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CITE

    18 USC Sec. 1005                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 47 - FRAUD AND FALSE STATEMENTS

HEAD

    Sec. 1005. Bank entries, reports and transactions

STATUTE

      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
    directors of such bank, branch, agency, or organization or company,
    issues or puts in circulation any notes of such bank, branch,
    agency, or organization or company; or
      Whoever, without such authority, makes, draws, issues, puts
    forth, or assigns any certificate of deposit, draft, order, bill of
    exchange, acceptance, note, debenture, bond, or other obligation,
    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 person, or to deceive any officer of such bank,
    company, branch, agency, or organization, or the Comptroller of the
    Currency, or the Federal Deposit Insurance Corporation, or any
    agent or examiner appointed to examine the affairs of such bank,
    company, branch, agency, or organization, or the Board of Governors
    of the Federal Reserve System; or
      Whoever with intent to defraud the United States or any agency
    thereof, or any financial institution 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 financial
    institution -
      Shall be fined not more than $1,000,000 or imprisoned 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
    includes 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 association, trust
    company, savings bank, or other banking institution, the deposits
    of which are insured by the Federal Deposit Insurance Corporation;
    and the term "branch or agency of a foreign bank" means a branch or
    agency described 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 Insurance Act.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 750; Pub. L. 101-73, title IX,
    Sec. 961(d), Aug. 9, 1989, 103 Stat. 499; Pub. L. 101-647, title
    XXV, Secs. 2504(d), 2595(a)(3), 2597(h), Nov. 29, 1990, 104 Stat.
    4861, 4907, 4910; Pub. L. 107-273, div. B, title IV, Sec.
    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. Sec. 5209; Dec. 23, 1913, ch. 6, Sec. 22(i) as
    added June 19, 1934, ch. 653, Sec. 3, 48 Stat. 1107; Sept. 26,
    1918, ch. 177, Sec. 7, 40 Stat. 972; Aug. 23, 1935, ch. 614, Sec.
    316, 49 Stat. 712).
      (See reviser's note under section 656 of this title for
    comprehensive statement of reasons for separating section 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 enumeration 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, except that, like
    said section 656 of this title, the different punishment provisions
    were reconciled, and one uniform punishment provision was adopted.
      The words "shall be deemed guilty of a misdemeanor" 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 omitted as
    unnecessary, since punishment cannot be imposed 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.

REFERENCES IN TEXT

      Section 25 of the Federal Reserve Act, referred to in text, is
    classified to subchapter I (Sec. 601 et seq.) of chapter 6 of Title
    12, Banks and Banking. Section 25(a) of the Federal Reserve Act,
    which is classified to subchapter II (Sec. 611 et seq.) of chapter
    6 of Title 12, was renumbered section 25A of that act by Pub. L.
    102-242, title I, Sec. 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, Secs. 2504(d), 2595(a)(3)(A), (B),
    2597(h), in first par. substituted "depository institution" for
    "bank or savings and loan", "national bank, insured bank, branch or
    agency of a foreign bank, or organization operating under section
    25 or section 25(a) of the Federal Reserve Act," for "national bank
    or insured bank", and "of such bank, branch, agency, or
    organization or company" for "of such bank" in two places, in third
    par. substituted "bank, company, branch, agency, or organization"
    for "bank or company" in four places, and in fifth par. substituted
    "30" for "20" before "years".
      Pub. L. 101-647, Sec. 2597(h)(3)(A), in sixth par. struck out
    "and" after "one of the Federal Reserve Banks;".
      Pub. L. 101-647, Sec. 2597(h)(3)(B), which, in sixth par.,
    directed 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 inserted before period at end
    of first sentence to reflect the probable intent of Congress and
    intervening amendment by Pub. L. 101-647, Sec. 2595(a)(3)(C). See
    below.
      Pub. L. 101-647, Sec. 2595(a)(3)(C), inserted "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 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
    semicolon for the dash after "Federal Reserve System", added fourth
    par. reading: "Whoever with intent to defraud the United States or
    any agency thereof, or any financial institution 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 financial institution - ", and, in fifth par. substituted
    "$1,000,000" for "$5,000" and "20 years" for "five years".

EXCEPTION AS TO TRANSFER OF FUNCTIONS

      Functions vested by any provision of law in Comptroller of the
    Currency, referred to in this section, were not included in
    transfer of functions of officers, agencies and employees of
    Department of the Treasury to Secretary of the Treasury, made by
    Reorg. Plan No. 26 of 1950, Sec. 1, eff. July 31, 1950, 15 F.R.
    4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government
    Organization and Employees.

FOOTNOTE

    (!1) See References in Text note below.
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