US Code Title 18 Section 215

CITE

    18 USC Sec. 215                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 11 - BRIBERY, GRAFT, AND CONFLICTS OF INTEREST

HEAD

    Sec. 215. Receipt of commissions or gifts for procuring loans

STATUTE

      (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
      institution; or
        (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
      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, 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.
      [(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.

SOURCE

    (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.
                             PRIOR PROVISIONS
      A prior section 215 of this title was renumbered section 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, 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
    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 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]."