18 U.S.C. § 1005 — Bank entries, reports and transactions

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 Page 300 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1006 3(w)(1) of the Federal Deposit Insurance Act.’’ at end of sixth par. 1989—Pub. L. 101–73 in first par. inserted ‘‘bank or savings and loan holding company,’’ after ‘‘member bank,’’, in third par. inserted ‘‘or company’’ after ‘‘bank’’ wherever appearing and substituted a semi- colon for the dash after ‘‘Federal Reserve System’’, added fourth par. reading: ‘‘Whoever with intent to de- fraud 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 indirectly) any money, profit, property, or benefits through any transaction, loan, commission, contract, or any other act of any such financial institution—’’, and, in fifth par. substituted ‘‘$1,000,000’’ for ‘‘$5,000’’ and ‘‘20 years’’ for ‘‘five years’’. Executive Documents EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions vested by any provision of law in Comp- troller of the Currency, referred to in this section, were not included in transfer of functions of officers, agen- cies and employees of Department of the Treasury to Secretary of the Treasury, made by Reorg. Plan No. 26 of 1950, § 1, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organi- zation and Employees. § 1006. Federal credit institution entries, reports and transactions Whoever, being an officer, agent or employee of or connected in any capacity with the Federal Deposit Insurance Corporation, National Credit Union Administration, any Federal home loan bank, the Federal Housing Finance Agency, Farm Credit Administration, Department of Housing and Urban Development, Federal Crop Insurance Corporation, the Secretary of Agri- culture acting through the Farmers Home Ad- ministration or successor agency, the Rural De- velopment Administration or successor agency, or the Farm Credit System Insurance Corpora- tion, a Farm Credit Bank, a bank for coopera- tives or any lending, mortgage, insurance, credit or savings and loan corporation or association authorized or acting under the laws of the United States or any institution, other than an insured bank (as defined in section 656), the ac- counts of which are insured by the Federal De- posit Insurance Corporation, or by the National Credit Union Administration Board or any small business investment company, with intent to de- fraud any such institution or any other com- pany, body politic or corporate, or any indi- vidual, or to deceive any officer, auditor, exam- iner or agent of any such institution or of de- partment or agency of the United States, makes any false entry in any book, report or statement of or to any such institution, or without being duly authorized, draws any order or bill of ex- change, makes any acceptance, or issues, puts forth or assigns any note, debenture, bond or other obligation, or draft, bill of exchange, mortgage, judgment, or decree, or, with intent to defraud the United States or any agency thereof, or any corporation, institution, or asso- ciation referred to in this section, participates or shares in or receives directly or indirectly any money, profit, property, or benefits through any transaction, loan, commission, contract, or any other act of any such corporation, institu- tion, or association, shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both. (June 25, 1948, ch. 645, 62 Stat. 750; May 24, 1949, ch. 139, § 20, 63 Stat. 92; July 28, 1956, ch. 773, § 2, 70 Stat. 714; Pub. L. 85–699, title VII, § 704, Aug. 21, 1958, 72 Stat. 698; Pub. L. 87–353, § 3(s), Oct. 4, 1961, 75 Stat. 774; Pub. L. 90–19, § 24(a), May 25, 1967, 81 Stat. 27; Pub. L. 91–468, § 6, Oct. 19, 1970, 84 Stat. 1016; Pub. L. 101–73, title IX, §§ 961(e), 962(a)(7), (8)(A), Aug. 9, 1989, 103 Stat. 500, 502; Pub. L. 101–624, title XXIII, § 2303(e), Nov. 28, 1990, 104 Stat. 3981; Pub. L. 101–647, title XVI, § 1603, title XXV, §§ 2504(e), 2595(a)(4), Nov. 29, 1990, 104 Stat. 4843, 4861, 4907; Pub. L. 103–322, title XXXIII, § 330004(6), Sept. 13, 1994, 108 Stat. 2141; Pub. L. 106–78, title VII, § 767, Oct. 22, 1999, 113 Stat. 1174; Pub. L. 110–289, div. A, title II, § 1216(c), July 30, 2008, 122 Stat. 2792; Pub. L. 111–203, title III, § 377(5), July 21, 2010, 124 Stat. 1569.) HISTORICAL AND REVISION NOTES 1948 ACT Based on sections 1026(b) and 1514(c) of title 7, U.S.C., 1940 ed., Agriculture, sections 264(u), 984, 1121, 1138d(c), 1311, 1441(c), 1467(c) and 1731(c) of title 12, U.S.C., 1940 ed., Banks and Banking, and section 616(c) of title 15, U.S.C., 1940 ed., Commerce and Trade (Dec. 23, 1913, ch. 6, § 12B(u), as added June 16, 1933, ch. 89, § 8, 48 Stat. 178; July 17, 1916, ch. 245, § 31, fourth par., 39 Stat. 383; July 17, 1916, ch. 245, § 211(a), as added Mar. 4, 1923, ch. 252, § 2, 42 Stat. 1459; Mar. 4, 1923, ch. 252, title II, § 216(a), 42 Stat. 1471; Jan. 22, 1932, ch. 8, § 16(c), 47 Stat. 11; July 22, 1932, ch. 522, § 21(c), 47 Stat. 738; Ex. Ord. No. 6084, Mar. 27, 1933; June 13, 1933, ch. 64, § 8(c), 48 Stat. 135; June 16, 1933, ch. 98, § 64(c), 48 Stat. 268; Jan. 31, 1934, ch. 7, § 13, 48 Stat. 347; June 27, 1934, ch. 847, § 512(c), 48 Stat. 1265; Aug. 23, 1935, ch. 614, § 101, 49 Stat. 701; July 22, 1937, ch. 517, title IV, § 52(b), 50 Stat. 532; Feb. 16, 1938, ch. 30, title V, § 514(c), 52 Stat. 76; Aug. 14, 1946, ch. 964, § 3, 60 Stat. 1064). Each of the eleven sections from which this section was derived contained similar provisions relating to embezzlement, false entries, and fraudulent issuance or assignment of obligations with respect to one or more named agencies or corporations. These were divided and the false entry and fraudulent issuance or assignment of obligation provisions of all, form the basis of this section. The remaining provisions of each section, relating to embezzlement and misapplication, form the basis for section 657 of this title. That portion of said section 616(c) of title 15, re- lating to disclosure of information, forms the basis for section 1904 of this title. Each revised section condenses and simplifies the constituent provisions without change of substance ex- cept as herein indicated. The punishment provisions in each section were the same except that in section 1026(b) of title 7, U.S.C., 1940 ed., and sections 984, 1121, and 1311 of title 12, U.S.C., 1940 ed., the maximum fine was $5,000. This con- solidated section adopts the $10,000 maximum fine pro- vided by the seven other sections. References to persons aiding or abetting contained in sections 984, 1121, and 1311 of title 12, U.S.C., 1940 ed., were omitted as unnecessary, as such persons are made principals by section 2 of this title. The term ‘‘receiver,’’ used in sections 1121 and 1311 of title 12, U.S.C., 1940 ed., with reference to Federal inter- mediate credit banks and agricultural credit corpora- tions, was omitted as this term is undoubtedly em- braced in the phrase ‘‘or connected in any capacity with.’’ The term ‘‘or of any department or agency of the United States’’ was inserted in order to clarify the sweeping provisions against fraudulent acts and to