18 USC Sec. 1712 01/05/2009
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 83 - POSTAL SERVICE
Sec. 1712. Falsification of postal returns to increase compensation
Whoever, being a Postal Service officer or employee, makes a
false return, statement, or account to any officer of the United
States, or makes a false entry in any record, book, or account,
required by law or the rules or regulations of the Postal Service
to be kept in respect of the business or operations of any post
office or other branch of the Postal Service, for the purpose of
fraudulently increasing his compensation or the compensation of the
postmaster or any employee in a post office; or
Whoever, being a Postal Service officer or employee in any post
office or station thereof, for the purpose of increasing the
emoluments or compensation of his office, induces, or attempts to
induce, any person to deposit mail matter in, or forward in any
manner for mailing at, the office where such officer or employee is
employed, knowing such matter to be properly mailable at another
post office -
Shall be fined under this title or imprisoned not more than two
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 780; Pub. L. 91-375, Sec.
6(j)(22), Aug. 12, 1970, 84 Stat. 779; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 329 and on section 172
of title 39, U.S.C., 1940 ed., The Postal Service (Aug. 4, 1886,
ch. 901, Sec. 3, 24 Stat. 221; Mar. 4, 1909, ch. 321, Sec. 206, 35
Stat. 1128; June 10, 1921, ch. 18, Sec. 304, 42 Stat. 24).
Said sections were consolidated.
The texts of the two sections were substantially identical except
that said section 172 of title 39, U.S.C., 1940 ed., provided that
"whenever, upon evidence deemed satisfactory to him, the Postmaster
General shall determine that any such false return has been made,
he may, by order, fix absolutely the compensation of the postmaster
for such special delivery during any quarter or quarters which he
shall deem affected by such false return, and the General
Accounting Office shall adjust the postmaster's account
accordingly", the words "General Accounting Office" having been
substituted for "Auditor" on the authority of the act of June 10,
1921, shown in the credits above. This particular language was
omitted because such powers and duties as it prescribes would
devolve upon the Postmaster General without legislation and also
because said section 172 of Title 39, which was derived from the
act of August 4, 1886, shown in the credits above, was impliedly
repealed by the general repealing clause of section 341 of the
Criminal Code of 1909. Section 208 of that Code contained the
provisions which formed the basis for said section 329 of Title 18.
Reference in said section 329 of title 18, U.S.C., 1940 ed., to
persons assisting, causing or procuring was omitted as unnecessary
in view of definition of "principal" in section 2 of this title.
Minor verbal changes were made.
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $500" in last par.
1970 - Pub. L. 91-375 substituted "Postal Service officer or
employee" for "postmaster or Postal Service employee" and "Postal
Service" for "Post Office Department" after "rules or regulations
of the" in first par. and "Postal Service officer or employee" and
"officer or employee" for "postmaster or employee" and "postmaster
or other person" in second par., respectively.
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-375 effective within 1 year after Aug.
12, 1970, on date established therefor by Board of Governors of
United States Postal Service and published by it in Federal
Register, see section 15(a) of Pub. L. 91-375, set out as an
Effective Date note preceding section 101 of Title 39, Postal