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CITE

    18 USC Sec. 709                                             01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 33 - EMBLEMS, INSIGNIA, AND NAMES

HEAD

    Sec. 709. False advertising or misuse of names to indicate Federal
      agency

STATUTE

      Whoever, except as permitted by the laws of the United States,
    uses the words "national", "Federal", "United States", "reserve",
    or "Deposit Insurance" as part of the business or firm name of a
    person, corporation, partnership, business trust, association or
    other business entity engaged in the banking, loan, building and
    loan, brokerage, factorage, insurance, indemnity, savings or trust
    business; or
      Whoever falsely advertises or represents, or publishes or
    displays any sign, symbol or advertisement reasonably calculated to
    convey the impression that a nonmember bank, banking association,
    firm or partnership is a member of the Federal reserve system; or
      Whoever, except as expressly authorized by Federal law, uses the
    words "Federal Deposit", "Federal Deposit Insurance", or "Federal
    Deposit Insurance Corporation" or a combination of any three of
    these words, as the name or a part thereof under which he or it
    does business, or advertises or otherwise represents falsely by any
    device whatsoever that his or its deposit liabilities, obligations,
    certificates, or shares are insured or guaranteed by the Federal
    Deposit Insurance Corporation, or by the United States or by any
    instrumentality thereof, or whoever advertises that his or its
    deposits, shares, or accounts are federally insured, or falsely
    advertises or otherwise represents by any device whatsoever the
    extent to which or the manner in which the deposit liabilities of
    an insured bank or banks are insured by the Federal Deposit
    Insurance Corporation; or
      Whoever, other than a bona fide organization or association of
    Federal or State credit unions or except as permitted by the laws
    of the United States, uses as a firm or business name or transacts
    business using the words "National Credit Union", "National Credit
    Union Administration", "National Credit Union Board", "National
    Credit Union Share Insurance Fund", "Share Insurance", or "Central
    Liquidity Facility", or the letters "NCUA", "NCUSIF", or "CLF", or
    any other combination or variation of those words or letters alone
    or with other words or letters, or any device or symbol or other
    means, reasonably calculated to convey the false impression that
    such name or business has some connection with, or authorization
    from, the National Credit Union Administration, the Government of
    the United States, or any agency thereof, which does not in fact
    exist, or falsely advertises or otherwise represents by any device
    whatsoever that his or its business, product, or service has been
    in any way endorsed, authorized, or approved by the National Credit
    Union Administration, the Government of the United States, or any
    agency thereof, or falsely advertises or otherwise represents by
    any device whatsoever that his or its deposit liabilities,
    obligations, certificates, shares, or accounts are insured under
    the Federal Credit Union Act or by the United States or any
    instrumentality thereof, or being an insured credit union as
    defined in that Act falsely advertises or otherwise represents by
    any device whatsoever the extent to which or the manner in which
    share holdings in such credit union are insured under such Act; or
      Whoever, not being organized under chapter 7 of Title 12,
    advertises or represents that it makes Federal Farm loans or
    advertises or offers for sale as Federal Farm loan bonds any bond
    not issued under chapter 7 of Title 12, or uses the word "Federal"
    or the words "United States" or any other words implying Government
    ownership, obligation or supervision in advertising or offering for
    sale any bond, note, mortgage or other security not issued by the
    Government of the United States under the provisions of said
    chapter 7 or some other Act of Congress; or
      Whoever uses the words "Federal Home Loan Bank" or any
    combination or variation of these words alone or with other words
    as a business name or part of a business name, or falsely
    publishes, advertises or represents by any device or symbol or
    other means reasonably calculated to convey the impression that he
    or it is a Federal Home Loan Bank or member of or subscriber for
    the stock of a Federal Home Loan Bank; or
      Whoever uses the words "Federal intermediate credit bank" as part
    of the business or firm name for any person, corporation,
    partnership, business trust, association or other business entity
    not organized as an intermediate credit bank under the laws of the
    United States; or
      Whoever uses as a firm or business name the words "Department of
    Housing and Urban Development", "Housing and Home Finance Agency",
    "Federal Housing Administration", "Government National Mortgage
    Association", "United States Housing Authority", or "Public Housing
    Administration" or the letters "HUD", "FHA", "PHA", or "USHA", or
    any combination or variation of those words or the letters "HUD",
    "FHA", "PHA", or "USHA" alone or with other words or letters
    reasonably calculated to convey the false impression that such name
    or business has some connection with, or authorization from, the
    Department of Housing and Urban Development, the Housing and Home
    Finance Agency, the Federal Housing Administration, the Government
    National Mortgage Association, the United States Housing Authority,
    the Public Housing Administration, the Government of the United
    States, or any agency thereof, which does not in fact exist, or
    falsely claims that any repair, improvement, or alteration of any
    existing structure is required or recommended by the Department of
    Housing and Urban Development, the Housing and Home Finance Agency,
    the Federal Housing Administration, the Government National
    Mortgage Association, the United States Housing Authority, the
    Public Housing Administration, the Government of the United States,
    or any agency thereof, for the purpose of inducing any person to
    enter into a contract for the making of such repairs, alterations,
    or improvements, or falsely advertises or falsely represents by any
    device whatsoever that any housing unit, project, business, or
    product has been in any way endorsed, authorized, inspected,
    appraised, or approved by the Department of Housing and Urban
    Development, the Housing and Home Finance Agency, the Federal
    Housing Administration, the Government National Mortgage
    Association, the United States Housing Authority, the Public
    Housing Administration, the Government of the United States, or any
    agency thereof; or
      Whoever, except with the written permission of the Director of
    the Federal Bureau of Investigation, knowingly uses the words
    "Federal Bureau of Investigation" or the initials "F.B.I.", or any
    colorable imitation of such words or initials, in connection with
    any advertisement, circular, book, pamphlet or other publication,
    play, motion picture, broadcast, telecast, or other production, in
    a manner reasonably calculated to convey the impression that such
    advertisement, circular, book, pamphlet or other publication, play,
    motion picture, broadcast, telecast, or other production, is
    approved, endorsed, or authorized by the Federal Bureau of
    Investigation; or
      Whoever, except with written permission of the Director of the
    United States Secret Service, knowingly uses the words "Secret
    Service", "Secret Service Uniformed Division", the initials
    "U.S.S.S.", "U.D.", or any colorable imitation of such words or
    initials, in connection with, or as a part of any advertisement,
    circular, book, pamphlet or other publication, play, motion
    picture, broadcast, telecast, other production, product, or item,
    in a manner reasonably calculated to convey the impression that
    such advertisement, circular, book, pamphlet or other publication,
    product, or item, is approved, endorsed, or authorized by or
    associated in any manner with, the United States Secret Service, or
    the United States Secret Service Uniformed Division; or
      Whoever, except with the written permission of the Director of
    the United States Mint, knowingly uses the words "United States
    Mint" or "U.S. Mint" or any colorable imitation of such words, in
    connection with any advertisement, circular, book, pamphlet, or
    other publication, play, motion picture, broadcast, telecast, or
    other production, in a manner reasonably calculated to convey the
    impression that such advertisement, circular, book, pamphlet, or
    other publication, play, motion picture, broadcast, telecast, or
    other production, is approved, endorsed, or authorized by or
    associated in any manner with, the United States Mint; or
      Whoever uses the words "Overseas Private Investment", "Overseas
    Private Investment Corporation", or "OPIC", as part of the business
    or firm name of a person, corporation, partnership, business trust,
    association, or business entity; or
      Whoever, except with the written permission of the Administrator
    of the Drug Enforcement Administration, knowingly uses the words
    "Drug Enforcement Administration" or the initials "DEA" or any
    colorable imitation of such words or initials, in connection with
    any advertisement, circular, book, pamphlet, software or other
    publication, play, motion picture, broadcast, telecast, or other
    production, in a manner reasonably calculated to convey the
    impression that such advertisement, circular, book, pamphlet,
    software or other publication, play, motion picture, broadcast,
    telecast, or other production is approved, endorsed, or authorized
    by the Drug Enforcement Administration; or
      Whoever, except with the written permission of the Director of
    the United States Marshals Service, knowingly uses the words
    "United States Marshals Service", "U.S. Marshals Service", "United
    States Marshal", "U.S. Marshal", "U.S.M.S.", or any colorable
    imitation of any such words, or the likeness of a United States
    Marshals Service badge, logo, or insignia on any item of apparel,
    in connection with any advertisement, circular, book, pamphlet,
    software, or other publication, or any play, motion picture,
    broadcast, telecast, or other production, in a manner that is
    reasonably calculated to convey the impression that the wearer of
    the item of apparel is acting pursuant to the legal authority of
    the United States Marshals Service, or to convey the impression
    that such advertisement, circular, book, pamphlet, software, or
    other publication, or such play, motion picture, broadcast,
    telecast, or other production, is approved, endorsed, or authorized
    by the United States Marshals Service;
      Shall be punished as follows: a corporation, partnership,
    business trust, association, or other business entity, by a fine
    under this title; an officer or member thereof participating or
    knowingly acquiescing in such violation or any individual violating
    this section, by a fine under this title or imprisonment for not
    more than one year, or both.
      This section shall not make unlawful the use of any name or title
    which was lawful on the date of enactment of this title.
      This section shall not make unlawful the use of the word
    "national" as part of the name of any business or firm engaged in
    the insurance or indemnity business, whether such firm was engaged
    in the insurance or indemnity business prior or subsequent to the
    date of enactment of this paragraph.
      A violation of this section may be enjoined at the suit of the
    United States Attorney, upon complaint by any duly authorized
    representative of any department or agency of the United States.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 733; Sept. 21, 1950, ch. 967,
    Sec. 3(a), 64 Stat. 894; Oct. 31, 1951, ch. 655, Sec. 22, 65 Stat.
    719; July 3, 1952, ch. 547, 66 Stat. 321; Aug. 2, 1954, ch. 649,
    title I, Sec. 131, 68 Stat. 609; Aug. 27, 1954, ch. 1008, 68 Stat.
    867; Pub. L. 90-19, Sec. 24(b), May 25, 1967, 81 Stat. 27; Pub. L.
    90-448, title VIII, Sec. 807(i), Aug. 1, 1968, 82 Stat. 545; Pub.
    L. 91-468, Sec. 5, Oct. 19, 1970, 84 Stat. 1016; Pub. L. 95-630,
    title XVIII, Sec. 1804, Nov. 10, 1978, 92 Stat. 3723; Pub. L. 99-
    204, Sec. 16, Dec. 23, 1985, 99 Stat. 1676; Pub. L. 100-690, title
    VII, Sec. 7079(a), Nov. 18, 1988, 102 Stat. 4406; Pub. L. 102-390,
    title II, Sec. 223, Oct. 6, 1992, 106 Stat. 1629; Pub. L. 103-322,
    title XXXII, Sec. 320911(a), title XXXIII, Secs. 330004(3),
    330016(2)(C), Sept. 13, 1994, 108 Stat. 2127, 2141, 2148; Pub. L.
    104-294, title VI, Secs. 602(a), 604(b)(19), (41), Oct. 11, 1996,
    110 Stat. 3503, 3507, 3509; Pub. L. 105-184, Sec. 7, June 23, 1998,
    112 Stat. 522; Pub. L. 107-273, div. B, title IV, Sec. 4002(a)(10),
    Nov. 2, 2002, 116 Stat. 1807.)

HISTORICAL AND REVISION NOTES

      Based on sections 264(v)(1), 583, 584, 585, 586, 587, 1128, 1318,
    1441(d), 1731(d) of title 12, U.S.C., 1940 ed., Banks and Banking,
    section 616(d) of title 15, U.S.C., 1940 ed., Commerce and Trade,
    and section 1426 of title 42, U.S.C., 1940 ed., The Public Health
    and Welfare (R.S. Sec. 5243; Dec. 23, 1913, ch. 6, Sec. 12B(v), as
    added June 16, 1933, ch. 89, Sec. 8, 48 Stat. 178; July 17, 1916,
    ch. 245, Sec. 211h, as added Mar. 4, 1923, ch. 252, Sec. 2, 42
    Stat. 1461; Mar. 4, 1923, ch. 252, title II, Sec. 216, 42 Stat.
    1471; May 24, 1926, ch. 377, Secs. 1-4, 44 Stat. 628; Jan. 22,
    1932, ch. 8, Sec. 16(d), 47 Stat. 12; July 22, 1932, ch. 522, Sec.
    21, 47 Stat. 738; June 27, 1934, ch. 847, Sec. 512, 48 Stat. 1265;
    Aug. 23, 1935, ch. 614, Secs. 101, 203a, 318, 332, 49 Stat. 684,
    704, 712, 719; Apr. 21, 1936, ch. 244, 49 Stat. 1237; Sept. 1,
    1937, ch. 896, Sec. 26, 50 Stat. 899; Feb. 3, 1938, ch. 13, Secs.
    9, 10, 52 Stat. 24, 25; June 28, 1941, ch. 261, Sec. 10, 55 Stat.
    365).
      Numerous sections were consolidated with changes both of
    phraseology and substance necessary to effect consolidation.
      The proviso of section 585 of said title 12 was omitted, since
    the consolidated section obviously cannot be construed as
    forbidding Federal agencies, boards, and corporations from using
    their legal names. The right to continue the use of a name, lawful
    on the effective date of this section, is preserved.
      Last paragraph is based upon section 587 of said title 12. Words
    "At the suit of" were substituted for "at the instance of". United
    States Attorneys are the chief law officers of the districts.
    United States v. Smith, 1895, 15 S. Ct. 846, 158 U.S. 346, 39 L.
    Ed. 1011; McKay v. Rogers, C. C. A. Okl. 1936, 82 F. 2d 795.
    Federal courts will not recognize suits on behalf of the United
    States unless the Government is represented by a United States
    Attorney. Confiscation cases, La. 1868, 7 Wall. 454, 19 L. Ed. 196.
      The words "any duly authorized representative of any department
    or agency of the United States" were substituted for the
    enumeration of agencies which may make complaint thus making the
    provision more flexible and less cumbersome.
      This consolidated section reconciles the disparities and
    inconsistencies of 12 sections; thus providing a harmonious scheme
    for the punishment of similar offenses.
      The punishment provision was drawn from section 587 of title 12,
    U.S.C., 1940 ed., Banks and Banking, but is in substance and effect
    the same as in sections 264v(1), 1441(d) and 1731(d) of said title
    12, but the civil penalty of $50 per day which was in sections 583,
    1128, and 1318 of said title 12, was omitted as inconsistent with
    later acts dealing with similar offenses. Too often actions to
    recover civil penalties result in judgments which cannot be
    collected, and yet as long as they remain uncollected they clog the
    administration of justice.
      It was necessary to substitute a fine in place of a $50 per diem
    penalty for business entities embraced in sections 583, 1128, and
    1318 of said title 12, and fine and imprisonment for individuals
    responsible for such violations. Similarly the penalty of $1,000
    fine in section 1426 of title 42, The Public Health and Welfare,
    was changed to permit alternative fine or imprisonment for
    individuals responsible for violation.

REFERENCES IN TEXT

      The Federal Credit Union Act, referred to in text, is act June
    26, 1934, ch. 750, 48 Stat. 1216, as amended, which is classified
    generally to chapter 14 (Sec. 1751 et seq.) of Title 12, Banks and
    Banking. For complete classification of this Act to the Code, see
    section 1751 of Title 12 and Tables.
      Chapter 7 of Title 12, referred to in text, which contained the
    Federal Farm Loan Act (act July 17, 1916, ch. 245, 39 Stat. 360) as
    amended, was classified principally to section 641 et seq. of Title
    12. The Federal Farm Loan Act, as amended, was repealed by section
    5.26(a) of the Farm Credit Act of 1971, Pub. L. 92-181, Dec. 10,
    1971, 85 Stat. 624. Section 5.26(a) of the Farm Credit Act of 1971
    also provided that all references in other legislation to the Acts
    repealed thereby "shall be deemed to refer to comparable provisions
    of this Act". For further details, see notes under section 2001 of
    Title 12. For complete classification of the Federal Farm Loan Act
    to the Code prior to such repeal, see Tables.
      The date of enactment of this title, referred to in fifteenth
    par., means June 25, 1948.
      The date of enactment of this paragraph, referred to in
    penultimate par., means July 3, 1952.

AMENDMENTS

      2002 - Pub. L. 107-273, in thirteenth par., substituted "Whoever"
    for "A person who" and inserted "or" at end.
      1998 - Pub. L. 105-184 inserted fourteenth par. that extended
    prohibitions of section to unauthorized use of term "United States
    Marshals Service" or any colorable imitation, or likeness of a
    United States Marshals Service badge, logo, or insignia on any item
    of apparel.
      1996 - Pub. L. 104-294, Sec. 604(b)(41), amended directory
    language of Pub. L. 103-322, Sec. 330004(3). See 1994 Amendment
    note below.
      Pub. L. 104-294, Sec. 604(b)(19), amended directory language of
    Pub. L. 103-322, Sec. 320911(a). See 1994 Amendment notes below.
      Pub. L. 104-294, Sec. 602(a), which directed amendment of this
    section by striking out "Whoever uses as a firm or business name
    the words 'Reconstruction Finance Corporation' or any combination
    or variation of these words - ", could not be executed because that
    language did not appear in text subsequent to amendment by Pub. L.
    103-322, Sec. 330004(3), as amended. See 1994 Amendment note below.
      1994 - Pub. L. 103-322, Sec. 330016(2)(C), substituted "fine
    under this title" for "fine of not more than $1,000" in two places
    in par. relating to punishment.
      Pub. L. 103-322, Sec. 330004(3), struck out seventh par. which
    read as follows: "Whoever uses the words 'National Agricultural
    Credit Corporation' as part of the business or firm name of a
    person, corporation, partnership, business trust, association or
    other business entity not organized under the laws of the United
    States as a National Agricultural Credit Corporation; or".
      Pub. L. 103-322, Sec. 330004(3), as amended by Pub. L. 104-294,
    Sec. 604(b)(41), struck out fourteenth par. which read as follows:
    "Whoever uses as a firm or business name the words 'Reconstruction
    Finance Corporation' or any combination or variation of these words
    - ".
      Pub. L. 103-322, Sec. 320911(a)(2), as amended by Pub. L. 104-
    294, Sec. 604(b)(19), which directed the insertion of a new par.
    relating to use of the words "Drug Enforcement Administration" or
    the initials "DEA" after the fourteenth unnumbered par. was
    executed by inserting such par. after the twelfth par. relating to
    the Overseas Private Investment Corporation, to reflect the
    probable intent of Congress and amendments by Pub. L. 103-322, Sec.
    330004(3). See above.
      Pub. L. 103-322, Sec. 320911(a)(1), as amended by Pub. L. 104-
    294, Sec. 604(b)(19), which directed the substitution of "words;
    or" for "words - " in the fourteenth unnumbered par., could not be
    executed because that par. was struck out by Pub. L. 103-322, Sec.
    330004(3). See above.
      1992 - Pub. L. 102-390 inserted par. prohibiting unauthorized use
    of the terms "United States Mint" or "U.S. Mint".
      1988 - Pub. L. 100-690 inserted provision prohibiting
    unauthorized use of words "Secret Service" or "Secret Service
    Uniformed Division", the initials "U.S.S.S." or "U.D.", or other
    colorable imitation of such words or initials.
      1985 - Pub. L. 99-204 extended prohibitions of this section to
    use of "Overseas Private Investment", "Overseas Private Investment
    Corporation" and "OPIC".
      1978 - Pub. L. 95-630 in fourth par., inserted provisions
    expanding the scope of the prohibition to include anyone, other
    than a bona fide organization or association of Federal or State
    credit unions or except as permitted by the laws of the United
    States, who misuses a firm or business name or transacts business
    using "National Credit Union", "National Credit Union
    Administration", "National Credit Union Board", "National Credit
    Union Share Insurance Fund", "Share Insurance", or "Central
    Liquidity Facility", or "NCUA", "NCUSIF", or "CLF", or any other
    combination or variation of those words or letters reasonably
    calculated to convey the false impression that such name or
    business has some connection with or authorization from the
    National Credit Union Administration, the Government of the United
    States, or any agency thereof or represents by any device
    whatsoever that his business, product, or service is in any way
    endorsed, authorized, or approved or that he is in any way insured
    by the National Credit Union Administration, the Government of the
    United States, or any agency thereof.
      1970 - Pub. L. 91-468 extended prohibition of this section to
    include practices which would falsely represent that assets are
    insured by the Federal Credit Union Act.
      1968 - Pub. L. 90-448, in ninth par., substituted "Government
    National Mortgage Association" for "Federal National Mortgage
    Association" wherever appearing.
      1967 - Pub. L. 90-19 extended prohibition of ninth par. to misuse
    of names "Department of Housing and Urban Development" and "United
    States Housing Authority" and symbols "HUD", "PHA", and "USHA".
      1954 - Act Aug. 27, 1954, brought the use of the name or initials
    of the Federal Bureau of Investigation within the ban of the
    section.
      Act Aug. 2, 1954, in ninth par., inserted references to the
    Housing and Home Finance Agency, the Federal National Mortgage
    Association, and FHA, and inserted provisions relating to false
    claims made with respect to repairs, alterations, or improvements.
      1952 - Act July 3, 1952, permitted use of "national" as a part of
    the name of an insurance or indemnity company in penultimate par.
      1951 - Act Oct. 31, 1951, in ninth par., inserted "Public Housing
    Administration" in lieu of "United States Housing Authority", and
    inserted "Public Housing Administration," after "Federal Housing
    Administration".
      1950 - Act Sept. 21, 1950, in third par., made subject to
    provisions of this section whoever advertises that his or its
    deposit liabilities, obligations, certificates, or shares are
    federally insured.
                     EFFECTIVE DATE OF 1996 AMENDMENT
      Amendment by section 604(b)(19), (41) of Pub. L. 104-294
    effective Sept. 13, 1994, see section 604(d) of Pub. L. 104-294,
    set out as a note under section 13 of this title.
                     EFFECTIVE DATE OF 1994 AMENDMENT
      Section 320911(b) of Pub. L. 103-322 provided that: "The
    amendment made by subsection (a) [amending this section] shall
    become effective on the date that is 90 days after the date of
    enactment of this Act [Sept. 13, 1994]."
                     EFFECTIVE DATE OF 1988 AMENDMENT
      Section 7079(b) of Pub. L. 100-690 provided that: "This section
    [amending this section] shall take effect 90 days after the date of
    enactment of this Act [Nov. 18, 1988]."
                     EFFECTIVE DATE OF 1978 AMENDMENT
      Amendment by Pub. L. 95-630 effective Oct. 1, 1979, see section
    1806 of Pub. L. 95-630, set out as an Effective Date note under
    section 1795 of Title 12, Banks and Banking.
                     EFFECTIVE DATE OF 1968 AMENDMENT
      Amendment by Pub. L. 90-448 effective from and after a date, no
    more than 120 days following Aug. 1, 1968, as established by the
    Secretary of Housing and Urban Development, see section 808 of Pub.
    L. 90-448, set out as an Effective Date note under section 1716b of
    Title 12, Banks and Banking.
                     EFFECTIVE DATE OF 1950 AMENDMENT
      Section 3(b) of act Sept. 21, 1950, provided that: "The amendment
    made by subsection (a) of this section [amending this section]
    shall become effective on January 1, 1951."

TRANSFER OF FUNCTIONS

      For transfer of the functions, personnel, assets, and obligations
    of the United States Secret Service, including the functions of the
    Secretary of the Treasury relating thereto, to the Secretary of
    Homeland Security, and for treatment of related references, see
    sections 381, 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.
      Functions, powers, and duties of Housing and Home Finance Agency,
    Federal Housing Administration, and Public Housing Authority
    transferred to Secretary of Housing and Urban Development who was
    authorized to delegate such functions, powers, and duties to such
    officers and employees of Department of Housing and Urban
    Development as the Secretary may designate, see sections 3534 and
    3535 of Title 42, The Public Health and Welfare.
      United States Housing Authority consolidated with other agencies
    into Housing and Home Finance Agency and name of Authority changed
    to Public Housing Administration by Reorg. Plan No. 3 of 1947, eff.
    July 27, 1947, 12 F.R. 4981, 61 Stat. 954, set out in the Appendix
    to Title 5, Government Organization and Employees.
                 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION
      For creation, succession, and principal office, see section 1717
    of Title 12, Banks and Banking.
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