, 1933, ch. 98, § 80(a), 48 Stat. 273; Aug. 23, 1935, ch. 614, § 326(b), 49 Stat. 716; Aug. 19, 1937, ch. 704, § 20, 50 Stat. 710). Section 594 of title 12, U.S.C., 1940 ed., Banks and Banking, first paragraph, related to national-bank ex- aminers and Federal Deposit Insurance Corporation ex- aminers, and provided punishment for several offenses including the offense of performing services, for com- pensation, other than their regular duties. Section 656a of said title 12 is authority for the designation ‘‘farm credit examiner’’ included in this section, and section 1093 of said title authorizes farm credit examiners to conduct examinations in connection with contemplated transactions of Federal intermediate credit banks, to which section 1124 of said title relates. Sections 981 and 1124 of title 12, U.S.C., 1940 ed., Banks and Banking, which relate to farm credit exam- iners, and section 1314 of said title, which relates to Na- tional Agricultural Credit Corporation examiners, all prohibit the performance of services, for compensation, other than regular duties. They do not specifically pro- vide punishment for violation of such prohibition, but the provisions of said section 594 of said title, relating to national-bank examiners and Federal Deposit Insur- ance Corporation examiners, which does provide pun- ishment for the same offense, are extended to the former two types of examiners by sections 952 and 1243 thereof. The remaining provisions of sections 594, 981, 1124, and 1314 of title 12, U.S.C., 1940 ed., Banks and Banking, relating to unlawful disclosure of the names of bor- rowers or the collateral for loans, false statements in applications for loans, overvaluation of securities, and acceptance of loans or gratuities, were separated and transferred according to subject matter to sections 218, 1014, 1906–1908 of this title, where, insofar as possible, they were consolidated with similar provisions from other sections. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322, § 330016(1)(K), substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. Pub. L. 103–322, § 330004(12), inserted ‘‘or’’ before ‘‘farm credit examiner’’ and struck out ‘‘or an examiner of National Agricultural Credit Corporations,’’ before ‘‘performs any other service’’. § 1910. Nepotism in appointment of receiver or trustee Whoever, being a judge of any court of the United States, appoints as receiver, or trustee, any person related to such judge by consan- guinity, or affinity, within the fourth degree— Shall be fined under this title or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 792; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on section 531 of title 28, U.S.C., 1940 ed., Judi- cial Code and Judiciary (Aug. 25, 1937, ch. 777, 50 Stat. 810). Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’ in last par. § 1911. Receiver mismanaging property Whoever, being a receiver, trustee, or manager in possession of any property in any cause pend- ing in any court of the United States, willfully fails to manage and operate such property ac- cording to the requirements of the valid laws of the State in which such property shall be situ- ated, in the same manner that the owner or pos- sessor thereof would be bound to do if in posses- sion thereof, shall be fined under this title or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 792; Pub. L. 103–322, title XXXIII, § 330016(1)(J), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based upon section 124 of title 28, U.S.C., 1940 ed., Ju- dicial Code and Judiciary (Mar. 3, 1911, ch. 231, § 65, 36 Stat. 1104). Word ‘‘trustee’’ was inserted after ‘‘receiver’’ so as to make it clear that persons holding such office are in- cluded in the enumeration of court officers who are subject to the provisions of this section. Changes were made in phraseology and arrangement, but without change of substance or meaning. Other provisions of section 124 of title 28, U.S.C., 1940 ed., were retained in that title.