18 U.S.C. § 492 — Forfeiture of counterfeit paraphernalia

Page 124 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 492 of value, or the use or enjoyment of any prop- erty or service from any automatic merchandise vending machine, postage-stamp machine, turn- stile, fare box, coinbox telephone, parking meter or other lawful receptacle, depository, or con- trivance designed to receive or to be operated by lawful coins or other currency of the United States, shall be fined under this title, or impris- oned not more than one year, or both. (b) Whoever manufactures, sells, offers, or ad- vertises for sale, or exposes or keeps with intent to furnish or sell any token, slug, disk, device, paper, or other thing similar in size and shape to any of the lawful coins or other currency of the United States, or any token, disk, paper, or other device issued or authorized in connection with rationing or food and fiber distribution by any agency of the United States, with knowl- edge or reason to believe that such tokens, slugs, disks, devices, papers, or other things are intended to be used unlawfully or fraudulently to procure anything of value, or the use or en- joyment of any property or service from any automatic merchandise vending machine, post- age-stamp machine, turnstile, fare box, coinbox telephone, parking meter, or other lawful recep- tacle, depository, or contrivance designed to re- ceive or to be operated by lawful coins or other currency of the United States shall be fined under this title or imprisoned not more than one year, or both. Nothing contained in this section shall create immunity from criminal prosecution under the laws of any State, Commonwealth of Puerto Rico, territory, possession, or the District of Co- lumbia. (c) ‘‘Knowledge or reason to believe’’, within the meaning of paragraph (b) of this section, may be shown by proof that any law-enforce- ment officer has, prior to the commission of the offense with which the defendant is charged, in- formed the defendant that tokens, slugs, disks, or other devices of the kind manufactured, sold, offered, or advertised for sale by him or exposed or kept with intent to furnish or sell, are being used unlawfully or fraudulently to operate cer- tain specified automatic merchandise vending machines, postage-stamp machines, turnstiles, fare boxes, coin-box telephones, parking meters, or other receptacles, depositories, or contri- vances, designed to receive or to be operated by lawful coins of the United States. (June 25, 1948, ch. 645, 62 Stat. 710; Pub. L. 87–667, Sept. 19, 1962, 76 Stat. 555; 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., §§ 282, 282a (Mar. 4, 1909, ch. 321, § 168, 35 Stat. 1120, and § 168a as added Apr. 1, 1944, ch. 151, 58 Stat. 149). Mandatory punishment provision in subsection (a) was rephrased in the alternative. Sections were consolidated and changes were made in phraseology. Reference to persons causing or procuring was omit- ted as unnecessary in view of definition of ‘‘principal’’ in section 2 of this title. Punishment provision in paragraph (a) of 5 years was changed to 1 year to make the offense a misdemeanor as was done in paragraph (b) of this section, which rep- resents the latest expression of the intention of Con- gress. See definition of felony and misdemeanor in sec- tion 1 of this title and note thereunder. In paragraph (b) the $3,000 fine was reduced to $1,000 to conform to paragraph (a) and as more in keeping with the gravity of offense. Editorial Notes AMENDMENTS 1994—Subsecs. (a), (b). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’. 1962—Subsec. (a). Pub. L. 87–667 inserted ‘‘being 18 years of age or over,’’ before ‘‘not lawfully authorized’’, and ‘‘or whoever, being 18 years of age or over, with in- tent to defraud, makes, utters, inserts, or uses any card, token, slug, disk, device, paper, or other thing similar in size and shape to any of the lawful coins or other currency of the United States or any coin or other currency not legal tender in the United States, to procure anything of value, or the use or enjoyment of any property or service from any automatic merchan- dise vending machine, postage-stamp machine, turn- stile, fare box, coinbox telephone, parking meter or other lawful receptacle, depository, or contrivance de- signed to receive or to be operated by lawful coins or other currency of the United States,’’ and deleted ‘‘for any 1-cent, 2-cent, 3-cent, or 5-cent piece, authorized by law, or for coins of equal value’’ after ‘‘intended to be used as money’’. Subsec. (b). Pub. L. 87–667 substituted ‘‘device, paper, or other thing similar’’ for ‘‘device similar’’, ‘‘paper, or other device issued or authorized in connection with ra- tioning or food and fiber distribution’’ for ‘‘or other de- vice issued or authorized in connection with ration- ing’’, and ‘‘devices, papers, or other things are intended to be used unlawfully’’ for ‘‘or other devices may be used unlawfully’’, inserted ‘‘or other currency’’ before ‘‘of the United States’’ in two places, and ‘‘lawful’’ be- fore ‘‘receptacle, depository’’, and provided that noth- ing in this section shall create immunity from criminal prosecution under the laws of any State, Common- wealth of Puerto Rico, territory, possession, or the Dis- trict of Columbia. § 492. Forfeiture of counterfeit paraphernalia All counterfeits of any coins or obligations or other securities of the United States or of any foreign government, or any articles, devices, and other things made, possessed, or used in viola- tion of this chapter or of sections 331–333, 335, 336, 642 or 1720, of this title, or any material or apparatus used or fitted or intended to be used, in the making of such counterfeits, articles, de- vices or things, found in the possession of any person without authority from the Secretary of the Treasury or other proper officer, shall be forfeited to the United States. Whoever, having the custody or control of any such counterfeits, material, apparatus, articles, devices, or other things, fails or refuses to sur- render possession thereof upon request by any authorized agent of the Treasury Department, or other proper officer, shall be fined under this title or imprisoned not more than one year, or both. Whenever, except as hereinafter in this section provided, any person interested in any article, device, or other thing, or material or apparatus seized under this section files with the Sec- retary of the Treasury, before the disposition thereof, a petition for the remission or mitiga- tion of such forfeiture, the Secretary of the Treasury, if he finds that such forfeiture was in- curred without willful negligence or without Page 125 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 493 any intention on the part of the petitioner to violate the law, or finds the existence of such mitigating circumstances as to justify the re- mission or the mitigation of such forfeiture, may remit or mitigate the same upon such terms and conditions as he deems reasonable and just. If the seizure involves offenses other than of- fenses against the coinage, currency, obligations or securities of the United States or any foreign government, the petition for the remission or mitigation of forfeiture shall be referred to the Attorney General, who may remit or mitigate the forfeiture upon such terms as he deems rea- sonable and just. (June 25, 1948, ch. 645, 62 Stat. 710; Pub. L. 107–273, div. B, title IV, § 4002(d)(1)(A), Nov. 2, 2002, 116 Stat. 1809.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 286 (Mar. 4, 1909, ch. 321, § 172, 35 Stat. 1121; Jan. 27, 1938, ch. 10, § 4, 52 Stat. 7). Section was materially shortened through merger of former third and fourth sentences with present first and second paragraphs by extending latter to include ‘‘articles, devices, and other things’’. This necessitated many insertions and deletions in the first two para- graphs, which, however, did not affect the substance of the section. A reference in the former third sentence to violations of certain sections was broadened to read ‘‘in violation of this chapter or of sections 331–333, 335–336, 642, 1720, of this title’’ and incorporated in the first paragraph. This translation extends for the first time the provi- sions of this section to subject matter of sections 493–496, 498, 499, 504–509 of this title. All of the sections covered by the original reference in this section are represented in the translation except section 261, now section 8 of this title, and section 287 of title 18, U.S.C., 1940 ed., which were omitted therefrom as unnecessary, since the former is definitive and the latter related to procedure only, and is superseded by rule 41(a), (b) of the Federal Rules of Criminal Procedure. The revised section was so written as to limit the au- thority of the Secretary of the Treasury to forfeitures within the enforcement powers of the Treasury Depart- ment, which advises that it does not investigate coun- terfeiting offenses not involving coins, currency, or Government obligations and securities. The Attorney General is the appropriate officer to remit or mitigate other forfeitures. Changes in phraseology were also made. Editorial Notes AMENDMENTS 2002—Pub. L. 107–273 substituted ‘‘under this title’’ for ‘‘not more than $100’’ in second par. § 493. Bonds and obligations of certain lending agencies Whoever falsely makes, forges, counterfeits or alters any note, bond, debenture, coupon, obliga- tion, instrument, or writing in imitation or pur- porting to be in imitation of, a note, bond, de- benture, coupon, obligation, instrument or writ- ing, issued by the Reconstruction Finance Cor- poration, Federal Deposit Insurance Corpora- tion, National Credit Union Administration, Home Owners’ Loan Corporation, Farm Credit Administration, Department of Housing and Urban Development, or any land bank, inter- mediate credit bank, insured credit union, bank for cooperatives or any lending, mortgage, in- surance, credit or savings and loan corporation or association authorized or acting under the laws of the United States, shall be fined under this title or imprisoned not more than 10 years, or both. Whoever passes, utters, or publishes, or at- tempts to pass, utter or publish any note, bond, debenture, coupon, obligation, instrument or document knowing the same to have been false- ly made, forged, counterfeited or altered, con- trary to the provisions of this section, shall be fined under this title or imprisoned not more than 10 years, or both. (June 25, 1948, ch. 645, 62 Stat. 711; Pub. L. 87–353, § 3(p), Oct. 4, 1961, 75 Stat. 774; Pub. L. 90–19, § 24(a), May 25, 1967, 81 Stat. 27; Pub. L. 91–468, § 3, Oct. 19, 1970, 84 Stat. 1016; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 107–56, title III, § 374(i), Oct. 26, 2001, 115 Stat. 341.) HISTORICAL AND REVISION NOTES Based on sections 264(t), 982, 1126, 1138d(b), 1316, 1441(b), 1467(b), 1731(b) of title 12, U.S.C., 1940 ed., Banks and Banking, and section 616(b) of title 15, U.S.C. 1940 ed., Commerce and Trade (Dec. 23, 1913, ch. 6, § 12B(t), as added June 16, 1933, ch. 89, § 8, 48 Stat. 178, and amended Aug. 23, 1935, ch. 614, § 101, 49 Stat. 684; July 17, 1916, ch. 245, § 31 (second paragraph), 39 Stat. 383; July 17, 1916, ch. 245, § 211(f), as added Mar. 4, 1923, ch. 252, title I, § 2, 42 Stat. 1460; Mar. 4, 1923, ch. 252, title II, § 216(f), 42 Stat. 1472; Jan. 22, 1932, ch. 8, § 16(b), 47 Stat. 11; July 22, 1932, ch. 522, § 21(b), 47 Stat. 738; June 13, 1933, ch. 64, § 8(b), 48 Stat. 134; June 16, 1933, ch. 98, § 64(b), 48 Stat. 268; June 27, 1934, ch. 847, § 512(b), 48 Stat. 1265). Each of the nine sections from which this section was derived contained similar provisions with respect to one or more named agencies or corporations. The pun- ishment was the same in each section except that in sections 982, 1126, and 1316 of title 12, U.S.C., 1940 ed., Banks and Banking, the maximum fine was $5,000. This section adopts the $10,000 maximum fine provided in the other six former sections. This section condenses and simplifies the form of the former sections without change of substance, except where the maximum fine differs as noted above. The enumeration of ‘‘note, bond, debenture, coupon, obligation, instrument, or writing’’ does not occur in any one of the original sections but is an adequate enu- meration of the instruments mentioned in each. Certain specific agencies are enumerated by name as are ‘‘land bank, intermediate credit bank, bank for co- operatives,’’ but the phrase ‘‘or any lending, mortgage, insurance, credit, or savings and loan corporation or association’’ was used to embrace the following: Na- tional Farm Loan Association, Federal Savings and Loan Insurance Corporation, Federal Savings and Loan Associations, National Agricultural Credit Corpora- tion, Production Credit Corporations, Production Cred- it Associations, Home Loan Banks, National Mortgage Associations, and Central Bank for Cooperatives, Re- gional Agricultural Credit Corporation, or any instru- mentalities created for similar purposes. Reference to persons causing, procuring, aiding or as- sisting was omitted as unnecessary, such persons being principals by section 2 of this title. The section was written in two paragraphs; the first denouncing forgery, counterfeiting, and altering; the second, passing, uttering, and publishing. This arrange- ment, together with the simplified style of the rewrit- ten section, will permit the repeal of similar provisions in at least nine complicated sections now in title 12, U.S.C., 1940 ed., Banks and Banking. Section 1138d(f) of title 12, U.S.C., 1940 ed., Banks and Banking, was omitted from this revision and rec-