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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