18 U.S.C. § 1004 — Certification of checks

Page 298 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1002 1 See References in Text note below. § 1002. Possession of false papers to defraud United States Whoever, knowingly and with intent to de- fraud the United States, or any agency thereof, possesses any false, altered, forged, or counter- feited writing or document for the purpose of en- abling another to obtain from the United States, or from any agency, officer or agent thereof, any sum of money, shall be fined under this title or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 749; 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., § 74 (Mar. 4, 1909, ch. 321, § 30, 35 Stat. 1094). Words ‘‘or any agency thereof’’ after ‘‘United States’’ and word ‘‘agency’’ after ‘‘any’’ and before ‘‘officer,’’ were inserted to eliminate any possible ambiguity as to scope of section. (See definition of ‘‘agency’’ in section 6 of this title.) The maximum fine of ‘‘$10,000’’ was substituted for ‘‘$500’’ in order to conform punishment provisions to those of comparable sections. (See section 1001 of this title.) Minor verbal change was made. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. § 1003. Demands against the United States Whoever knowingly and fraudulently demands or endeavors to obtain any share or sum in the public stocks of the United States, or to have any part thereof transferred, assigned, sold, or conveyed, or to have any annuity, dividend, pen- sion, wages, gratuity, or other debt due from the United States, or any part thereof, received, or paid by virtue of any false, forged, or counter- feited power of attorney, authority, or instru- ment, shall be fined under this title or impris- oned not more than five years, or both; but if the sum or value so obtained or attempted to be 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. 749; Pub. L. 103–322, title XXXIII, § 330016(1)(H), (L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, § 606(a), Oct. 11, 1996, 110 Stat. 3511.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 79 (Mar. 4, 1909, ch. 321, § 34, 35 Stat. 1095). Words ‘‘prize money’’ were deleted on the ground that they are an anachronism and were so before 1909. (See reviser’s note under section 915 of this title.) Mandatory punishment provision was rephrased in the alternative. The smaller punishment for an offense involving $100 or less was added. (See reviser’s note to sections 641 and 645 of this title.) The maximum term of ‘‘five years’’ was substituted for ‘‘ten years’’ and ‘‘$10,000’’ was substituted for ‘‘$5,000’’ as being more in harmony with punishment provision of similar sections. (See reviser’s note under section 1001 of this title.) Minor changes in phraseology were made. 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 $10,000’’ after ‘‘instru- ment, shall be’’ and for ‘‘fined not more than $1,000’’ after ‘‘he shall be’’. § 1004. Certification of checks Whoever, being an officer, director, agent, or employee of any Federal Reserve bank, member bank of the Federal Reserve System, insured bank (as defined in section 3(h) of the Federal Deposit Insurance Act), branch or agency of a foreign bank (as such terms are defined in para- graphs (1) and (3) of section 1(b) of the Inter- national Banking Act of 1978), or organization operating under section 25 or section 25(a) 1 of the Federal Reserve Act, certifies a check before the amount thereof has been regularly deposited in the bank, branch, agency, or organization, by the drawer thereof, or resorts to any device, or receives any fictitious obligation, directly or collaterally, in order to evade any of the provi- sions of law relating to certification of checks, shall be fined under this title or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 749; Pub. L. 101–647, title XXV, § 2597(g), Nov. 29, 1990, 104 Stat. 4910; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on section 591 of title 12, U.S.C., 1940 ed., Banks and Banking (R.S. § 5208; July 12, 1882, ch. 290, § 13, 22 Stat. 166; Sept. 26, 1918, ch. 177, § 7, 40 Stat. 972; Feb. 25, 1927, ch. 191, § 12, 44 Stat. 1231). Words ‘‘be deemed guilty of a misdemeanor and shall’’ were omitted as unnecessary in view of defini- tion of misdemeanor in section 1 of this title. Words ‘‘on conviction thereof’’ were omitted as sur- plusage, because punishment cannot be imposed until after conviction. Words ‘‘in any district court of the United States’’ were omitted as unnecessary, because section 3231 of this title confers jurisdiction on Federal district courts of all crimes and offenses defined in this title. Changes were made in phraseology. Editorial Notes REFERENCES IN TEXT Section 3(h) of the Federal Deposit Insurance Act, re- ferred to in text, is classified to section 1813(h) of Title 12, Banks and Banking. Section 1(b) of the International Banking Act of 1978, referred to in text, is classified to section 3101 of Title 12. Section 25 of the Federal Reserve Act, referred to in text, is classified to subchapter I (§ 601 et seq.) of chap- ter 6 of Title 12. Section 25(a) of the Federal Reserve Act, which is classified to subchapter II (§ 611 et seq.) of chapter 6 of Title 12, was renumbered section 25A of that act by Pub. L. 102–242, title I, § 142(e)(2), Dec. 19, 1991, 105 Stat. 2281. AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. 1990—Pub. L. 101–647 substituted a comma for ‘‘or’’ after ‘‘Federal Reserve bank’’ and inserted ‘‘insured Page 299 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1005 1 See References in Text note below. bank (as defined in section 3(h) of the Federal Deposit Insurance Act), branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of sec- tion 1(b) of the International Banking Act of 1978), or organization operating under section 25 or section 25(a) of the Federal Reserve Act,’’ after ‘‘Federal Reserve System,’’ and ‘‘, branch, agency, or organization,’’ after ‘‘has been regularly deposited in the bank’’. § 1005. Bank entries, reports and transactions Whoever, being an officer, director, agent or employee of any Federal Reserve bank, member bank, depository institution holding company, national bank, insured bank, branch or agency of a foreign bank, or organization operating under section 25 or section 25(a) 1 of the Federal Reserve Act, without authority from the direc- tors of such bank, branch, agency, or organiza- tion or company, issues or puts in circulation any notes of such bank, branch, agency, or orga- nization or company; or Whoever, without such authority, makes, draws, issues, puts forth, or assigns any certifi- cate of deposit, draft, order, bill of exchange, ac- ceptance, note, debenture, bond, or other obliga- tion, or mortgage, judgment or decree; or Whoever makes any false entry in any book, report, or statement of such bank, company, branch, agency, or organization with intent to injure or defraud such bank, company, branch, agency, or organization, or any other company, body politic or corporate, or any individual per- son, or to deceive any officer of such bank, com- pany, branch, agency, or organization, or the Comptroller of the Currency, or the Federal De- posit Insurance Corporation, or any agent or ex- aminer appointed to examine the affairs of such bank, company, branch, agency, or organization, or the Board of Governors of the Federal Re- serve System; or Whoever with intent to defraud the United States or any agency thereof, or any financial institution referred to in this section, partici- pates or shares in or receives (directly or indi- rectly) any money, profit, property, or benefits through any transaction, loan, commission, con- tract, or any other act of any such financial in- stitution— Shall be fined not more than $1,000,000 or im- prisoned not more than 30 years, or both. As used in this section, the term ‘‘national bank’’ is synonymous with ‘‘national banking association’’; ‘‘member bank’’ means and in- cludes any national bank, state bank, or bank or trust company, which has become a member of one of the Federal Reserve banks; ‘‘insured bank’’ includes any state bank, banking associa- tion, trust company, savings bank, or other banking institution, the deposits of which are insured by the Federal Deposit Insurance Cor- poration; and the term ‘‘branch or agency of a foreign bank’’ means a branch or agency de- scribed in section 20(9) of this title. For purposes of this section, the term ‘‘depository institution holding company’’ has the meaning given such term in section 3(w)(1) of the Federal Deposit In- surance Act. (June 25, 1948, ch. 645, 62 Stat. 750; Pub. L. 101–73, title IX, § 961(d), Aug. 9, 1989, 103 Stat. 499; Pub. L. 101–647, title XXV, §§ 2504(d), 2595(a)(3), 2597(h), Nov. 29, 1990, 104 Stat. 4861, 4907, 4910; Pub. L. 107–273, div. B, title IV, § 4003(a)(2), Nov. 2, 2002, 116 Stat. 1811.) HISTORICAL AND REVISION NOTES Based on sections 592, 597 of title 12, U.S.C., 1940 ed., Banks and Banking (R.S. § 5209; Dec. 23, 1913, ch. 6, § 22(i) as added June 19, 1934, ch. 653, § 3, 48 Stat. 1107; Sept. 26, 1918, ch. 177, § 7, 40 Stat. 972; Aug. 23, 1935, ch. 614, § 316, 49 Stat. 712). (See reviser’s note under section 656 of this title for comprehensive statement of reasons for separating sec- tion 592 of title 12, U.S.C., 1940 ed., Banks and Banking, into three revised sections, and section 597 thereof into two revised sections, with the consequent extensive changes in phraseology, style, and arrangement.) In this section, national bank receivers and Federal reserve agents were not included in the initial enu- meration of persons at whom the act is directed, since the provisions of this section, unlike section 656 of this title, are not directed at such receivers and agents. No changes of meaning or substance were made, ex- cept that, like said section 656 of this title, the dif- ferent punishment provisions were reconciled, and one uniform punishment provision was adopted. The words ‘‘shall be deemed guilty of a mis- demeanor’’ were omitted as unnecessary in view of the definition of a misdemeanor in section 1 of this title. The words ‘‘and upon conviction thereof’’ were omit- ted as unnecessary, since punishment cannot be im- posed until a conviction is secured. Since section 3231 of this title gives the district court jurisdiction of criminal prosecutions, the words ‘‘in any district court of the United States’’ were omitted as unnecessary. Editorial Notes REFERENCES IN TEXT Section 25 of the Federal Reserve Act, referred to in text, is classified to subchapter I (§ 601 et seq.) of chap- ter 6 of Title 12, Banks and Banking. Section 25(a) of the Federal Reserve Act, which is classified to sub- chapter II (§ 611 et seq.) of chapter 6 of Title 12, was re- numbered section 25A of that act by Pub. L. 102–242, title I, § 142(e)(2), Dec. 19, 1991, 105 Stat. 2281. Section 3(w)(1) of the Federal Deposit Insurance Act, referred to in text, is classified to section 1813(w)(1) of Title 12. AMENDMENTS 2002—Pub. L. 107–273, in first par. substituted ‘‘Act,’’ for ‘‘Act,,’’ and in third par. inserted ‘‘or’’ at end. 1990—Pub. L. 101–647, §§ 2504(d), 2595(a)(3)(A), (B), 2597(h), in first par. substituted ‘‘depository institu- tion’’ for ‘‘bank or savings and loan’’, ‘‘national bank, insured bank, branch or agency of a foreign bank, or or- ganization operating under section 25 or section 25(a) of the Federal Reserve Act,’’ for ‘‘national bank or in- sured bank’’, and ‘‘of such bank, branch, agency, or or- ganization or company’’ for ‘‘of such bank’’ in two places, in third par. substituted ‘‘bank, company, branch, agency, or organization’’ for ‘‘bank or com- pany’’ in four places, and in fifth par. substituted ‘‘30’’ for ‘‘20’’ before ‘‘years’’. Pub. L. 101–647, § 2597(h)(3)(A), in sixth par. struck out ‘‘and’’ after ‘‘one of the Federal Reserve Banks;’’. Pub. L. 101–647, § 2597(h)(3)(B), which, in sixth par., di- rected insertion of ‘‘; and the term ‘branch or agency of a foreign bank’ means a branch or agency described in section 20(9) of this title’’ before the period, was in- serted before period at end of first sentence to reflect the probable intent of Congress and intervening amend- ment by Pub. L. 101–647, § 2595(a)(3)(C). See below. Pub. L. 101–647, § 2595(a)(3)(C), inserted ‘‘For purposes of this section, the term ‘depository institution holding company’ has the meaning given such term in section