18 U.S.C. § 1911 — Receiver mismanaging property

Page 463 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1911 1959—Pub. L. 86–168 substituted ‘‘Federal land bank associations’’ for ‘‘national farm loan association’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1959 AMENDMENT Amendment by Pub. L. 86–168 effective Dec. 31, 1959, see section 104(k) of Pub. L. 86–168. ABOLITION OF OFFICE OF LAND BANK COMMISSIONER The office of Land Bank Commissioner was abolished by section 636f of Title 12, Banks and Banking. [§ 1908. Repealed. Pub. L. 103–322, title XXXIII, § 330004(11), Sept. 13, 1994, 108 Stat. 2141] Section, acts June 25, 1948, ch. 645, 62 Stat. 792; Sept. 13, 1994, Pub. L. 103–322, title XXXIII, § 330016(1)(K), 108 Stat. 2147, related to disclosure of information by Na- tional Agricultural Credit Corporation examiner. § 1909. Examiner performing other services Whoever, being a national-bank examiner, Federal Deposit Insurance Corporation exam- iner, or farm credit examiner, performs any other service, for compensation, for any bank or banking or loan association, or for any officer, director, or employee thereof, or for any person connected therewith in any capacity, shall be fined under this title or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 792; Pub. L. 103–322, title XXXIII, §§ 330004(12), 330016(1)(K), Sept. 13, 1994, 108 Stat. 2142, 2147.) HISTORICAL AND REVISION NOTES Based on sections 594, 656a, 952, 981, 1093, 1124, 1243, and 1314 of title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 23, 1913, ch. 6, § 22, fourth sentence of first para- graph, and third sentence of second paragraph, 38 Stat. 272; July 17, 1916, ch. 245, §§ 28, 31 [third sentence of first paragraph], 39 Stat. 381, 383; July 17, 1916, ch. 245, §§ 208(c), 211(d), second sentence, as added Mar. 4, 1923, ch. 252, § 2, 42 Stat. 1459, 1460; Sept. 26, 1918, ch. 177, § 5 [‘‘22(b)’’] 40 Stat. 970; Mar. 4, 1923, ch. 252, title II, §§ 209(c), 216(d) [second sentence], 42 Stat. 1468, 1472; Ex. Ord. No. 6084, Mar. 27, 1933; June 16, 1933, ch. 98, § 80(a), 48 Stat. 273; Aug. 23, 1935, ch. 614, § 326(b), 49 Stat. 716; Aug. 19, 1937, ch. 704, § 20, 50 Stat. 710). Section 594 of title 12, U.S.C., 1940 ed., Banks and Banking, first paragraph, related to national-bank ex- aminers and Federal Deposit Insurance Corporation ex- aminers, and provided punishment for several offenses including the offense of performing services, for com- pensation, other than their regular duties. Section 656a of said title 12 is authority for the designation ‘‘farm credit examiner’’ included in this section, and section 1093 of said title authorizes farm credit examiners to conduct examinations in connection with contemplated transactions of Federal intermediate credit banks, to which section 1124 of said title relates. Sections 981 and 1124 of title 12, U.S.C., 1940 ed., Banks and Banking, which relate to farm credit exam- iners, and section 1314 of said title, which relates to Na- tional Agricultural Credit Corporation examiners, all prohibit the performance of services, for compensation, other than regular duties. They do not specifically pro- vide punishment for violation of such prohibition, but the provisions of said section 594 of said title, relating to national-bank examiners and Federal Deposit Insur- ance Corporation examiners, which does provide pun- ishment for the same offense, are extended to the former two types of examiners by sections 952 and 1243 thereof. The remaining provisions of sections 594, 981, 1124, and 1314 of title 12, U.S.C., 1940 ed., Banks and Banking, relating to unlawful disclosure of the names of bor- rowers or the collateral for loans, false statements in applications for loans, overvaluation of securities, and acceptance of loans or gratuities, were separated and transferred according to subject matter to sections 218, 1014, 1906–1908 of this title, where, insofar as possible, they were consolidated with similar provisions from other sections. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322, § 330016(1)(K), substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. Pub. L. 103–322, § 330004(12), inserted ‘‘or’’ before ‘‘farm credit examiner’’ and struck out ‘‘or an examiner of National Agricultural Credit Corporations,’’ before ‘‘performs any other service’’. § 1910. Nepotism in appointment of receiver or trustee Whoever, being a judge of any court of the United States, appoints as receiver, or trustee, any person related to such judge by consan- guinity, or affinity, within the fourth degree— Shall be fined under this title or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 792; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on section 531 of title 28, U.S.C., 1940 ed., Judi- cial Code and Judiciary (Aug. 25, 1937, ch. 777, 50 Stat. 810). 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’’ in last par. § 1911. Receiver mismanaging property Whoever, being a receiver, trustee, or manager in possession of any property in any cause pend- ing in any court of the United States, willfully fails to manage and operate such property ac- cording to the requirements of the valid laws of the State in which such property shall be situ- ated, in the same manner that the owner or pos- sessor thereof would be bound to do if in posses- sion thereof, shall be fined under this title or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 792; Pub. L. 103–322, title XXXIII, § 330016(1)(J), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based upon section 124 of title 28, U.S.C., 1940 ed., Ju- dicial Code and Judiciary (Mar. 3, 1911, ch. 231, § 65, 36 Stat. 1104). Word ‘‘trustee’’ was inserted after ‘‘receiver’’ so as to make it clear that persons holding such office are in- cluded in the enumeration of court officers who are subject to the provisions of this section. Changes were made in phraseology and arrangement, but without change of substance or meaning. Other provisions of section 124 of title 28, U.S.C., 1940 ed., were retained in that title. Page 464 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1912 Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $3,000’’. § 1912. Unauthorized fees for inspection of ves- sels Whoever, being an officer, employee, or agent of the United States or any agency thereof, en- gaged in inspection of vessels, upon any pre- tense, receives any fee or reward for his services, except what is allowed to him by law, shall be fined under this title or imprisoned not more than six months, or both; and shall forfeit his of- fice. (June 25, 1948, ch. 645, 62 Stat. 792; 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., § 196 (Mar. 4, 1909, ch. 321, § 107, 35 Stat. 1107). The phrase ‘‘officer or employee of the United States or any agency thereof’’ was substituted for the phrase ‘‘inspector of steamboats’’ in view of 1946 Reorganiza- tion Plan No. 3, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097, abolishing inspectors and transferring their func- tions to the Coast Guard. 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’’. § 1913. Lobbying with appropriated moneys No part of the money appropriated by any en- actment of Congress shall, in the absence of ex- press authorization by Congress, be used di- rectly or indirectly to pay for any personal serv- ice, advertisement, telegram, telephone, letter, printed or written matter, or other device, in- tended or designed to influence in any manner a Member of Congress, a jurisdiction, or an offi- cial of any government, to favor, adopt, or op- pose, by vote or otherwise, any legislation, law, ratification, policy, or appropriation, whether before or after the introduction of any bill, measure, or resolution proposing such legisla- tion, law, ratification, policy, or appropriation; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to any such Mem- ber or official, at his request, or to Congress or such official, through the proper official chan- nels, requests for any legislation, law, ratifica- tion, policy, or appropriations which they deem necessary for the efficient conduct of the public business, or from making any communication whose prohibition by this section might, in the opinion of the Attorney General, violate the Constitution or interfere with the conduct of foreign policy, counter-intelligence, intel- ligence, or national security activities. Viola- tions of this section shall constitute violations of section 1352(a) of title 31. (June 25, 1948, ch. 645, 62 Stat. 792; Pub. L. 103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 107–273, div. A, title II, § 205(b), Nov. 2, 2002, 116 Stat. 1778.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 201 (July 11, 1919, ch. 6, § 6, 41 Stat. 68). Reference to ‘‘department’’ and ‘‘agency’’ was added in three instances after the words ‘‘United States’’ to remove doubt as to the scope of the section. (See defini- tions of ‘‘department’’ and ‘‘agency’’ in section 6 of this title.) Reference to the offense as a misdemeanor was omit- ted as unnecessary in view of the definitive section 1 of this title. Words ‘‘on conviction thereof’’ were omitted as sur- plusage since punishment can be imposed only after conviction. Minor changes were made in phraseology. Editorial Notes AMENDMENTS 2002—Pub. L. 107–273 substituted ‘‘a jurisdiction, or an official of any government, to favor, adopt,’’ for ‘‘to favor’’, inserted ‘‘, law, ratification, policy,’’ after ‘‘legislation’’ wherever appearing, struck out ‘‘by Con- gress’’ before ‘‘, whether before or after’’, inserted ‘‘, measure,’’ before ‘‘or resolution’’, substituted ‘‘any such Member or official, at his request,’’ for ‘‘Members of Congress on the request of any Member’’, inserted ‘‘or such official’’ before ‘‘, through the proper’’, sub- stituted ‘‘for any legislation’’ for ‘‘for legislation’’, sub- stituted ‘‘, or from making any communication whose prohibition by this section might, in the opinion of the Attorney General, violate the Constitution or interfere with the conduct of foreign policy, counter-intel- ligence, intelligence, or national security activities. Violations of this section shall constitute violations of section 1352(a) of title 31.’’ for period at end of first par., and struck out last par. which read as follows: ‘‘Whoever, being an officer or employee of the United States or of any department or agency thereof, violates or attempts to violate this section, shall be fined under this title or imprisoned not more than one year, or both; and after notice and hearing by the superior offi- cer vested with the power of removing him, shall be re- moved from office or employment.’’ 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $500’’ in last par. [§ 1914. Repealed. Pub. L. 87–849, § 2, Oct. 23, 1962, 76 Stat. 1126] Section, act June 25, 1948, ch. 645, 62 Stat. 793, related to salary of Government officials and employees pay- able only by United States. Section was supplanted by section 209 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective 90 days after Oct. 23, 1962, see section 4 of Pub. L. 87–849, set out as an Effective Date note under section 201 of this title. § 1915. Compromise of customs liabilities Whoever, being an officer of the United States, without lawful authority compromises or abates or attempts to compromise or abate any claim of the United States arising under the customs laws for any fine, penalty or forfeiture, or in any manner relieves or attempts to relieve any per- son, vessel, vehicle, merchandise or baggage therefrom, shall be fined under this title or im- prisoned not more than two years, or both. (June 25, 1948, ch. 645, 62 Stat. 793; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)