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CITE

    18 USC Sec. 1006                                            01/05/2009

EXPCITE

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

HEAD

    Sec. 1006. Federal credit institution entries, reports and
      transactions

STATUTE

      Whoever, being an officer, agent or employee of or connected in
    any capacity with the Federal Deposit Insurance Corporation,
    National Credit Union Administration, Office of Thrift Supervision,
    any Federal home loan bank, the Federal Housing Finance Agency, the
    Resolution Trust Corporation, Farm Credit Administration,
    Department of Housing and Urban Development, Federal Crop Insurance
    Corporation, the Secretary of Agriculture acting through the
    Farmers Home Administration or successor agency, the Rural
    Development Administration or successor agency, or the Farm Credit
    System Insurance Corporation, a Farm Credit Bank, a bank for
    cooperatives 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 accounts of which are insured
    by the Federal Deposit Insurance Corporation, or by the National
    Credit Union Administration Board or any small business investment
    company, with intent to defraud any such institution or any other
    company, body politic or corporate, or any individual, or to
    deceive any officer, auditor, examiner or agent of any such
    institution or of department 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 exchange, 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 association 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, institution, or association, shall be fined not
    more than $1,000,000 or imprisoned not more than 30 years, or both.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 750; May 24, 1949, ch. 139, Sec.
    20, 63 Stat. 92; July 28, 1956, ch. 773, Sec. 2, 70 Stat. 714; Pub.
    L. 85-699, title VII, Sec. 704, Aug. 21, 1958, 72 Stat. 698; Pub.
    L. 87-353, Sec. 3(s), Oct. 4, 1961, 75 Stat. 774; Pub. L. 90-19,
    Sec. 24(a), May 25, 1967, 81 Stat. 27; Pub. L. 91-468, Sec. 6, Oct.
    19, 1970, 84 Stat. 1016; Pub. L. 101-73, title IX, Secs. 961(e),
    962(a)(7), (8)(A), Aug. 9, 1989, 103 Stat. 500, 502; Pub. L. 101-
    624, title XXIII, Sec. 2303(e), Nov. 28, 1990, 104 Stat. 3981;
    Pub. L. 101-647, title XVI, Sec. 1603, title XXV, Secs. 2504(e),
    2595(a)(4), Nov. 29, 1990, 104 Stat. 4843, 4861, 4907; Pub. L. 103-
    322, title XXXIII, Sec. 330004(6), Sept. 13, 1994, 108 Stat. 2141;
    Pub. L. 106-78, title VII, Sec. 767, Oct. 22, 1999, 113 Stat. 1174;
    Pub. L. 110-289, div. A, title II, Sec. 1216(c), July 30, 2008, 122
    Stat. 2792.)

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, Sec. 12B(u), as added
    June 16, 1933, ch. 89, Sec. 8, 48 Stat. 178; July 17, 1916, ch.
    245, Sec. 31, fourth par., 39 Stat. 383; July 17, 1916, ch. 245,
    Sec. 211(a), as added Mar. 4, 1923, ch. 252, Sec. 2, 42 Stat. 1459;
    Mar. 4, 1923, ch. 252, title II, Sec. 216(a), 42 Stat. 1471; Jan.
    22, 1932, ch. 8, Sec. 16(c), 47 Stat. 11; July 22, 1932, ch. 522,
    Sec. 21(c), 47 Stat. 738; Ex. Ord. No. 6084, Mar. 27, 1933; June
    13, 1933, ch. 64, Sec. 8(c), 48 Stat. 135; June 16, 1933, ch. 98,
    Sec. 64(c), 48 Stat. 268; Jan. 31, 1934, ch. 7, Sec. 13, 48 Stat.
    347; June 27, 1934, ch. 847, Sec. 512(c), 48 Stat. 1265; Aug. 23,
    1935, ch. 614, Sec. 101, 49 Stat. 701; July 22, 1937, ch. 517,
    title IV, Sec. 52(b), 50 Stat. 532; Feb. 16, 1938, ch. 30, title V,
    Sec. 514(c), 52 Stat. 76; Aug. 14, 1946, ch. 964, Sec. 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,
    relating 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 except 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 consolidated section adopts the $10,000 maximum
    fine provided 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 intermediate credit
    banks and agricultural credit corporations, was omitted as this
    term is undoubtedly embraced 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 eliminate any possible ambiguity as to scope
    of section. (See definitions of "department" and "agency" in
    section 6 of this title.)
      Words "shall be deemed guilty of a misdemeanor", contained in
    section 1311 of title 12, U.S.C., 1940 ed., were omitted as
    unnecessary, in view of definition of misdemeanor in section 1 of
    this title.
      Words "and upon conviction", contained in section 1311 of title
    12, U.S.C., 1940 ed., were omitted as surplusage, because
    punishment cannot be imposed until after conviction.
      Words "in any district court of the United States", contained in
    section 1311 of title 12, U.S.C., 1940 ed., were omitted as
    unnecessary, because section 3231 of this title confers
    jurisdiction on the Federal district courts of all crimes and
    offenses defined in this title.
      The conspiracy provisions of section 1138d(f) of title 12,
    U.S.C., 1940 ed., Banks and Banking, were not added to this
    consolidated section for reasons stated in reviser's note under
    section 493 of this title. (See also reviser's note under section
    371 of this title.)
                                 1949 ACT
      [Section 20] conforms section 1006 of title 18, U.S.C., to
    administrative practice which in turn was modified to comply with
    congressional policy. (See note to sec. 11 [of 1949 Act, set out in
    Historical and Revision Notes under section 657 of this title]).
                                AMENDMENTS
      2008 - Pub. L. 110-289 substituted "Federal Housing Finance
    Agency" for "Federal Housing Finance Board".
      1999 - Pub. L. 106-78 inserted "or successor agency" after
    "Farmers Home Administration" and after "Rural Development
    Administration".
      1994 - Pub. L. 103-322 struck out "Reconstruction Finance
    Corporation," after "in any capacity with the" and "Farmers' Home
    Corporation," after "Federal Crop Insurance Corporation,".
      1990 - Pub. L. 101-647, Sec. 2595(a)(4), substituted "Office of
    Thrift Supervision, any Federal home loan bank, the Federal Housing
    Finance Board, the Resolution Trust Corporation," for "Home Owners'
    Loan Corporation,", and directed substitution of "institution,
    other than an insured bank (as defined in section 656), the
    accounts of which are insured by the Federal Deposit Insurance
    Corporation", for "institution the accounts of which are insured by
    the Federal Savings and Loan Insurance Corporation" which was
    executed by making the substitution for "institution the accounts
    of which are insured by the Federal Deposit Insurance Corporation"
    to reflect the probable intent of Congress and intervening
    amendment by Pub. L. 101-647, Sec. 1603, see below.
      Pub. L. 101-647, Sec. 2504(e), substituted "30" for "20" before
    "years".
      Pub. L. 101-647, Sec. 1603, substituted "Federal Deposit
    Insurance Corporation" for "Federal Savings and Loan Insurance
    Corporation".
      Pub. L. 101-624 substituted "Farmers Home Administration, the
    Rural Development Administration" for "Farmers' Home
    Administration".
      1989 - Pub. L. 101-73, Sec. 962(a)(8)(A), substituted "the Farm
    Credit System Insurance Corporation, a Farm Credit Bank, a" for
    "any land bank, intermediate credit bank,".
      Pub. L. 101-73, Sec. 962(a)(7), substituted "National Credit
    Union Administration Board" for "Administrator of the National
    Credit Union Administration".
      Pub. L. 101-73, Sec. 961(e), substituted "$1,000,000" for
    "$10,000" and "20 years" for "five years".
      1970 - Pub. L. 91-468 added National Credit Union Administration
    and its Administrator to the enumeration of Federal Credit
    institutions and personnel.
      1967 - Pub. L. 90-19 substituted "Department of Housing and Urban
    Development" for "Federal Housing Administration".
      1961 - Pub. L. 87-353 struck out reference to Federal Farm
    Mortgage Corporation.
      1958 - Pub. L. 85-699 included officers, agents or employees of
    or connected in any capacity with small business investment
    companies.
      1956 - Act July 28, 1956, included officers, agents or employees
    of or connected in any capacity with any institution the accounts
    of which are insured by the Federal Savings and Loan Insurance
    Corporation.
      1949 - Act May 24, 1949, inserted reference Secretary of
    Agriculture acting through the Farmers' Home Administration.

EXCEPTIONS FROM TRANSFER OF FUNCTIONS

      Functions of Corporations of Department of Agriculture, boards of
    directors and officers of such corporations, Advisory Board of
    Commodity Credit Corporation, and Farm Credit Administration or any
    agency, officer or entity of, under, or subject to supervision of
    said Administration excepted from functions of officers, agencies,
    and employees transferred to Secretary of Agriculture by Reorg.
    Plan No. 2 of 1953, Sec. 1, eff. June 4, 1953, 18 F.R. 3219, 67
    Stat. 633, set out in the Appendix to Title 5, Government
    Organization and Employees.
                   NATIONAL CREDIT UNION ADMINISTRATION
      Establishment as independent agency, membership etc., see section
    1752 et seq. of Title 12, Banks and Banking.
                        FARM CREDIT ADMINISTRATION
      Establishment of Farm Credit Administration as independent
    agency, and other changes in status, function, etc., see Ex. Ord.
    No. 6084, set out prec. section 2241 of Title 12, Banks and
    Banking. See also section 2001 et seq. of Title 12.
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