18 U.S.C. § 1027 — False statements and concealment of facts

Page 310 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1027 HISTORICAL AND REVISION NOTES Based on section 1150c(a) of title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 20, 1944, ch. 623, § 4(a), 58 Stat. 837). Words ‘‘of Agriculture’’ were inserted after ‘‘Sec- retary’’ for reasons of identification. Words ‘‘upon conviction thereof’’ were omitted as surplusage, since punishment can not be imposed until after conviction. Other changes were made in phraseology without change of substance. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. § 1027. False statements and concealment of facts in relation to documents required by the Em- ployee Retirement Income Security Act of 1974 Whoever, in any document required by title I of the Employee Retirement Income Security Act of 1974 (as amended from time to time) to be published, or kept as part of the records of any employee welfare benefit plan or employee pen- sion benefit plan, or certified to the adminis- trator of any such plan, makes any false state- ment or representation of fact, knowing it to be false, or knowingly conceals, covers up, or fails to disclose any fact the disclosure of which is re- quired by such title or is necessary to verify, ex- plain, clarify or check for accuracy and com- pleteness any report required by such title to be published or any information required by such title to be certified, shall be fined under this title, or imprisoned not more than five years, or both. (Added Pub. L. 87–420, § 17(c), Mar. 20, 1962, 76 Stat. 42; amended Pub. L. 93–406, title I, § 112(a)(2)(B)(i), (ii), formerly § 111(a)(2)(B)(i), (ii), Sept. 2, 1974, 88 Stat. 851, renumbered § 112(a)(2)(B)(i), (ii), Pub. L. 117–328, div. T, title III, § 320(a)(1), Dec. 29, 2022, 136 Stat. 5354; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) Editorial Notes REFERENCES IN TEXT The Employee Retirement Income Security Act of 1974, referred to in text, is Pub. L. 93–406, Sept. 2, 1974, 88 Stat. 829. Title I of the Employee Retirement Income Security Act of 1974 is classified generally to sub- chapter I (§ 1001 et seq.) of chapter 18 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 29 and Tables. AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. 1974—Pub. L. 93–406, § 112(a)(2)(A)(i), (ii), formerly § 111(a)(2)(A)(i), (ii), as renumbered by Pub. L. 117–328, substituted ‘‘Employee Retirement Income Security Act of 1974’’ for ‘‘Welfare and Pension Plans Disclosure Act’’ in section catchline, and ‘‘title I of the Employee Retirement Income Security Act of 1974’’ and ‘‘title’’ for ‘‘the Welfare and Pension Plans Disclosure Act’’ and ‘‘Act’’, respectively, in text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–328 applicable to plan years beginning after Dec. 31, 2022, see section 320(c) of Pub. L. 117–328, set out as a note under section 414 of Title 26, Internal Revenue Code. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93–406 effective Jan. 1, 1975, except as provided in section 1031(b)(2) of Title 29, Labor, see section 1031(b)(1) of Title 29. EFFECTIVE DATE Section effective 90 days after Mar. 20, 1962, see sec- tion 19 of Pub. L. 87–420, set out as a note under section 664 of this title. § 1028. Fraud and related activity in connection with identification documents, authentica- tion features, and information (a) Whoever, in a circumstance described in subsection (c) of this section— (1) knowingly and without lawful authority produces an identification document, authen- tication feature, or a false identification docu- ment; (2) knowingly transfers an identification document, authentication feature, or a false identification document knowing that such document or feature was stolen or produced without lawful authority; (3) knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification documents (other than those issued lawfully for the use of the possessor), authentication features, or false identification documents; (4) knowingly possesses an identification document (other than one issued lawfully for the use of the possessor), authentication fea- ture, or a false identification document, with the intent such document or feature be used to defraud the United States; (5) knowingly produces, transfers, or pos- sesses a document-making implement or au- thentication feature with the intent such doc- ument-making implement or authentication feature will be used in the production of a false identification document or another docu- ment-making implement or authentication feature which will be so used; (6) knowingly possesses an identification document or authentication feature that is or appears to be an identification document or authentication feature of the United States or a sponsoring entity of an event designated as a special event of national significance which is stolen or produced without lawful authority knowing that such document or feature was stolen or produced without such authority; (7) knowingly transfers, possesses, or uses, without lawful authority, a means of identi- fication of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law; or (8) knowingly traffics in false or actual au- thentication features for use in false identi- fication documents, document-making imple- ments, or means of identification;