18 U.S.C. § 514 — Fictitious obligations

Page 135 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 514 1 See 1994 Amendment note below. 2 See References in Text note below. (3) the remission or mitigation of such for- feiture; and (4) the compromise of claims and the award of compensation to informers with respect to such forfeiture; shall apply to seizures and forfeitures under this section, to the extent that such provisions are not inconsistent with this section. The duties of the collector of customs or any other person with respect to seizure and forfeiture under such provisions shall be performed under this section by such persons as may be designated by the At- torney General. (c) As used in this section, the terms ‘‘identi- fication number’’, ‘‘motor vehicle’’, and ‘‘motor vehicle scrap processor’’ have the meanings given those terms in section 511 of this title. (Added Pub. L. 98–547, title II, § 201(a), Oct. 25, 1984, 98 Stat. 2769; amended Pub. L. 103–272, § 5(e)(4), July 5, 1994, 108 Stat. 1373.) Editorial Notes AMENDMENTS 1994—Subsec. (a)(2)(A). Pub. L. 103–272 substituted ‘‘chapter 301 title 49’’ for ‘‘the National Traffic and Motor Vehicle Safety Act of 1966’’. § 513. Securities of the States and private entities (a) Whoever makes, utters or possesses a coun- terfeited security of a State or a political sub- division thereof or of an organization, or who- ever makes, utters or possesses a forged security of a State or political subdivision thereof or of an organization, with intent to deceive another person, organization, or government shall be fined under this title 1 or imprisoned for not more than ten years, or both. (b) Whoever makes, receives, possesses, sells or otherwise transfers an implement designed for or particularly suited for making a counter- feit or forged security with the intent that it be so used shall be punished by a fine under this title or by imprisonment for not more than ten years, or both. (c) For purposes of this section— (1) the term ‘‘counterfeited’’ means a docu- ment that purports to be genuine but is not, because it has been falsely made or manufac- tured in its entirety; (2) the term ‘‘forged’’ means a document that purports to be genuine but is not because it has been falsely altered, completed, signed, or endorsed, or contains a false addition there- to or insertion therein, or is a combination of parts of two or more genuine documents; (3) the term ‘‘security’’ means— (A) a note, stock certificate, treasury stock certificate, bond, treasury bond, de- benture, certificate of deposit, interest cou- pon, bill, check, draft, warrant, debit instru- ment as defined in section 916(c) 2 of the Electronic Fund Transfer Act, money order, traveler’s check, letter of credit, warehouse receipt, negotiable bill of lading, evidence of indebtedness, certificate of interest in or participation in any profit-sharing agree- ment, collateral-trust certificate, pre-reor- ganization certificate of subscription, trans- ferable share, investment contract, voting trust certificate, or certificate of interest in tangible or intangible property; (B) an instrument evidencing ownership of goods, wares, or merchandise; (C) any other written instrument com- monly known as a security; (D) a certificate of interest in, certificate of participation in, certificate for, receipt for, or warrant or option or other right to subscribe to or purchase, any of the fore- going; or (E) a blank form of any of the foregoing; (4) the term ‘‘organization’’ means a legal entity, other than a government, established or organized for any purpose, and includes a corporation, company, association, firm, part- nership, joint stock company, foundation, in- stitution, society, union, or any other associa- tion of persons which operates in or the activi- ties of which affect interstate or foreign com- merce; and (5) the term ‘‘State’’ includes a State of the United States, the District of Columbia, Puer- to Rico, Guam, the Virgin Islands, and any other territory or possession of the United States. (Added Pub. L. 98–473, title II, § 1105(a), Oct. 12, 1984, 98 Stat. 2144, § 511; renumbered § 513, Pub. L. 99–646, § 31(a), Nov. 10, 1986, 100 Stat. 3598; amend- ed Pub. L. 101–647, title XXXV, § 3515, Nov. 29, 1990, 104 Stat. 4923; Pub. L. 103–322, title XXXIII, §§ 330008(1), 330016(2)(C), Sept. 13, 1994, 108 Stat. 2142, 2148.) Editorial Notes REFERENCES IN TEXT Section 916 of the Electronic Fund Transfer Act, re- ferred to in subsec. (c)(3)(A), was renumbered section 917 by Pub. L. 111–24, title IV, § 401(1), May 22, 2009, 123 Stat. 1751, and is classified to section 1693n of Title 15, Commerce and Trade. AMENDMENTS 1994—Subsec. (a). Pub. L. 103–322, § 330016(2)(C), which directed the amendment of this section by substituting ‘‘under this title’’ for ‘‘of not more than $250,000’’, was executed by making the substitution for ‘‘not more than $250,000’’, to reflect the probable intent of Con- gress. Subsec. (b). Pub. L. 103–322, § 330016(2)(C), substituted ‘‘fine under this title’’ for ‘‘fine of not more than $250,000’’. Subsec. (c)(4). Pub. L. 103–322, § 330008(1), substituted ‘‘association of persons’’ for ‘‘association or persons’’. 1990—Subsec. (c)(3)(A). Pub. L. 101–647 struck out ‘‘(15 U.S.C. 1693(c))’’ after ‘‘Electronic Fund Transfer Act’’ and inserted comma after ‘‘profit-sharing agreement’’. § 514. Fictitious obligations (a) Whoever, with the intent to defraud— (1) draws, prints, processes, produces, pub- lishes, or otherwise makes, or attempts or causes the same, within the United States; (2) passes, utters, presents, offers, brokers, issues, sells, or attempts or causes the same, or with like intent possesses, within the United States; or (3) utilizes interstate or foreign commerce, including the use of the mails or wire, radio, Page 136 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 521 or other electronic communication, to trans- mit, transport, ship, move, transfer, or at- tempts or causes the same, to, from, or through the United States, any false or fictitious instrument, document, or other item appearing, representing, purporting, or contriving through scheme or artifice, to be an actual security or other financial instrument issued under the authority of the United States, a foreign government, a State or other political subdivision of the United States, or an organiza- tion, shall be guilty of a class B felony. (b) For purposes of this section, any term used in this section that is defined in section 513(c) has the same meaning given such term in sec- tion 513(c). (c) The United States Secret Service, in addi- tion to any other agency having such authority, shall have authority to investigate offenses under this section. (Added Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 648(b)(1)], title II, § 2603(b)(1), Sept. 30, 1996, 110 Stat. 3009–314, 3009–367, 3009–470.) Editorial Notes CODIFICATION Sections 101(f) [title VI, § 648(b)(1)] and 2603(b)(1) of div. A of Pub. L. 104–208 added identical sections 514. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Sept. 30, 1996, and to remain in ef- fect for each fiscal year following Sept. 30, 1996, see sec- tion 101(f) [title VI, § 648(c)] of Pub. L. 104–208, set out as an Effective Date of 1996 Amendment note under sec- tion 474 of this title. TRANSFER OF FUNCTIONS For transfer of the functions, personnel, assets, and obligations of the United States Secret Service, includ- ing the functions of the Secretary of the Treasury re- lating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 381, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganiza- tion Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. CHAPTER 26—CRIMINAL STREET GANGS Sec. 521. Criminal street gangs. Editorial Notes AMENDMENTS 1996—Pub. L. 104–294, title VI, § 604(a)(2), Oct. 11, 1996, 110 Stat. 3506, added chapter analysis. § 521. Criminal street gangs (a) DEFINITIONS.— ‘‘conviction’’ includes a finding, under State or Federal law, that a person has committed an act of juvenile delinquency involving a vio- lent or controlled substances felony. ‘‘criminal street gang’’ means an ongoing group, club, organization, or association of 5 or more persons— (A) that has as 1 of its primary purposes the commission of 1 or more of the criminal offenses described in subsection (c); (B) the members of which engage, or have engaged within the past 5 years, in a con- tinuing series of offenses described in sub- section (c); and (C) the activities of which affect interstate or foreign commerce. ‘‘State’’ means a State of the United States, the District of Columbia, and any common- wealth, territory, or possession of the United States. (b) PENALTY.—The sentence of a person con- victed of an offense described in subsection (c) shall be increased by up to 10 years if the offense is committed under the circumstances described in subsection (d). (c) OFFENSES.—The offenses described in this section are— (1) a Federal felony involving a controlled substance (as defined in section 102 of the Con- trolled Substances Act (21 U.S.C. 802)) for which the maximum penalty is not less than 5 years; (2) a Federal felony crime of violence that has as an element the use or attempted use of physical force against the person of another; (3) a Federal offense involving human traf- ficking, sexual abuse, sexual exploitation, or transportation for prostitution or any illegal sexual activity; and (4) a conspiracy to commit an offense de- scribed in paragraph (1), (2), or (3). (d) CIRCUMSTANCES.—The circumstances de- scribed in this section are that the offense de- scribed in subsection (c) was committed by a person who— (1) participates in a criminal street gang with knowledge that its members engage in or have engaged in a continuing series of offenses described in subsection (c); (2) intends to promote or further the felo- nious activities of the criminal street gang or maintain or increase his or her position in the gang; and (3) has been convicted within the past 5 years for— (A) an offense described in subsection (c); (B) a State offense— (i) involving a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) for which the maximum penalty is not less than 5 years’ imprisonment; or (ii) that is a felony crime of violence that has as an element the use or at- tempted use of physical force against the person of another; (C) any Federal or State felony offense that by its nature involves a substantial risk that physical force against the person of an- other may be used in the course of commit- ting the offense; or (D) a conspiracy to commit an offense de- scribed in subparagraph (A), (B), or (C). (Added Pub. L. 103–322, title XV, § 150001(a), Sept. 13, 1994, 108 Stat. 2034; amended Pub. L. 104–294, title VI, § 607(q), Oct. 11, 1996, 110 Stat. 3513; Pub. L. 107–273, div. B, title IV, § 4002(b)(3), Nov. 2, 2002, 116 Stat. 1807; Pub. L. 115–392, § 12, Dec. 21, 2018, 132 Stat. 5255.)