18 U.S.C. § 1002 — Possession of false papers to defraud

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