18 U.S.C. § 1023 — Insufficient delivery of money or property

Page 308 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1021 terials furnished or to be furnished, in connection with the construction’’ for ‘‘for work or materials for the construction’’; and in third par. substituted ‘‘as to a material fact in any statement, certificate, or report submitted pursuant to the provisions of the Federal- Aid Road Act approved July 11, 1916 (39 Stat. 355), as amended and supplemented’’ for ‘‘in any report re- quired under Title 23, with intent to defraud the United States’’. 1951—Act Oct. 31, 1951, substituted ‘‘Secretary of Commerce’’ for ‘‘Secretary of Agriculture’’ in first and second pars. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89–670 effective Apr. 1, 1967, as prescribed by President and published in Federal Reg- ister, see section 16(a), formerly § 15(a), of Pub. L. 89–670 and Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453. Statutory Notes and Executive Documents TRANSFER OF FUNCTIONS The Bureau of Public Roads, which is the principal road building agency of the Federal Government, and which was formerly under the Department of Agri- culture, was redesignated the Public Roads Administra- tion and, with its functions, transferred to the Federal Works Agency, and the functions of the Secretary of Agriculture, with respect thereto, were transferred to the Federal Works Administrator, by Reorg. Plan No. 1 of 1939, §§ 301, 302, eff. July 1, 1939, 4 F.R. 2727, 53 Stat. 1426, set out in the Appendix to Title 5, Government Or- ganization and Employees. Act June 30, 1949, ch. 288, title I, § 103, 63 Stat. 380, (see Historical and Revision Notes under section 303(b) of Title 40, Public Buildings, Property, and Works), abolished the Federal Works Agency, transferred its functions, the functions of all agencies thereof, the functions of the Federal Works Administrator, and the functions of the Commissioner of Public Roads, to the Administrator of General Serv- ices, and transferred the Public Roads Administration, which it redesignated the Bureau of Public Roads, to the General Services Administration. Reorg. Plan No. 7 of 1949, eff. Aug. 19, 1949, 14 F.R. 5228, 63 Stat. 1070, set out in the Appendix to Title 5, Government Organiza- tion and Employees, transferred such bureau and its functions and personnel to the Department of Com- merce, and transferred the functions of the Adminis- trator of General Services, with respect thereto, to the Secretary of Commerce, to be performed by him or, subject to his direction and control, by such officers, employees and agencies of the Department of Com- merce as he should designate. Reorg. Plan No. 5 of 1950, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees, transferred, with certain exceptions not ap- plicable to this section, all functions of all other offi- cers of the Department of Commerce, and all functions of all agencies and employees of such Department, to the Secretary of Commerce, with power vested in him to authorize their performance, or the performance of any of his functions, by any of such other officers, or by any agency or employee of the Department of Com- merce. Section 303(b) of Title 40 was amended generally by Pub. L. 109–313, § 2(a)(1), Oct. 6, 2006, 120 Stat. 1734, and, as so amended, no longer relates to the Federal Works Agency and Commissioner of Public Buildings. See 2006 Amendment note under section 303 of Title 40. § 1021. Title records Whoever, being an officer or other person au- thorized by any law of the United States to record a conveyance of real property or any other instrument which by such law may be re- corded, knowingly certifies falsely that such conveyance or instrument has or has not been recorded, shall be fined under this title or im- prisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 754; 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., § 194 (Mar. 4, 1909, ch. 321, § 105, 35 Stat. 1107). Words ‘‘five years’’ were substituted for ‘‘seven years’’ as more in conformity with comparable sections of this chapter. Minor change was made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. § 1022. Delivery of certificate, voucher, receipt for military or naval property Whoever, being authorized to make or deliver any certificate, voucher, receipt, or other paper certifying the receipt of arms, ammunition, pro- visions, clothing, or other property used or to be used in the military or naval service, makes or delivers the same to any other person without a full knowledge of the truth of the facts stated therein and with intent to defraud the United States, or any agency thereof, shall be fined under this title or imprisoned not more than ten years, or both. (June 25, 1948, ch. 645, 62 Stat. 754; 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., § 84 (Mar. 4, 1909, ch. 321, § 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52 Stat. 197). Word ‘‘agency’’ was substituted for ‘‘department’’ so as to eliminate any possible ambiguity as to scope of section. (See definitions of ‘‘department’’ and ‘‘agency’’ in section 6 of this title.) Words ‘‘or any corporation in which the United States of America is a stockholder’’ were omitted as unnecessary in view of definition of ‘‘agency’’ in sec- tion 6 of this title. 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’’. § 1023. Insufficient delivery of money or property for military or naval service Whoever, having charge, possession, custody, or control of any money or other public property used or to be used in the military or naval serv- ice, with intent to defraud the United States, or any agency thereof, or any corporation in which the United States has a proprietary interest, or intending to conceal such money or other prop- erty, delivers to any person having authority to receive the same any amount of such money or other property less than that for which he re- ceived a certificate or took a receipt, shall be fined under this title or imprisoned not more than ten years, or both. Page 309 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1026 (June 25, 1948, ch. 645, 62 Stat. 754; 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., § 85 (Mar. 4, 1909, ch. 321, § 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52 Stat. 197). Word ‘‘agency’’ was substituted for ‘‘department’’ so as to eliminate any possible ambiguity as to scope of section. (See definitions of ‘‘department’’ and ‘‘agency’’ in section 6 of this title.) Reference to persons causing or procuring was omit- ted as unnecessary in view of definition of ‘‘principal’’ in section 2 of this title. 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’’. § 1024. Purchase or receipt of military, naval, or veteran’s facilities property Whoever purchases, or receives in pledge from any person any arms, equipment, ammunition, clothing, military stores, or other property fur- nished by the United States under a clothing al- lowance or otherwise, to any member of the Armed Forces of the United States or of the Na- tional Guard or Naval Militia, or to any person accompanying, serving, or retained with the land or naval forces and subject to military or naval law, or to any former member of such Armed Forces at or by any hospital, home, or fa- cility maintained by the United States, having knowledge or reason to believe that the prop- erty has been taken from the possession of or furnished by the United States under such al- lowance, or otherwise, shall be fined under this title or imprisoned not more than two years, or both. (June 25, 1948, ch. 645, 62 Stat. 754; Pub. L. 103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 86 (Mar. 4, 1909, ch. 321, § 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52 Stat. 197; Apr. 30, 1940, ch. 164, 54 Stat. 171). Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $500’’. § 1025. False pretenses on high seas and other waters Whoever, upon any waters or vessel within the special maritime and territorial jurisdiction of the United States, by any fraud, or false pre- tense, obtains from any person anything of value, or procures the execution and delivery of any instrument of writing or conveyance of real or personal property, or the signature of any person, as maker, endorser, or guarantor, to or upon any bond, bill, receipt, promissory note, draft, or check, or any other evidence of indebt- edness, or fraudulently sells, barters, or disposes of any bond, bill, receipt, promissory note, draft, or check, or other evidence of indebtedness, for value, knowing the same to be worthless, or knowing the signature of the maker, endorser, or guarantor thereof to have been obtained by any false pretenses, shall be fined under this title or imprisoned not more than five years, or both; but if the amount, value or the face value of anything so obtained does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 755; May 24, 1949, ch. 139, § 22, 63 Stat. 92; Pub. L. 103–322, title XXXIII, § 330016(1)(H), (K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, § 606(a), Oct. 11, 1996, 110 Stat. 3511.) HISTORICAL AND REVISION NOTES 1948 ACT Based on title 18, U.S.C., 1940 ed., § 467a (Mar. 4, 1909, ch. 321, § 288A, as added Aug. 5, 1939, ch. 434, 53 Stat. 1205). Words ‘‘upon any waters or vessel within the special maritime and territorial jurisdiction of the United States’’ were substituted for ‘‘upon the high seas or on any waters within the admiralty and maritime jurisdic- tion of the United States and out of the jurisdiction of any particular State, or within the admiralty and mar- itime jurisdiction of the United States and out of the jurisdiction of any particular State on board any vessel belonging in whole or in part to the United States or any citizen thereof or to any corporation created by or under the laws of the United States, or of any State, Territory, or District thereof’’, near beginning of sec- tion. The deleted words are not necessary in view of de- finitive section 7 of this title. Words ‘‘whatsoever with intent to defraud’’ were omitted as being included in the preceding term ‘‘false pretenses’’. The punishment provision was revised to include a misdemeanor punishment (not more than $1,000 or one year, or both) where the offense involves $100 or less. (See reviser’s notes under sections 641 and 645 of this title.) 1949 ACT This section [section 22] corrects a typographical error in section 1025 of title 18, U.S.C. Editorial Notes AMENDMENTS 1996—Pub. L. 104–294 substituted ‘‘$1,000’’ for ‘‘$100’’. 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’ after ‘‘pretenses, shall be’’ and for ‘‘fined not more than $1,000’’ after ‘‘he shall be’’. 1949—Act May 24, 1949, corrected spelling of ‘‘pre- tense’’. § 1026. Compromise, adjustment, or cancellation of farm indebtedness Whoever knowingly makes any false state- ment for the purpose of influencing in any way the action of the Secretary of Agriculture, or of any person acting under his authority, in con- nection with any compromise, adjustment, or cancellation of any farm indebtedness as pro- vided by sections 1150, 1150a, and 1150b of Title 12, shall be fined under this title or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 755; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)