18 USC Sec. 215 01/05/2009
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST
Sec. 215. Receipt of commissions or gifts for procuring loans
(a) Whoever -
(1) corruptly gives, offers, or promises anything of value to
any person, with intent to influence or reward an officer,
director, employee, agent, or attorney of a financial institution
in connection with any business or transaction of such
(2) as an officer, director, employee, agent, or attorney of a
financial institution, corruptly solicits or demands for the
benefit of any person, or corruptly accepts or agrees to accept,
anything of value from any person, intending to be influenced or
rewarded in connection with any business or transaction of such
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, promised, 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.
(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, Sec. 215, formerly Sec. 220;
Sept. 21, 1950, ch. 967, Sec. 4, 64 Stat. 894; renumbered Sec. 215,
Pub. L. 87-849, Sec. 1(d), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 98-
473, title II, Sec. 1107(a), Oct. 12, 1984, 98 Stat. 2145; Pub. L.
99-370, Sec. 2, Aug. 4, 1986, 100 Stat. 779; Pub. L. 101-73, title
IX, Secs. 961(a), 962(e)(1), Aug. 9, 1989, 103 Stat. 499, 503; Pub.
L. 101-647, title XXV, Sec. 2504(a), Nov. 29, 1990, 104 Stat. 4861;
Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), Sept. 13, 1994,
108 Stat. 2147; Pub. L. 104-294, title VI, Sec. 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, Sec. 22, first
sentence of second paragraph, 38 Stat. 272; July 17, 1916, ch. 245,
Sec. 211(e), as added Mar. 4, 1923, ch. 252, Sec. 2, 42 Stat. 1460;
June 21, 1917, ch. 32, Sec. 11, 40 Stat. 240; Sept. 26, 1918, ch.
177, Sec. 5, part 22(c), 40 Stat. 970; Mar. 4, 1923, ch. 252, title
II, Sec. 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, employees, 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 extension 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.
A prior section 215 of this title was renumbered section 211.
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, Sec. 961(a), in closing
provisions, substituted "$1,000,000" for "$5,000" and "20 years"
for "five years".
Subsec. (b). Pub. L. 101-73, Sec. 962(e)(1), transferred subsec.
(b) to section 20 of this title.
1986 - Pub. L. 99-370 amended section generally, combining in
subsec. (a) the statement of prohibited activities formerly set out
in subsecs. (a) and (b), transferring to subsec. (b) and expanding
provisions formerly set out in subsec. (c) which defined "financial
institution", transferring to subsec. (c) and amending provisions
formerly set out in subsec. (d) relating to applicability of
section, and adding new subsec. (d) relating to establishment of
guidelines to assist financial institutions in complying with this
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 intermediate credit bank, or of a National Agricultural
Credit Corporation, except as provided by law, stipulates 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 endeavoring 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 renewal of
loan or substitution of security, or the purchase 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 imprisoned 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 Insurance Corporation" for
"a member bank of the Federal Reserve System".
EFFECTIVE DATE OF 1986 AMENDMENT
Section 3 of Pub. L. 99-370 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 effect 30 days after the date of the enactment of this Act
[Aug. 4, 1986]."