18 U.S.C. § 1341 — Frauds and swindles

Page 363 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1341 (2) to any activity conducted in connection with any such savings promotion raffle, in- cluding, without limitation, to the— (A) transmission of any advertisement, list of prizes, or other information concerning the savings promotion raffle; (B) offering, facilitation, and acceptance of deposits, withdrawals, or other transactions in connection with the savings promotion raffle; (C) transmission of any information relat- ing to the savings promotion raffle, includ- ing account balance and transaction infor- mation; and (D) deposit or transmission of prizes awarded in the savings promotion raffle as well as notification or publication thereof. (b) DEFINITIONS.—In this section— (1) the term ‘‘insured credit union’’ shall have the meaning given the term in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); (2) the term ‘‘insured depository institution’’ shall have the meaning given the term in sec- tion 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and (3) the term ‘‘savings promotion raffle’’ means a contest in which the sole consider- ation required for a chance of winning des- ignated prizes is obtained by the deposit of a specified amount of money in a savings ac- count or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regula- tions that may from time to time be promul- gated by the appropriate prudential regulator (as defined in section 1002 of the Consumer Fi- nancial Protection Act of 2010 (12 U.S.C. 5481)). (Added Pub. L. 113–251, § 4(a), Dec. 18, 2014, 128 Stat. 2890.) CHAPTER 63—MAIL FRAUD AND OTHER FRAUD OFFENSES Sec. 1341. Frauds and swindles. 1342. Fictitious name or address. 1343. Fraud by wire, radio, or television. 1344. Bank fraud. 1345. Injunctions against fraud. 1346. Definition of ‘‘scheme or artifice to defraud’’. 1347. Health care fraud. 1348. Securities and commodities fraud. 1349. Attempt and conspiracy. 1350. Failure of corporate officers to certify finan- cial reports. 1351. Fraud in foreign labor contracting. 1352. Demands by foreign officials for bribes. Editorial Notes AMENDMENTS 2024—Pub. L. 118–78, § 2(b)(2), July 30, 2024, 138 Stat. 1514, added item 1352. 2009—Pub. L. 111–21, § 2(e)(2), May 20, 2009, 123 Stat. 1618, inserted ‘‘and commodities’’ after ‘‘Securities’’ in item 1348. 2008—Pub. L. 110–457, title II, § 222(e)(1), (3), Dec. 23, 2008, 122 Stat. 5070, 5071, inserted ‘‘AND OTHER FRAUD OFFENSES’’ after ‘‘MAIL FRAUD’’ in chapter heading and added item 1351. 2002—Pub. L. 107–204, title VIII, § 807(b), title IX, §§ 902(b), 906(b), July 30, 2002, 116 Stat. 804–806, added items 1348 to 1350. 1996—Pub. L. 104–191, title II, § 242(a)(2), Aug. 21, 1996, 110 Stat. 2016, added item 1347. 1990—Pub. L. 101–647, title XXXV, § 3541, Nov. 29, 1990, 104 Stat. 4925, substituted ‘‘or’’ for ‘‘and’’ in item 1342. 1988—Pub. L. 100–690, title VII, § 7603(b), Nov. 18, 1988, 102 Stat. 4508, added item 1346. 1984—Pub. L. 98–473, title II, §§ 1108(b), 1205(b), Oct. 12, 1984, 98 Stat. 2147, 2153, added items 1344 and 1345. 1952—Act July 16, 1952, ch. 879, § 18(b), 66 Stat. 722, added item 1343. § 1341. Frauds and swindles Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtain- ing money or property by means of false or fraudulent pretenses, representations, or prom- ises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or pro- cure for unlawful use any counterfeit or spu- rious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious arti- cle, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or re- ceives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be de- livered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency (as those terms are de- fined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), or affects a financial institu- tion, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both. (June 25, 1948, ch. 645, 62 Stat. 763; May 24, 1949, ch. 139, § 34, 63 Stat. 94; Pub. L. 91–375, § (6)(j)(11), Aug. 12, 1970, 84 Stat. 778; Pub. L. 101–73, title IX, § 961(i), Aug. 9, 1989, 103 Stat. 500; Pub. L. 101–647, title XXV, § 2504(h), Nov. 29, 1990, 104 Stat. 4861; Pub. L. 103–322, title XXV, § 250006, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2087, 2147; Pub. L. 107–204, title IX, § 903(a), July 30, 2002, 116 Stat. 805; Pub. L. 110–179, § 4, Jan. 7, 2008, 121 Stat. 2557.) HISTORICAL AND REVISION NOTES 1948 ACT Based on title 18, U.S.C., 1940 ed., § 338 (Mar. 4, 1909, ch. 321, § 215, 35 Stat. 1130). The obsolete argot of the underworld was deleted as suggested by Hon. Emerich B. Freed, United States dis- trict judge, in a paper read before the 1944 Judicial Con- ference for the sixth circuit in which he said: A brief reference to § 1341, which proposes to reenact the present section covering the use of the mails to de- fraud. This section is almost a page in length, is in- volved, and contains a great deal of superfluous lan- guage, including such terms as ‘‘sawdust swindle, green Page 364 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1342 articles, green coin, green goods and green cigars.’’ This section could be greatly simplified, and now- meaningless language eliminated. The other surplusage was likewise eliminated and the section simplified without change of meaning. A reference to causing to be placed any letter, etc. in any post office, or station thereof, etc. was omitted as unnecessary because of definition of ‘‘principal’’ in sec- tion 2 of this title. 1949 ACT This section [section 34] corrects a typographical error in section 1341 of title 18, U.S.C. Editorial Notes AMENDMENTS 2008—Pub. L. 110–179 inserted ‘‘occurs in relation to, or involving any benefit authorized, transported, trans- mitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emer- gency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency As- sistance Act (42 U.S.C. 5122)), or’’ after ‘‘If the viola- tion’’. 2002—Pub. L. 107–204 substituted ‘‘20 years’’ for ‘‘five years’’. 1994—Pub. L. 103–322, § 330016(1)(H), substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’ after ‘‘thing, shall be’’. Pub. L. 103–322, § 250006, inserted ‘‘or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier,’’ after ‘‘Postal Service,’’ and ‘‘or such carrier’’ after ‘‘causes to be delivered by mail’’. 1990—Pub. L. 101–647 substituted ‘‘30’’ for ‘‘20’’ before ‘‘years’’. 1989—Pub. L. 101–73 inserted at end ‘‘If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 20 years, or both.’’ 1970—Pub. L. 91–375 substituted ‘‘Postal Service’’ for ‘‘Post Office Department’’. 1949—Act May 24, 1949, substituted ‘‘of’’ for ‘‘or’’ after ‘‘dispose’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note pre- ceding section 101 of Title 39, Postal Service. SHORT TITLE OF 2002 AMENDMENT Pub. L. 107–204, title IX, § 901, July 30, 2002, 116 Stat. 804, provided that: ‘‘This title [enacting sections 1349 and 1350 of this title, amending this section, section 1343 of this title, and section 1131 of Title 29, Labor, and enacting provisions set out as notes under section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the ‘White-Collar Crime Penalty Enhancement Act of 2002’.’’ § 1342. Fictitious name or address Whoever, for the purpose of conducting, pro- moting, or carrying on by means of the Postal Service, any scheme or device mentioned in sec- tion 1341 of this title or any other unlawful busi- ness, uses or assumes, or requests to be ad- dressed by, any fictitious, false, or assumed title, name, or address or name other than his own proper name, or takes or receives from any post office or authorized depository of mail mat- ter, any letter, postal card, package, or other mail matter addressed to any such fictitious, false, or assumed title, name, or address, or name other than his own proper name, shall be fined under this title or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 763; Pub. L. 91–375, § 6(j)(12), Aug. 12, 1970, 84 Stat. 778; 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., § 339 (Mar. 4, 1909, ch. 321, § 216, 35 Stat. 1131). The punishment language used in section 1341 of this title was substituted in lieu of the reference to it in this section. Minor changes in phraseology were made. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. 1970—Pub. L. 91–375 substituted ‘‘Postal Service’’ for ‘‘Post Office Department of the United States’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91–375, set out as an Effective Date note pre- ceding section 101 of Title 39, Postal Service. § 1343. Fraud by wire, radio, or television Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtain- ing money or property by means of false or fraudulent pretenses, representations, or prom- ises, transmits or causes to be transmitted by means of wire, radio, or television communica- tion in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or arti- fice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, trans- ferred, disbursed, or paid in connection with, a presidentially declared major disaster or emer- gency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), or affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both. (Added July 16, 1952, ch. 879, § 18(a), 66 Stat. 722; amended July 11, 1956, ch. 561, 70 Stat. 523; Pub. L. 101–73, title IX, § 961(j), Aug. 9, 1989, 103 Stat. 500; Pub. L. 101–647, title XXV, § 2504(i), Nov. 29, 1990, 104 Stat. 4861; Pub. L. 103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 107–204, title IX, § 903(b), July 30, 2002, 116 Stat. 805; Pub. L. 110–179, § 3, Jan. 7, 2008, 121 Stat. 2557.) Editorial Notes AMENDMENTS 2008—Pub. L. 110–179 inserted ‘‘occurs in relation to, or involving any benefit authorized, transported, trans-