18 U.S.C. § 215 — Receipt of commissions or gifts for pro-

Page 81 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 215 1 So in original. plicable to credit card accounts or residen- tial real property loans offered by the same financial institution to other borrowers cardholders 1 in comparable circumstances under open end consumer credit plans or for residential real property loans; and (C) with respect to residential real prop- erty loans, the loan is with respect to the primary residence of the applicant. (Added Pub. L. 108–198, § 2(a), Dec. 19, 2003, 117 Stat. 2899; amended Pub. L. 110–289, div. A, title II, § 1216(c), July 30, 2008, 122 Stat. 2792; Pub. L. 111–203, title III, § 377(1), July 21, 2010, 124 Stat. 1569.) Editorial Notes PRIOR PROVISIONS A prior section 212, acts June 25, 1948, ch. 645, 62 Stat. 694, § 212, formerly § 217; Pub. L. 85–699, title VII, § 701(a), Aug. 21, 1958, 72 Stat. 698; Pub. L. 86–168, title I, § 104(h), Aug. 18, 1959, 73 Stat. 387; renumbered § 212, Pub. L. 87–849, § 1(d), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 101–73, title IX, § 962(a)(1), Aug. 9, 1989, 103 Stat. 501; Pub. L. 101–647, title XXV, § 2597(b), Nov. 29, 1990, 104 Stat. 4908; Pub. L. 103–322, title XXXIII, §§ 330004(1), 330010(1), 330016(1)(K), Sept. 13, 1994, 108 Stat. 2141, 2143, 2147, re- lated to offer of loan or gratuity to bank examiner, prior to repeal by Pub. L. 108–198, § 2(a), Dec. 19, 2003, 117 Stat. 2899. Another prior section 212, act June 25, 1948, ch. 645, 62 Stat. 693, related to an offer or threat to a customs offi- cer or employee, prior to the general amendment to this chapter by Pub. L. 87–849 and is substantially cov- ered by revised section 201. AMENDMENTS 2010—Subsec. (c)(2)(C) to (H). Pub. L. 111–203 redesig- nated subpars. (D) to (H) as (C) to (G), respectively, and struck out former subpar. (C) which read as follows: ‘‘the Office of Thrift Supervision;’’. 2008—Subsec. (c)(2)(E). Pub. L. 110–289 substituted ‘‘Federal Housing Finance Agency’’ for ‘‘Federal Hous- ing Finance Board’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–203 effective on the trans- fer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress. § 213. Acceptance of loan or gratuity by financial institution examiner (a) IN GENERAL.—Whoever, being an examiner or assistant examiner, accepts a loan or gra- tuity from any bank, branch, agency, organiza- tion, corporation, association, or institution ex- amined by the examiner or from any person con- nected with it, shall— (1) be fined under this title, imprisoned not more than 1 year, or both; (2) may be fined a further sum equal to the money so loaned or gratuity given; and (3) shall be disqualified from holding office as an examiner. (b) DEFINITIONS.—In this section, the terms ‘‘examiner’’, ‘‘Federal financial institution regu- latory agency’’, ‘‘financial institution’’, and ‘‘loan’’ have the same meanings as in section 212. (Added Pub. L. 108–198, § 2(a), Dec. 19, 2003, 117 Stat. 2900.) Editorial Notes PRIOR PROVISIONS A prior section 213, acts June 25, 1948, ch. 645, 62 Stat. 695, § 213, formerly § 218; Pub. L. 85–699, title VII, § 701(b), Aug. 21, 1958, 72 Stat. 698; renumbered § 213, Pub. L. 87–849, § 1(d), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 101–73, title IX, § 962(a)(2), Aug. 9, 1989, 103 Stat. 502; Pub. L. 101–647, title XXV, § 2597(c), Nov. 29, 1990, 104 Stat. 4909; Pub. L. 103–322, title XXXIII, §§ 330004(2), 330016(1)(K), Sept. 13, 1994, 108 Stat. 2141, 2147, related to acceptance of loan or gratuity by bank examiner, prior to repeal by Pub. L. 108–198, § 2(a), Dec. 19, 2003, 117 Stat. 2899. Another prior section 213, act June 25, 1948, ch. 645, 62 Stat. 693, related to the acceptance or demand of a bribe by a customs officer or employee, prior to the general amendment to this chapter by Pub. L. 87–849 and is substantially covered by revised section 201. § 214. Offer for procurement of Federal Reserve bank loan and discount of commercial paper Whoever stipulates for or gives or receives, or consents or agrees to give or receive, any fee, commission, bonus, or thing of value for pro- curing or endeavoring to procure from any Fed- eral Reserve bank any advance, loan, or exten- sion of credit or discount or purchase of any ob- ligation or commitment with respect thereto, either directly from such Federal Reserve bank or indirectly through any financing institution, unless such fee, commission, bonus, or thing of value and all material facts with respect to the arrangement or understanding therefor shall be disclosed in writing in the application or request for such advance, loan, extension of credit, dis- count, purchase, or commitment, shall be fined under this title or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 695, § 214, formerly § 219; renumbered § 214, Pub. L. 87–849, § 1(d), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 103–322, title XXXIII, § 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on section 599 of title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 23, 1913, ch. 6, § 22(k), as added by act June 19, 1934, ch. 653, § 3, 48 Stat. 1108). Final sentence of said section 599, imposing civil li- ability on violators, was omitted as unnecessary, being merely a declaration of that rule of common law which in the absence of statute fixes civil liability on the wrongdoer. Minor changes were made in phraseology. Editorial Notes PRIOR PROVISIONS A prior section 214 of this title was renumbered sec- tion 210. AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. § 215. Receipt of commissions or gifts for pro- curing loans (a) Whoever— (1) corruptly gives, offers, or promises any- thing of value to any person, with intent to in- Page 82 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 216 fluence or reward an officer, director, em- ployee, agent, or attorney of a financial insti- tution in connection with any business or transaction of such institution; or (2) as an officer, director, employee, agent, or attorney of a financial institution, cor- ruptly solicits or demands for the benefit of any person, or corruptly accepts or agrees to accept, anything of value from any person, in- tending to be influenced or rewarded in con- nection with any business or transaction of such institution; shall be fined not more than $1,000,000 or three times the value of the thing given, offered, promised, solicited, demanded, accepted, or agreed to be accepted, whichever is greater, or imprisoned not more than 30 years, or both, but if the value of the thing given, offered, prom- ised, solicited, demanded, accepted, or agreed to be accepted does not exceed $1,000, shall be fined under this title or imprisoned not more than one year, or both. [(b) Transferred] (c) This section shall not apply to bona fide salary, wages, fees, or other compensation paid, or expenses paid or reimbursed, in the usual course of business. (d) Federal agencies with responsibility for regulating a financial institution shall jointly establish such guidelines as are appropriate to assist an officer, director, employee, agent, or attorney of a financial institution to comply with this section. Such agencies shall make such guidelines available to the public. (June 25, 1948, ch. 645, 62 Stat. 695, § 215, formerly § 220; Sept. 21, 1950, ch. 967, § 4, 64 Stat. 894; re- numbered § 215, Pub. L. 87–849, § 1(d), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 98–473, title II, § 1107(a), Oct. 12, 1984, 98 Stat. 2145; Pub. L. 99–370, § 2, Aug. 4, 1986, 100 Stat. 779; Pub. L. 101–73, title IX, §§ 961(a), 962(e)(1), Aug. 9, 1989, 103 Stat. 499, 503; Pub. L. 101–647, title XXV, § 2504(a), Nov. 29, 1990, 104 Stat. 4861; Pub. L. 103–322, title XXXIII, § 330016(1)(H), 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 sections 595, 1125, and 1315 of title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 23, 1913, ch. 6, § 22, first sentence of second paragraph, 38 Stat. 272; July 17, 1916, ch. 245, § 211(e), as added Mar. 4, 1923, ch. 252, § 2, 42 Stat. 1460; June 21, 1917, ch. 32, § 11, 40 Stat. 240; Sept. 26, 1918, ch. 177, § 5, part 22(c), 40 Stat. 970; Mar. 4, 1923, ch. 252, title II, § 216(e), 42 Stat. 1472). The punishment provisions of the three sections were identical, and all other provisions thereof were similar, except that section 595 of title 12, U.S.C., 1940 ed., Banks and Banking, relating to officers, directors, em- ployees, or attorneys of member banks of the Federal Reserve System, did not include the terms ‘‘agent’’ and ‘‘acceptance’’ and did not include the phrase ‘‘or exten- sion or renewal of loan or substitution of security’’. Words ‘‘shall be deemed guilty of a misdemeanor’’ were omitted because of definition of misdemeanor in section 1 of this title. Words ‘‘and upon conviction’’ and ‘‘and shall upon conviction thereof’’ were omitted as surplusage because punishment cannot be imposed until after conviction. Verbal changes were made for style purposes. Editorial Notes PRIOR PROVISIONS A prior section 215 of this title was renumbered sec- tion 211. AMENDMENTS 1996—Subsec. (a). Pub. L. 104–294 substituted ‘‘$1,000’’ for ‘‘$100’’ in concluding provisions. 1994—Subsec. (a). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $1,000’’ in concluding provisions. 1990—Subsec. (a). Pub. L. 101–647 substituted ‘‘30’’ for ‘‘20’’ before ‘‘years’’ in concluding provisions. 1989—Subsec. (a). Pub. L. 101–73, § 961(a), in closing provisions, substituted ‘‘$1,000,000’’ for ‘‘$5,000’’ and ‘‘20 years’’ for ‘‘five years’’. Subsec. (b). Pub. L. 101–73, § 962(e)(1), transferred sub- sec. (b) to section 20 of this title. 1986—Pub. L. 99–370 amended section generally, com- bining in subsec. (a) the statement of prohibited activi- ties formerly set out in subsecs. (a) and (b), transfer- ring to subsec. (b) and expanding provisions formerly set out in subsec. (c) which defined ‘‘financial institu- tion’’, transferring to subsec. (c) and amending provi- sions formerly set out in subsec. (d) relating to applica- bility of section, and adding new subsec. (d) relating to establishment of guidelines to assist financial institu- tions in complying with this section. 1984—Pub. L. 98–473 amended section generally. Prior to amendment section read as follows: ‘‘Whoever, being an officer, director, employee, agent, or attorney of any bank, the deposits of which are insured by the Federal Deposit Insurance Corporation, of a Federal inter- mediate credit bank, or of a National Agricultural Credit Corporation, except as provided by law, stipu- lates for or receives or consents or agrees to receive any fee, commission, gift, or thing of value, from any person, firm, or corporation, for procuring or endeavor- ing to procure for such person, firm, or corporation, or for any other person, firm, or corporation, from any such bank or corporation, any loan or extension or re- newal of loan or substitution of security, or the pur- chase or discount or acceptance of any paper, note, draft, check, or bill of exchange by any such bank or corporation, shall be fined not more than $5,000 or im- prisoned not more than one year or both.’’ 1950—Act Sept. 21, 1950, substituted ‘‘any bank, the deposits of which are insured by the Federal Deposit In- surance Corporation’’ for ‘‘a member bank of the Fed- eral Reserve System’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–370, § 3, Aug. 4, 1986, 100 Stat. 780, provided that: ‘‘This Act and the amendments made by this Act [amending this section and enacting a provision set out as a note under section 201 of this title] shall take ef- fect 30 days after the date of the enactment of this Act [Aug. 4, 1986].’’ § 216. Penalties and injunctions (a) The punishment for an offense under sec- tion 203, 204, 205, 207, 208, or 209 of this title is the following: (1) Whoever engages in the conduct consti- tuting the offense shall be imprisoned for not more than one year or fined in the amount set forth in this title, or both. (2) Whoever willfully engages in the conduct constituting the offense shall be imprisoned for not more than five years or fined in the amount set forth in this title, or both. (b) The Attorney General may bring a civil ac- tion in the appropriate United States district