18 U.S.C. § 214 — Offer for procurement of Federal Reserve

Page 81 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 215 1 So in original. plicable to credit card accounts or residen- tial real property loans offered by the same financial institution to other borrowers cardholders 1 in comparable circumstances under open end consumer credit plans or for residential real property loans; and (C) with respect to residential real prop- erty loans, the loan is with respect to the primary residence of the applicant. (Added Pub. L. 108–198, § 2(a), Dec. 19, 2003, 117 Stat. 2899; amended Pub. L. 110–289, div. A, title II, § 1216(c), July 30, 2008, 122 Stat. 2792; Pub. L. 111–203, title III, § 377(1), July 21, 2010, 124 Stat. 1569.) Editorial Notes PRIOR PROVISIONS A prior section 212, acts June 25, 1948, ch. 645, 62 Stat. 694, § 212, formerly § 217; Pub. L. 85–699, title VII, § 701(a), Aug. 21, 1958, 72 Stat. 698; Pub. L. 86–168, title I, § 104(h), Aug. 18, 1959, 73 Stat. 387; renumbered § 212, Pub. L. 87–849, § 1(d), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 101–73, title IX, § 962(a)(1), Aug. 9, 1989, 103 Stat. 501; Pub. L. 101–647, title XXV, § 2597(b), Nov. 29, 1990, 104 Stat. 4908; Pub. L. 103–322, title XXXIII, §§ 330004(1), 330010(1), 330016(1)(K), Sept. 13, 1994, 108 Stat. 2141, 2143, 2147, re- lated to offer of loan or gratuity to bank examiner, prior to repeal by Pub. L. 108–198, § 2(a), Dec. 19, 2003, 117 Stat. 2899. Another prior section 212, act June 25, 1948, ch. 645, 62 Stat. 693, related to an offer or threat to a customs offi- cer or employee, prior to the general amendment to this chapter by Pub. L. 87–849 and is substantially cov- ered by revised section 201. AMENDMENTS 2010—Subsec. (c)(2)(C) to (H). Pub. L. 111–203 redesig- nated subpars. (D) to (H) as (C) to (G), respectively, and struck out former subpar. (C) which read as follows: ‘‘the Office of Thrift Supervision;’’. 2008—Subsec. (c)(2)(E). Pub. L. 110–289 substituted ‘‘Federal Housing Finance Agency’’ for ‘‘Federal Hous- ing Finance Board’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–203 effective on the trans- fer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress. § 213. Acceptance of loan or gratuity by financial institution examiner (a) IN GENERAL.—Whoever, being an examiner or assistant examiner, accepts a loan or gra- tuity from any bank, branch, agency, organiza- tion, corporation, association, or institution ex- amined by the examiner or from any person con- nected with it, shall— (1) be fined under this title, imprisoned not more than 1 year, or both; (2) may be fined a further sum equal to the money so loaned or gratuity given; and (3) shall be disqualified from holding office as an examiner. (b) DEFINITIONS.—In this section, the terms ‘‘examiner’’, ‘‘Federal financial institution regu- latory agency’’, ‘‘financial institution’’, and ‘‘loan’’ have the same meanings as in section 212. (Added Pub. L. 108–198, § 2(a), Dec. 19, 2003, 117 Stat. 2900.) Editorial Notes PRIOR PROVISIONS A prior section 213, acts June 25, 1948, ch. 645, 62 Stat. 695, § 213, formerly § 218; Pub. L. 85–699, title VII, § 701(b), Aug. 21, 1958, 72 Stat. 698; renumbered § 213, Pub. L. 87–849, § 1(d), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 101–73, title IX, § 962(a)(2), Aug. 9, 1989, 103 Stat. 502; Pub. L. 101–647, title XXV, § 2597(c), Nov. 29, 1990, 104 Stat. 4909; Pub. L. 103–322, title XXXIII, §§ 330004(2), 330016(1)(K), Sept. 13, 1994, 108 Stat. 2141, 2147, related to acceptance of loan or gratuity by bank examiner, prior to repeal by Pub. L. 108–198, § 2(a), Dec. 19, 2003, 117 Stat. 2899. Another prior section 213, act June 25, 1948, ch. 645, 62 Stat. 693, related to the acceptance or demand of a bribe by a customs officer or employee, prior to the general amendment to this chapter by Pub. L. 87–849 and is substantially covered by revised section 201. § 214. Offer for procurement of Federal Reserve bank loan and discount of commercial paper Whoever stipulates for or gives or receives, or consents or agrees to give or receive, any fee, commission, bonus, or thing of value for pro- curing or endeavoring to procure from any Fed- eral Reserve bank any advance, loan, or exten- sion of credit or discount or purchase of any ob- ligation or commitment with respect thereto, either directly from such Federal Reserve bank or indirectly through any financing institution, unless such fee, commission, bonus, or thing of value and all material facts with respect to the arrangement or understanding therefor shall be disclosed in writing in the application or request for such advance, loan, extension of credit, dis- count, purchase, or commitment, shall be fined under this title or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 695, § 214, formerly § 219; renumbered § 214, Pub. L. 87–849, § 1(d), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on section 599 of title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 23, 1913, ch. 6, § 22(k), as added by act June 19, 1934, ch. 653, § 3, 48 Stat. 1108). Final sentence of said section 599, imposing civil li- ability on violators, was omitted as unnecessary, being merely a declaration of that rule of common law which in the absence of statute fixes civil liability on the wrongdoer. Minor changes were made in phraseology. Editorial Notes PRIOR PROVISIONS A prior section 214 of this title was renumbered sec- tion 210. AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. § 215. Receipt of commissions or gifts for pro- curing loans (a) Whoever— (1) corruptly gives, offers, or promises any- thing of value to any person, with intent to in-