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CITE

    18 USC Sec. 1341                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 63 - MAIL FRAUD AND OTHER FRAUD OFFENSES

HEAD

    Sec. 1341. Frauds and swindles

STATUTE

      Whoever, having devised or intending to devise any scheme or
    artifice to defraud, or for obtaining money or property by means of
    false or fraudulent pretenses, representations, or promises, or to
    sell, dispose of, loan, exchange, alter, give away, distribute,
    supply, or furnish or procure for unlawful use any counterfeit or
    spurious coin, obligation, security, or other article, or anything
    represented to be or intimated or held out to be such counterfeit
    or spurious article, for the purpose of executing such scheme or
    artifice or attempting so to do, places in any post office or
    authorized depository for mail matter, any matter or thing whatever
    to be sent or delivered by the Postal Service, or deposits or
    causes to be deposited any matter or thing whatever to be sent or
    delivered by any private or commercial interstate carrier, or takes
    or receives therefrom, any such matter or thing, or knowingly
    causes to be delivered by mail or such carrier according to the
    direction thereon, or at the place at which it is directed to be
    delivered by the person to whom it is addressed, any such matter or
    thing, shall be fined under this title or imprisoned not more than
    20 years, or both. If the violation occurs in relation to, or
    involving any benefit authorized, transported, transmitted,
    transferred, disbursed, or paid in connection with, a
    presidentially declared major disaster or emergency (as those terms
    are defined in section 102 of the Robert T. Stafford Disaster
    Relief and Emergency Assistance Act (42 U.S.C. 5122)), or affects a
    financial institution, such person 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. 763; May 24, 1949, ch. 139, Sec.
    34, 63 Stat. 94; Pub. L. 91-375, Sec. (6)(j)(11), Aug. 12, 1970, 84
    Stat. 778; Pub. L. 101-73, title IX, Sec. 961(i), Aug. 9, 1989, 103
    Stat. 500; Pub. L. 101-647, title XXV, Sec. 2504(h), Nov. 29, 1990,
    104 Stat. 4861; Pub. L. 103-322, title XXV, Sec. 250006, title
    XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2087, 2147;
    Pub. L. 107-204, title IX, Sec. 903(a), July 30, 2002, 116 Stat.
    805; Pub. L. 110-179, Sec. 4, Jan. 7, 2008, 121 Stat. 2557.)

HISTORICAL AND REVISION NOTES

                                 1948 ACT
      Based on title 18, U.S.C., 1940 ed., Sec. 338 (Mar. 4, 1909, ch.
    321, Sec. 215, 35 Stat. 1130).
      The obsolete argot of the underworld was deleted as suggested by
    Hon. Emerich B. Freed, United States district judge, in a paper
    read before the 1944 Judicial Conference for the sixth circuit in
    which he said:
      A brief reference to Sec. 1341, which proposes to reenact the
    present section covering the use of the mails to defraud. This
    section is almost a page in length, is involved, and contains a
    great deal of superfluous language, including such terms as
    "sawdust swindle, green articles, green coin, green goods and green
    cigars." This section could be greatly simplified, and now-
    meaningless language eliminated.
      The other surplusage was likewise eliminated and the section
    simplified without change of meaning.
      A reference to causing to be placed any letter, etc. in any post
    office, or station thereof, etc. was omitted as unnecessary because
    of definition of "principal" in section 2 of this title.
                                 1949 ACT
      This section [section 34] corrects a typographical error in
    section 1341 of title 18, U.S.C.
                                AMENDMENTS
      2008 - Pub. L. 110-179 inserted "occurs in relation to, or
    involving any benefit authorized, transported, transmitted,
    transferred, disbursed, or paid in connection with, a
    presidentially declared major disaster or emergency (as those terms
    are defined in section 102 of the Robert T. Stafford Disaster
    Relief and Emergency Assistance Act (42 U.S.C. 5122)), or" after
    "If the violation".
      2002 - Pub. L. 107-204 substituted "20 years" for "five years".
      1994 - Pub. L. 103-322, Sec. 330016(1)(H), substituted "fined
    under this title" for "fined not more than $1,000" after "thing,
    shall be".
      Pub. L. 103-322, Sec. 250006, inserted "or deposits or causes to
    be deposited any matter or thing whatever to be sent or delivered
    by any private or commercial interstate carrier," after "Postal
    Service," and "or such carrier" after "causes to be delivered by
    mail".
      1990 - Pub. L. 101-647 substituted "30" for "20" before "years".
      1989 - Pub. L. 101-73 inserted at end "If the violation affects a
    financial institution, such person shall be fined not more than
    $1,000,000 or imprisoned not more than 20 years, or both."
      1970 - Pub. L. 91-375 substituted "Postal Service" for "Post
    Office Department".
      1949 - Act May 24, 1949, substituted "of" for "or" after
    "dispose".
                     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
    Service.
                       SHORT TITLE OF 2002 AMENDMENT
      Pub. L. 107-204, title IX, Sec. 901, July 30, 2002, 116 Stat.
    804, provided that: "This title [enacting sections 1349 and 1350 of
    this title, amending this section, section 1343 of this title, and
    section 1131 of Title 29, Labor, and enacting provisions set out as
    notes under section 994 of Title 28, Judiciary and Judicial
    Procedure] may be cited as the 'White-Collar Crime Penalty
    Enhancement Act of 2002'."
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