-CITE-
    18 USC CHAPTER 47 - FRAUD AND FALSE STATEMENTS              01/03/2007

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

-HEAD-
                  CHAPTER 47 - FRAUD AND FALSE STATEMENTS              

-MISC1-
    Sec.                                                     
    1001.       Statements or entries generally.                      
    1002.       Possession of false papers to defraud United States.  
    1003.       Demands against the United States.                    
    1004.       Certification of checks.                              
    1005.       Bank entries, reports and transactions.               
    1006.       Federal credit institution entries, reports and
                 transactions.                                        
    1007.       Federal Deposit Insurance Corporation transactions.   
    [1008, 1009. Repealed.]                                           
    1010.       Department of Housing and Urban Development and
                 Federal Housing Administration transactions.         
    1011.       Federal land bank mortgage transactions.              
    1012.       Department of Housing and Urban Development
                 transactions.                                        
    1013.       Farm loan bonds and credit bank debentures.           
    1014.       Loan and credit applications generally; renewals and
                 discounts; crop insurance.                           
    1015.       Naturalization, citizenship or alien registry.        
    1016.       Acknowledgment of appearance or oath.                 
    1017.       Government seals wrongfully used and instruments
                 wrongfully sealed.                                   
    1018.       Official certificates or writings.                    
    1019.       Certificates by consular officers.                    
    1020.       Highway projects.                                     
    1021.       Title records.                                        
    1022.       Delivery of certificate, voucher, receipt for military
                 or naval property.                                   
    1023.       Insufficient delivery of money or property for
                 military or naval service.                           
    1024.       Purchase or receipt of military, naval, or veteran's
                 facilities property.                                 
    1025.       False pretenses on high seas and other waters.        
    1026.       Compromise, adjustment, or cancellation of farm
                 indebtedness.                                        
    1027.       False statements and concealment of facts in relation
                 to documents required by the Employee Retirement
                 Income Security Act of 1974.                         
    1028.       Fraud and related activity in connection with
                 identification documents and information.(!1)         
    1028A.      Aggravated identity theft.                            
    1029.       Fraud and related activity in connection with access
                 devices.                                             
    1030.       Fraud and related activity in connection with
                 computers.                                           
    1031.       Major fraud against the United States.                
    1032.       Concealment of assets from conservator, receiver, or
                 liquidating agent of financial institution.          
    1033.       Crimes by or affecting persons engaged in the business
                 of insurance whose activities affect interstate
                 commerce.                                            
    1034.       Civil penalties and injunctions for violations of
                 section 1033.                                        
    1035.       False statements relating to health care matters.     
    1036.       Entry by false pretenses to any real property, vessel,
                 or aircraft of the United States or secure area of
                 any airport or seaport.                              
    1037.       Fraud and related activity in connection with
                 electronic mail.                                     
    1038.       False information and hoaxes.                         
    1039.       Fraud and related activity in connection with
                 obtaining confidential phone records information of a
                 covered entity.                                      

                                AMENDMENTS                            
      2007 - Pub. L. 109-476, Sec. 3(b), Jan. 12, 2007, 120 Stat. 3571,
    added item 1039.
      2006 - Pub. L. 109-177, title III, Sec. 302(b), Mar. 9, 2006, 120
    Stat. 233, inserted "or seaport" at end of item 1036.
      2004 - Pub. L. 108-458, title VI, Sec. 6702(b), Dec. 17, 2004,
    118 Stat. 3766, added item 1038.
      Pub. L. 108-275, Sec. 2(b), July 15, 2004, 118 Stat. 832, added
    item 1028A.
      2003 - Pub. L. 108-187, Sec. 4(a)(2), Dec. 16, 2003, 117 Stat.
    2705, added item 1037.
      2000 - Pub. L. 106-547, Sec. 2(b), Dec. 19, 2000, 114 Stat. 2739,
    added item 1036.
      1998 - Pub. L. 105-318, Sec. 3(h)(2), Oct. 30, 1998, 112 Stat.
    3009, inserted "and information" at end of item 1028.
      1996 - Pub. L. 104-294, title VI, Sec. 601(f)(8), Oct. 11, 1996,
    110 Stat. 3500, substituted "veteran's facilities" for "veterans'
    facilities" in item 1024.
      Pub. L. 104-191, title II, Sec. 244(b), Aug. 21, 1996, 110 Stat.
    2017, added item 1035.
      1994 - Pub. L. 103-322, title XXXII, Sec. 320603(b), Sept. 13,
    1994, 108 Stat. 2118, added items 1033 and 1034.
      1990 - Pub. L. 101-647, title XXV, Sec. 2501(b), title XXXV, Sec.
    3532, Nov. 29, 1990, 104 Stat. 4860, 4925, inserted a period after
    "1031" and added item 1032.
      1989 - Pub. L. 101-73, title IX, Secs. 961(g)(2), 962(a)(4), Aug.
    9, 1989, 103 Stat. 500, 502, struck out item 1008 "Federal Savings
    and Loan Insurance Corporation transactions" and item 1009 "Rumors
    regarding Federal Savings and Loan Insurance Corporation".
      1988 - Pub. L. 100-700, Sec. 2(c), Nov. 19, 1988, 102 Stat. 4632,
    added item 1031.
      1984 - Pub. L. 98-473, title II, Secs. 1602(b), 2102(b), Oct. 12,
    1984, 98 Stat. 2184, 2192, added items 1029 and 1030.
      1982 - Pub. L. 97-398, Sec. 3, Dec. 31, 1982, 96 Stat. 2010,
    added item 1028.
      1974 - Pub. L. 93-406, title I, Sec. 111(a)(2)(B)(iii), Sept. 2,
    1974, 88 Stat. 852, substituted "Employee Retirement Income
    Security Act of 1974" for "Welfare and Pension Plans Disclosure
    Act" in item 1027.
      1967 - Pub. L. 90-19, Sec. 24(e), May 25, 1967, 81 Stat. 28,
    included "Department of Housing and Urban Development" in item
    1010, and substituted the same for "Public Housing Administration"
    in item 1012.
      1962 - Pub. L. 87-420, Sec. 17(d), Mar. 20, 1962, 76 Stat. 42,
    added item 1027.
      1951 - Act Oct. 31, 1951, ch. 655, Sec. 25, 65 Stat. 720,
    substituted "Public Housing Administration" for "United States
    Housing Authority" in item 1012.
      1949 - Act May 24, 1949, ch. 139, Secs. 18, 19, 63 Stat. 92,
    corrected spelling in item 1012 and substituted "officers" for
    "offices" in item 1019.

-FOOTNOTE-
    (!1) Section catchline amended by Pub. L. 108-21 without
         corresponding amendment of chapter analysis.


-End-



-CITE-
    18 USC Sec. 1001                                            01/03/2007

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

-HEAD-
    Sec. 1001. Statements or entries generally

-STATUTE-
      (a) Except as otherwise provided in this section, whoever, in any
    matter within the jurisdiction of the executive, legislative, or
    judicial branch of the Government of the United States, knowingly
    and willfully - 
        (1) falsifies, conceals, or covers up by any trick, scheme, or
      device a material fact;
        (2) makes any materially false, fictitious, or fraudulent
      statement or representation; or
        (3) makes or uses any false writing or document knowing the
      same to contain any materially false, fictitious, or fraudulent
      statement or entry;

    shall be fined under this title, imprisoned not more than 5 years
    or, if the offense involves international or domestic terrorism (as
    defined in section 2331), imprisoned not more than 8 years, or
    both. If the matter relates to an offense under chapter 109A, 109B,
    110, or 117, or section 1591, then the term of imprisonment imposed
    under this section shall be not more than 8 years.
      (b) Subsection (a) does not apply to a party to a judicial
    proceeding, or that party's counsel, for statements,
    representations, writings or documents submitted by such party or
    counsel to a judge or magistrate in that proceeding.
      (c) With respect to any matter within the jurisdiction of the
    legislative branch, subsection (a) shall apply only to - 
        (1) administrative matters, including a claim for payment, a
      matter related to the procurement of property or services,
      personnel or employment practices, or support services, or a
      document required by law, rule, or regulation to be submitted to
      the Congress or any office or officer within the legislative
      branch; or
        (2) any investigation or review, conducted pursuant to the
      authority of any committee, subcommittee, commission or office of
      the Congress, consistent with applicable rules of the House or
      Senate.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 749; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L.
    104-292, Sec. 2, Oct. 11, 1996, 110 Stat. 3459; Pub. L. 108-458,
    title VI, Sec. 6703(a), Dec. 17, 2004, 118 Stat. 3766; Pub. L. 109-
    248, title I, Sec. 141(c), July 27, 2006, 120 Stat. 603.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 18, U.S.C., 1940 ed., Sec. 80 (Mar. 4, 1909, ch.
    321, Sec. 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015;
    June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52
    Stat. 197).
      Section 80 of title 18, U.S.C., 1940 ed., was divided into two
    parts.
      The provision relating to false claims was incorporated in
    section 287 of this title.
      Reference to persons causing or procuring was omitted as
    unnecessary in view of definition of "principal" in section 2 of
    this title.
      Words "or any corporation in which the United States of America
    is a stockholder" in said section 80 were omitted as unnecessary in
    view of definition of "agency" in section 6 of this title.
      In addition to minor changes of phraseology, the maximum term of
    imprisonment was changed from 10 to 5 years to be consistent with
    comparable sections. (See reviser's note under section 287 of this
    title.)

                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-248 inserted last sentence in
    concluding provisions.
      2004 - Subsec. (a). Pub. L. 108-458 substituted "be fined under
    this title, imprisoned not more than 5 years or, if the offense
    involves international or domestic terrorism (as defined in section
    2331), imprisoned not more than 8 years, or both" for "be fined
    under this title or imprisoned not more than 5 years, or both" in
    concluding provisions.
      1996 - Pub. L. 104-292 reenacted section catchline without change
    and amended text generally. Prior to amendment, text read as
    follows: "Whoever, in any matter within the jurisdiction of any
    department or agency of the United States knowingly and willfully
    falsifies, conceals or covers up by any trick, scheme, or device a
    material fact, or makes any false, fictitious or fraudulent
    statements or representations, or makes or uses any false writing
    or document knowing the same to contain any false, fictitious or
    fraudulent statement or entry, shall be fined under this title or
    imprisoned not more than five years, or both."
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $10,000".

-CHANGE-
                              CHANGE OF NAME                          
      Reference to United States magistrate or to magistrate deemed to
    refer to United States magistrate judge pursuant to section 321 of
    Pub. L. 101-650, set out as a note under section 631 of Title 28,
    Judiciary and Judicial Procedure.


-MISC2-
                       SHORT TITLE OF 2004 AMENDMENT                   
      Pub. L. 108-275, Sec. 1, July 15, 2004, 118 Stat. 831, provided
    that: "This Act [enacting section 1028A of this title, amending
    sections 641 and 1028 of this title, and enacting provisions listed
    in a table relating to sentencing guidelines set out as a note
    under section 994 of Title 28, Judiciary and Judicial Procedure]
    may be cited as the 'Identity Theft Penalty Enhancement Act'."

                       SHORT TITLE OF 2003 AMENDMENT                   
      Pub. L. 108-21, title VI, Sec. 607(a), Apr. 30, 2003, 117 Stat.
    689, provided that: "This section [amending section 1028 of this
    title] may be cited as the 'Secure Authentication Feature and
    Enhanced Identification Defense Act of 2003' or 'SAFE ID Act'."

                       SHORT TITLE OF 2000 AMENDMENT                   
      Pub. L. 106-578, Sec. 1, Dec. 28, 2000, 114 Stat. 3075, provided
    that: "This Act [amending section 1028 of this title, repealing
    section 1738 of this title, and enacting provisions set out as
    notes under section 1028 of this title] may be cited as the
    'Internet False Identification Prevention Act of 2000'."

                      SHORT TITLE OF 1998 AMENDMENTS                  
      Pub. L. 105-318, Sec. 1, Oct. 30, 1998, 112 Stat. 3007, provided
    that: "This Act [amending sections 982, 1028, and 2516 of this
    title and section 105 of the Ethics in Government Act of 1978, Pub.
    L. 95-521, set out in the Appendix to Title 5, Government
    Organization and Employees, and enacting provisions set out as
    notes under section 1028 of this title and section 994 of Title 28,
    Judiciary and Judicial Procedure] may be cited as the 'Identity
    Theft and Assumption Deterrence Act of 1998'."
      Pub. L. 105-172, Sec. 1, Apr. 24, 1998, 112 Stat. 53, provided
    that: "This Act [amending section 1029 of this title and enacting
    provisions set out as a note under section 994 of Title 28,
    Judiciary and Judicial Procedure] may be cited as the 'Wireless
    Telephone Protection Act'."

                       SHORT TITLE OF 1996 AMENDMENT                   
      Section 1 of Pub. L. 104-292 provided that: "This Act [amending
    this section, sections 1515 and 6005 of this title, and section
    1365 of Title 28, Judiciary and Judicial Procedure] may be cited as
    the 'False Statements Accountability Act of 1996'."

                       SHORT TITLE OF 1994 AMENDMENT                   
      Section 290001(a) of Pub. L. 103-322, as amended by Pub. L. 104-
    294, title VI, Sec. 604(b)(34), Oct. 11, 1996, 110 Stat. 3508,
    provided that: "This section [amending section 1030 of this title]
    may be cited as the 'Computer Abuse Amendments Act of 1994'."

                       SHORT TITLE OF 1990 AMENDMENT                   
      Pub. L. 101-647, title XXV, Sec. 2500, Nov. 29, 1990, 104 Stat.
    4859, provided that: "This title [see Tables for classification]
    may be cited as the 'Comprehensive Thrift and Bank Fraud
    Prosecution and Taxpayer Recovery Act of 1990'."

                       SHORT TITLE OF 1989 AMENDMENT                   
      Pub. L. 101-123, Sec. 1, Oct. 23, 1989, 103 Stat. 759, provided
    that: "This Act [amending section 1031 of this title, repealing
    section 293 of this title, enacting provisions set out as notes
    under sections 293 and 1031 of this title, and repealing provisions
    set out as a note under section 293 of this title] may be cited as
    the 'Major Fraud Act Amendments of 1989'."

                       SHORT TITLE OF 1988 AMENDMENT                   
      Pub. L. 100-700, Sec. 1, Nov. 19, 1988, 102 Stat. 4631, provided
    that: "This Act [enacting sections 293 and 1031 of this title and
    section 256 of Title 41, Public Contracts, amending section 2324 of
    Title 10, Armed Forces, and section 3730 of Title 31, Money and
    Finance, enacting provisions set out as notes under sections 293
    and 1031 of this title, section 2324 of Title 10, and section 522
    of Title 28, Judiciary and Judicial Procedure, and repealing
    provisions set out as a note under section 2324 of Title 10] may be
    cited as the 'Major Fraud Act of 1988'."

                       SHORT TITLE OF 1986 AMENDMENT                   
      Pub. L. 99-474, Sec. 1, Oct. 16, 1986, 100 Stat. 1213, provided
    that: "This Act [amending section 1030 of this title] may be cited
    as the 'Computer Fraud and Abuse Act of 1986'."

                       SHORT TITLE OF 1984 AMENDMENT                   
      Pub. L. 98-473, title II, Sec. 1601, Oct. 12, 1984, 98 Stat.
    2183, provided that: "This chapter [chapter XVI (Secs. 1601-1603)
    of title II of Pub. L. 98-473, enacting section 1029 of this title
    and provisions set out as a note under section 1029 of this title]
    may be cited as the 'Credit Card Fraud Act of 1984'."
      Pub. L. 98-473, title II, Sec. 2101, Oct. 12, 1984, 98 Stat.
    2190, provided that: "This chapter [chapter XXI (Secs. 2101-2103)
    of title II of Pub. L. 98-473, enacting section 1030 of this title
    and provisions set out as a note under section 1030 of this title]
    may be cited as the 'Counterfeit Access Device and Computer Fraud
    and Abuse Act of 1984'."

                       SHORT TITLE OF 1982 AMENDMENT                   
      Section 1 of Pub. L. 97-398 provided: "That this Act [enacting
    sections 1028 and 1738 of this title and amending section 3001 of
    Title 39, Postal Service] may be cited as the 'False Identification
    Crime Control Act of 1982'."

-End-



-CITE-
    18 USC Sec. 1002                                            01/03/2007

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

-HEAD-
    Sec. 1002. Possession of false papers to defraud United States

-STATUTE-
      Whoever, knowingly and with intent to defraud the United States,
    or any agency thereof, possesses any false, altered, forged, or
    counterfeited writing or document for the purpose of enabling
    another to obtain from the United States, or from any agency,
    officer or agent thereof, any sum of money, shall be fined under
    this title or imprisoned not more than five years, or both.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 749; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 18, U.S.C., 1940 ed., Sec. 74 (Mar. 4, 1909, ch.
    321, Sec. 30, 35 Stat. 1094).
      Words "or any agency thereof" after "United States" and word
    "agency" after "any" and before "officer," were inserted to
    eliminate any possible ambiguity as to scope of section. (See
    definition of "agency" in section 6 of this title.)
      The maximum fine of "$10,000" was substituted for "$500" in order
    to conform punishment provisions to those of comparable sections.
    (See section 1001 of this title.)
      Minor verbal change was made.

                                AMENDMENTS                            
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $10,000".

-End-



-CITE-
    18 USC Sec. 1003                                            01/03/2007

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

-HEAD-
    Sec. 1003. Demands against the United States

-STATUTE-
      Whoever knowingly and fraudulently demands or endeavors to obtain
    any share or sum in the public stocks of the United States, or to
    have any part thereof transferred, assigned, sold, or conveyed, or
    to have any annuity, dividend, pension, wages, gratuity, or other
    debt due from the United States, or any part thereof, received, or
    paid by virtue of any false, forged, or counterfeited power of
    attorney, authority, or instrument, shall be fined under this title
    or imprisoned not more than five years, or both; but if the sum or
    value so obtained or attempted to be obtained does not exceed
    $1,000, he shall be fined under this title or imprisoned not more
    than one year, or both.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 749; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(H), (L), Sept. 13, 1994, 108 Stat. 2147;
    Pub. L. 104-294, title VI, Sec. 606(a), Oct. 11, 1996, 110 Stat.
    3511.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 18, U.S.C., 1940 ed., Sec. 79 (Mar. 4, 1909, ch.
    321, Sec. 34, 35 Stat. 1095).
      Words "prize money" were deleted on the ground that they are an
    anachronism and were so before 1909. (See reviser's note under
    section 915 of this title.)
      Mandatory punishment provision was rephrased in the alternative.
      The smaller punishment for an offense involving $100 or less was
    added. (See reviser's note to sections 641 and 645 of this title.)
      The maximum term of "five years" was substituted for "ten years"
    and "$10,000" was substituted for "$5,000" as being more in harmony
    with punishment provision of similar sections. (See reviser's note
    under section 1001 of this title.)
      Minor changes in phraseology were made.

                                AMENDMENTS                            
      1996 - Pub. L. 104-294 substituted "$1,000" for "$100".
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $10,000" after "instrument, shall be" and for
    "fined not more than $1,000" after "he shall be".

-End-



-CITE-
    18 USC Sec. 1004                                            01/03/2007

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

-HEAD-
    Sec. 1004. Certification of checks

-STATUTE-
      Whoever, being an officer, director, agent, or employee of any
    Federal Reserve bank, member bank of the Federal Reserve System,
    insured bank (as defined in section 3(h) of the Federal Deposit
    Insurance Act), branch or agency of a foreign bank (as such terms
    are defined in paragraphs (1) and (3) of section 1(b) of the
    International Banking Act of 1978), or organization operating under
    section 25 or section 25(a) (!1) of the Federal Reserve Act,
    certifies a check before the amount thereof has been regularly
    deposited in the bank, branch, agency, or organization, by the
    drawer thereof, or resorts to any device, or receives any
    fictitious obligation, directly or collaterally, in order to evade
    any of the provisions of law relating to certification of checks,
    shall be fined under this title or imprisoned not more than five
    years, or both.


-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 749; Pub. L. 101-647, title XXV,
    Sec. 2597(g), Nov. 29, 1990, 104 Stat. 4910; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on section 591 of title 12, U.S.C., 1940 ed., Banks and
    Banking (R.S. Sec. 5208; July 12, 1882, ch. 290, Sec. 13, 22 Stat.
    166; Sept. 26, 1918, ch. 177, Sec. 7, 40 Stat. 972; Feb. 25, 1927,
    ch. 191, Sec. 12, 44 Stat. 1231).
      Words "be deemed guilty of a misdemeanor and shall" were omitted
    as unnecessary in view of definition of misdemeanor in section 1 of
    this title.
      Words "on conviction thereof" were omitted as surplusage, because
    punishment cannot be imposed until after conviction.
      Words "in any district court of the United States" were omitted
    as unnecessary, because section 3231 of this title confers
    jurisdiction on Federal district courts of all crimes and offenses
    defined in this title.
      Changes were made in phraseology.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3(h) of the Federal Deposit Insurance Act, referred to in
    text, is classified to section 1813(h) of Title 12, Banks and
    Banking.
      Section 1(b) of the International Banking Act of 1978, referred
    to in text, is classified to section 3101 of Title 12.
      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. 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.


-MISC2-
                                AMENDMENTS                            
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $5,000".
      1990 - Pub. L. 101-647 substituted a comma for "or" after
    "Federal Reserve bank" and inserted "insured bank (as defined in
    section 3(h) of the Federal Deposit Insurance Act), branch or
    agency of a foreign bank (as such terms are defined in paragraphs
    (1) and (3) of section 1(b) of the International Banking Act of
    1978), or organization operating under section 25 or section 25(a)
    of the Federal Reserve Act," after "Federal Reserve System," and ",
    branch, agency, or organization," after "has been regularly
    deposited in the bank".

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    18 USC Sec. 1005                                            01/03/2007

-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.)


-MISC1-
                       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.

-REFTEXT-
                            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.


-MISC2-
                                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".


-TRANS-
                   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.


-End-



-CITE-
    18 USC Sec. 1006                                            01/03/2007

-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 Board, 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.)


-MISC1-
                       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                            
      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.


-TRANS-
                   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.

-End-



-CITE-
    18 USC Sec. 1007                                            01/03/2007

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

-HEAD-
    Sec. 1007. Federal Deposit Insurance Corporation transactions

-STATUTE-
      Whoever, for the purpose of influencing in any way the action of
    the Federal Deposit Insurance Corporation, knowingly makes or
    invites reliance on a false, forged, or counterfeit statement,
    document, or thing 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; Pub. L. 101-73, title IX,
    Sec. 961(f), Aug. 9, 1989, 103 Stat. 500; Pub. L. 101-647, title
    XXV, Sec. 2504(f), Nov. 29, 1990, 104 Stat. 4861; Pub. L. 103-322,
    title XXXIII, Sec. 330002(c), Sept. 13, 1994, 108 Stat. 2140.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on section 264(s) of title 12, U.S.C., 1940 ed., Banks and
    Banking (Dec. 23, 1913, ch. 6, Sec. 12B(s), as added June 16, 1933,
    ch. 89, Sec. 8, 48 Stat. 177; Aug. 23, 1935, ch. 614, Sec. 101, 49
    Stat. 700).
      Words "Federal Deposit Insurance" were inserted before
    "Corporation" in three places, so as to identify said Corporation,
    and phrase "under this section" was omitted as no longer
    applicable, considering transfer of this section to this title.
      Minor changes were made in phraseology.

                                AMENDMENTS                            
      1994 - Pub. L. 103-322 substituted "transactions" for
    "Transactions" in section catchline.
      1990 - Pub. L. 101-647 substituted "30" for "20" before "years".
      1989 - Pub. L. 101-73 substituted "Transactions" for
    "transactions" in section catchline and amended text generally.
    Prior to amendment, text read as follows: "Whoever, for the purpose
    of obtaining any loan from the Federal Deposit Insurance
    Corporation, or any extension or renewals thereof, or the
    acceptance, release, or substitution of security therefor, or for
    the purpose of inducing the Federal Deposit Insurance Corporation
    to purchase any assets, or for the purpose of obtaining the payment
    of any insured deposit or transferred deposit or the allowance,
    approval, or payment of any claim, or for the purpose of
    influencing in any way the action of the Federal Deposit Insurance
    Corporation, makes any statement, knowing it to be false, or
    willfully overvalues any security, shall be fined not more than
    $5,000 or imprisoned not more than two years, or both."

-End-



-CITE-
    18 USC Secs. 1008, 1009                                     01/03/2007

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

-HEAD-
    Secs. 1008, 1009. Repealed.

-MISC1-
    [Secs. 1008, 1009. Repealed. Pub. L. 101-73, title IX, Secs.
      961(g)(1), 962(a)(3), Aug. 9, 1989, 103 Stat. 500, 502].
      Section 1008, act June 25, 1948, ch. 645, 62 Stat. 751, provided
    for fine or imprisonment for certain prohibited actions taken to
    obtain insurance from, or to influence in any way, the Federal
    Savings and Loan Insurance Corporation.
      Section 1009, act June 25, 1948, ch. 645, 62 Stat. 751, provided
    for fine or imprisonment for making certain statements or rumors,
    untrue in fact, which were derogatory or affected solvency or
    financial condition of the Federal Savings and Loan Insurance
    Corporation.

-End-



-CITE-
    18 USC Sec. 1010                                            01/03/2007

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

-HEAD-
    Sec. 1010. Department of Housing and Urban Development and Federal
      Housing Administration transactions

-STATUTE-
      Whoever, for the purpose of obtaining any loan or advance of
    credit from any person, partnership, association, or corporation
    with the intent that such loan or advance of credit shall be
    offered to or accepted by the Department of Housing and Urban
    Development for insurance, or for the purpose of obtaining any
    extension or renewal of any loan, advance of credit, or mortgage
    insured by such Department, or the acceptance, release, or
    substitution of any security on such a loan, advance of credit, or
    for the purpose of influencing in any way the action of such
    Department, makes, passes, utters, or publishes any statement,
    knowing the same to be false, or alters, forges, or counterfeits
    any instrument, paper, or document, or utters, publishes, or passes
    as true any instrument, paper, or document, knowing it to have been
    altered, forged, or counterfeited, or willfully overvalues any
    security, asset, or income, shall be fined under this title or
    imprisoned not more than two years, or both.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 751; Pub. L. 90-19, Sec. 24(c),
    May 25, 1967, 81 Stat. 28; Pub. L. 103-322, title XXXIII, Sec.
    330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on section 1731(a) of title 12, U.S.C., 1940 ed., Banks and
    Banking (June 27, 1934, ch. 847, Sec. 512(a), 48 Stat. 1265; Feb.
    3, 1938, ch. 13, Sec. 9, 52 Stat. 24).
      Reference to persons causing or procuring was omitted as
    unnecessary in view of definition of "principal" in section 2 of
    this title.
      "$5,000" was substituted for "$3,000" to make this section more
    consistent in its punishment provisions with comparable sections.
    (See section 1008 of this title.)
      Minor changes in phraseology were made.

                                AMENDMENTS                            
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $5,000".
      1967 - Pub. L. 90-19 included reference to Department of Housing
    and Urban Development in section catchline and substituted in text
    "Department of Housing and Urban Development" for "Federal Housing
    Administration" and "Department" for "Administration" in two
    places, respectively.

-End-



-CITE-
    18 USC Sec. 1011                                            01/03/2007

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

-HEAD-
    Sec. 1011. Federal land bank mortgage transactions

-STATUTE-
      Whoever, being a mortgagee, knowingly makes any false statement
    in any paper, proposal, or letter, relating to the sale of any
    mortgage, to any Federal land bank; or
      Whoever, being an appraiser, willfully over-values any land
    securing such mortgage - 
      Shall be fined under this title or imprisoned not more than one
    year, or both.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 751; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on section 987 of title 12, U.S.C., 1940 ed., Banks and
    Banking (July 17, 1916, ch. 245, Sec. 31, seventh paragraph, as
    added June 16, 1933, ch. 98, Sec. 78, 48 Stat. 272).
      Minor changes were made in phraseology.

                                AMENDMENTS                            
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $5,000" in last par.

-End-



-CITE-
    18 USC Sec. 1012                                            01/03/2007

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

-HEAD-
    Sec. 1012. Department of Housing and Urban Development transactions

-STATUTE-
      Whoever, with intent to defraud, makes any false entry in any
    book of the Department of Housing and Urban Development or makes
    any false report or statement to or for such Department; or
      Whoever receives any compensation, rebate, or reward, with intent
    to defraud such Department or with intent unlawfully to defeat its
    purposes; or
      Whoever induces or influences such Department to purchase or
    acquire any property or to enter into any contract and willfully
    fails to disclose any interest which he has in such property or in
    the property to which such contract relates, or any special benefit
    which he expects to receive as a result of such contract - 
      Shall be fined under this title or imprisoned not more than one
    year, or both.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 752; Oct. 31, 1951, ch. 655, Sec.
    26, 65 Stat. 720; Pub. L. 90-19, Sec. 24(d), May 25, 1967, 81 Stat.
    28; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), Sept. 13,
    1994, 108 Stat. 2147.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on sections 1423-1425 of title 42, U.S.C., 1940 ed., The
    Public Health and Welfare (Sept. 1, 1937, ch. 896, Secs. 23-25, 50
    Stat. 899).
      Three sections were consolidated with changes of phraseology and
    arrangement necessary to effect consolidation.
      Words "upon conviction thereof", in each section were omitted as
    surplusage since punishment cannot be imposed until after
    conviction.
      The provisions of section 1424 of title 42, U.S.C., 1940 ed., The
    Public Health and Welfare, relating to conspiracy were omitted as
    inconsistent with the general conspiracy statute, section 371 of
    this title, both as to punishment and allegation and proof of an
    overt act. (See reviser's note under section 493 of this title.)

                                AMENDMENTS                            
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $1,000" in last par.
      1967 - Pub. L. 90-19 substituted "Department of Housing and Urban
    Development" for "Public Housing Administration" in section
    catchline and text, and "Department" for "Administration" wherever
    appearing in text.
      1951 - Act Oct. 31, 1951, substituted "Public Housing
    Administration" for "United States Housing Authority" in section
    catchline and text, and "Administration" for "Authority", wherever
    appearing in text.

-End-



-CITE-
    18 USC Sec. 1013                                            01/03/2007

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

-HEAD-
    Sec. 1013. Farm loan bonds and credit bank debentures

-STATUTE-
      Whoever deceives, defrauds, or imposes upon, or attempts to
    deceive, defraud, or impose upon any person, partnership,
    corporation, or association by making any false pretense or
    representation concerning the character, issue, security, contents,
    conditions, or terms of any farm loan bond, or coupon, issued by
    any Federal land bank or banks; or of any debenture, coupon, or
    other obligation, issued by any Federal intermediate credit bank or
    banks; or by falsely pretending or representing that any farm loan
    bond, or coupon, is anything other than, or different from, what it
    purports to be on the face of said bond or coupon, shall be fined
    under this title or imprisoned not more than one year, or both.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 752; Pub. L. 97-297, Sec. 4(a),
    Oct. 12, 1982, 96 Stat. 1318; Pub. L. 103-322, title XXXIII, Secs.
    330004(8), 330016(1)(G), Sept. 13, 1994, 108 Stat. 2141, 2147.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on sections 985, 1127, and 1317 of title 12, U.S.C., 1940
    ed., Banks and Banking (July 17, 1916, ch. 245, Sec. 31, fifth
    paragraph, 39 Stat. 384; July 17, 1916, ch. 245, Sec. 211(g), as
    added Mar. 4, 1923, ch. 252, Sec. 2, 42 Stat. 1461; Mar. 4, 1923,
    ch. 252, title II, Sec. 216(g), 42 Stat. 1473).
      This section condenses and simplifies sections 985, 1127, and
    1317 of title 12, U.S.C., 1940 ed., Banks and Banking, each of
    which contained similar provisions and similar language. The
    punishment provisions of all three sections were the same.
      References to "chapter" and "subchapter" were omitted and words
    describing the various types of banks or organizations to which
    said sections 985, 1127, and 1317 of title 12, U.S.C., 1940 ed.,
    Banks and Banking, related, were inserted in lieu. This
    necessitated some rephrasing and transposition of phrases, but
    without change of meaning or substance.
      Words "upon conviction" which were contained in sections 1127 and
    1317 of title 12, U.S.C., 1940 ed., Banks and Banking, were omitted
    as surplusage, because punishment cannot be imposed until after
    conviction.
      Changes were made in phraseology.

                                AMENDMENTS                            
      1994 - Pub. L. 103-322, Sec. 330016(1)(G), substituted "fined
    under this title" for "fined not more than $500".
      Pub. L. 103-322, Sec. 330004(8), struck out ", or by any National
    Agricultural Credit Corporation" after "credit bank or banks".
      1982 - Pub. L. 97-297 struck out ", or by any joint-stock land
    bank or banks" after "issued by any Federal land bank or banks".

-End-



-CITE-
    18 USC Sec. 1014                                            01/03/2007

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

-HEAD-
    Sec. 1014. Loan and credit applications generally; renewals and
      discounts; crop insurance

-STATUTE-
      Whoever knowingly makes any false statement or report, or
    willfully overvalues any land, property or security, for the
    purpose of influencing in any way the action of the Farm Credit
    Administration, Federal Crop Insurance Corporation or a company the
    Corporation reinsures, the Secretary of Agriculture acting through
    the Farmers Home Administration or successor agency, the Rural
    Development Administration or successor agency, any Farm Credit
    Bank, production credit association, agricultural credit
    association, bank for cooperatives, or any division, officer, or
    employee thereof, or of any regional agricultural credit
    corporation established pursuant to law, or a Federal land bank, a
    Federal land bank association, a Federal Reserve bank, a small
    business investment company, as defined in section 103 of the Small
    Business Investment Act of 1958 (15 U.S.C. 662), or the Small
    Business Administration in connection with any provision of that
    Act, a Federal credit union, an insured State-chartered credit
    union, any institution the accounts of which are insured by the
    Federal Deposit Insurance Corporation, the Office of Thrift
    Supervision, any Federal home loan bank, the Federal Housing
    Finance Board, the Federal Deposit Insurance Corporation, the
    Resolution Trust Corporation, the Farm Credit System Insurance
    Corporation, or the National Credit Union Administration Board, a
    branch or agency of a foreign bank (as such terms are defined in
    paragraphs (1) and (3) of section 1(b) of the International Banking
    Act of 1978), or an organization operating under section 25 or
    section 25(a) (!1) of the Federal Reserve Act, upon any
    application, advance, discount, purchase, purchase agreement,
    repurchase agreement, commitment, or loan, or any change or
    extension of any of the same, by renewal, deferment of action or
    otherwise, or the acceptance, release, or substitution of security
    therefor, shall be fined not more than $1,000,000 or imprisoned not
    more than 30 years, or both. The term "State-chartered credit
    union" includes a credit union chartered under the laws of a State
    of the United States, the District of Columbia, or any
    commonwealth, territory, or possession of the United States.


-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 752; May 24, 1949, ch. 139, Sec.
    21, 63 Stat. 92; July 26, 1956, ch. 741, title I, Sec. 109, 70
    Stat. 667; Pub. L. 85-699, title VII, Sec. 705, Aug. 21, 1958, 72
    Stat. 699; Pub. L. 86-168, title I, Sec. 104(h), Aug. 18, 1959, 73
    Stat. 387; Pub. L. 87-353, Sec. 3(t), Oct. 4, 1961, 75 Stat. 774;
    Pub. L. 88-353, Sec. 5, July 2, 1964, 78 Stat. 269; Pub. L. 91-468,
    Sec. 7, Oct. 19, 1970, 84 Stat. 1017; Pub. L. 91-609, title IX,
    Sec. 915, Dec. 31, 1970, 84 Stat. 1815; Pub. L. 97-297, Sec. 4(b),
    Oct. 12, 1982, 96 Stat. 1318; Pub. L. 101-73, title IX, Secs.
    961(h), 962(a)(7), (8)(B), 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 XXV, Secs. 2504(g), 2595(a)(5),
    2597(i), Nov. 29, 1990, 104 Stat. 4861, 4907, 4910; Pub. L. 103-
    322, title XXXIII, Secs. 330002(d), 330008(8), Sept. 13, 1994, 108
    Stat. 2140, 2143; Pub. L. 103-354, title I, Sec. 119(e), Oct. 13,
    1994, 108 Stat. 3208; Pub. L. 104-294, title VI, Secs. 602(b),
    604(b)(22), 605(b), 607(d), Oct. 11, 1996, 110 Stat. 3503, 3508,
    3509, 3511; Pub. L. 106-78, title VII, Sec. 767, Oct. 22, 1999, 113
    Stat. 1174; Pub. L. 107-100, Sec. 4(a), Dec. 21, 2001, 115 Stat.
    966.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

                                 1948 ACT                             
      Based on sections 1026(a) and 1514(a) of title 7, U.S.C., 1940
    ed., Agriculture, sections 596, 981, 1122, 1123, 1138d(a), 1248,
    1312, 1313, 1441(a), and 1467(a), of title 12, U.S.C., 1940 ed.,
    Banks and Banking, and section 616(a) of title 15, U.S.C., 1940
    ed., Commerce and Trade (Dec. 23, 1913, ch. 6, Sec. 22(h), as added
    June 19, 1934, ch. 653, Sec. 3, 48 Stat. 1107; July 17, 1916, ch.
    245, Sec. 31, first paragraph, 39 Stat. 382; July 17, 1916, ch.
    245, Sec. 211(b), (c), as added Mar. 4, 1923, ch. 252, Sec. 2, 42
    Stat. 1460; Mar. 4, 1923, ch. 252, title II, Secs. 209(h), 216(b),
    (c), 42 Stat. 1468, 1472; Jan. 22, 1932, ch. 8, Sec. 16 (a), 47
    Stat. 11; July 22, 1932, ch. 522, Sec. 21(a), 47 Stat. 738; June
    13, 1933, ch. 64, Sec. 8(a), 48 Stat. 134; June 16, 1933, ch. 98,
    Sec. 64(a), 48 Stat. 267; Jan. 31, 1934, ch. 7, Sec. 13, 48 Stat.
    347; June 3, 1935, ch. 164, Sec. 21, 49 Stat. 319; July 22, 1937,
    ch. 517, title IV, Sec. 52(a); 50 Stat. 531; Feb. 16, 1938, ch. 30,
    title V, Sec. 514(a), 52 Stat. 76; Aug. 14, 1946, ch. 964, Sec. 3,
    60 Stat. 1064).
      Each of the 13 sections from which this section was derived
    contained similar provisions either relating to false
    representations and statements, or overvaluation of security, with
    respect to one or more of the named banks, agencies, or
    corporations.
      These were consolidated and the false statement and security
    overvaluation provisions of all, form the basis of this section.
    The provisions of section 981 of title 12, U.S.C., 1940 ed., Banks
    and Banking, relating to acceptance of loans or gratuities by
    examiners, were consolidated with similar provisions from other
    sections to form section 218 [now section 213] of this title. The
    provisions of said section 981 of title 12, U.S.C., 1940 ed., Banks
    and Banking, prohibiting land bank and national farm loan
    association examiners from performing "any other service for
    compensation for any bank or banking or loan association, or for
    any person connected therewith in any capacity" were consolidated
    with similar provisions from other sections to form section 1909 of
    this title.
      Eight of the consolidated sections contained identical
    punishment, each providing for a maximum fine of $5,000 and maximum
    imprisonment of 2 years. Two sections provided for a maximum fine
    of $10,000 and maximum imprisonment of 5 years. One section
    provided for maximum fine of $5,000 and maximum imprisonment of 5
    years, one section provided for maximum fine of $2,000 and maximum
    imprisonment of 2 years, and one section provided for maximum fine
    of $5,000 and maximum imprisonment of 1 year.
      The punishment by maximum fine of $5,000 or maximum imprisonment
    of 2 years, or both, provided in this consolidated section was
    adopted as most consistent with the greater number of comparable
    sections. (See sections 1008 and 1010 of this title.) This is a
    reasonable reconciliation of the conflicting punishment provisions
    and adequate for the offenses described.
      The enumeration of "application, advance, discount, purchase,
    purchase agreement, repurchase agreement, commitment, or loan" and
    the wording "or any change or extension of any of the same, by
    renewal, deferment of action or otherwise, or the acceptance,
    release, or substitution of security therefor" does not occur in
    any one of the original sections, but such enumeration and such
    wording are adequate, and they represent a composite of terms and
    transactions mentioned in each.
      In addition, changes were made in phraseology to secure
    uniformity of style, and some rephrasing was necessary, but the
    consolidation was without change of substance except as above
    indicated.
      Section 1138d(f) of Title 12, U.S.C., 1940 ed., Banks and
    Banking, relating to conspiracy, was not added to this consolidated
    section for reasons given in reviser's note under section 493 of
    this title.

                                 1949 ACT                             
      [Section 21] conforms section 1014 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 note under section 657 of this title]).

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Small Business Investment Act of 1958, referred to in text,
    is Pub. L. 85-699, Aug. 21, 1958, 72 Stat. 689, as amended, which
    is classified principally to chapter 14B (Sec. 661 et seq.) of
    Title 15, Commerce and Trade. For complete classification of this
    Act to the Code, see Short Title note set out under section 661 of
    Title 15 and Tables.
      Section 1(b) of the International Banking Act of 1978, referred
    to in text, is classified to section 3101 of Title 12, Banks and
    Banking.
      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. 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.


-MISC2-
                                AMENDMENTS                            
      2001 - Pub. L. 107-100 inserted ", as defined in section 103 of
    the Small Business Investment Act of 1958 (15 U.S.C. 662), or the
    Small Business Administration in connection with any provision of
    that Act" after "small business investment company".
      1999 - Pub. L. 106-78 inserted "or successor agency" after
    "Farmers Home Administration" and after "Rural Development
    Administration".
      1996 - Pub. L. 104-294, Secs. 602(b), 607(d), struck out
    "Reconstruction Finance Corporation," before "Farm Credit
    Administration", "Farmers' Home Corporation," before "the Secretary
    of Agriculture", and "of the National Agricultural Credit
    Corporation," before "a Federal land bank" and inserted at end "The
    term 'State-chartered credit union' includes a credit union
    chartered under the laws of a State of the United States, the
    District of Columbia, or any commonwealth, territory, or possession
    of the United States."
      Pub. L. 104-294, Sec. 605(b), amended directory language of Pub.
    L. 101-73, Sec. 961(h)(1). See 1989 Amendment note below.
      Pub. L. 104-294, Sec. 604(b)(22), amended directory language of
    Pub. L. 103-322, Sec. 330002(d). See 1994 Amendment note below.
      1994 - Pub. L. 103-354 inserted "or a company the Corporation
    reinsures" after "Federal Crop Insurance Corporation".
      Pub. L. 103-322, Sec. 330008(8), inserted comma after "National
    Credit Union Administration Board".
      Pub. L. 103-322, Sec. 330002(d), as amended by Pub. L. 104-294,
    Sec. 604(b)(22), struck out a comma after "National Agricultural
    Credit Corporation," and after "section 25(a) of the Federal
    Reserve Act,".
      1990 - Pub. L. 101-647, Sec. 2597(i), inserted "a branch or
    agency of a foreign bank (as such terms are defined in paragraphs
    (1) and (3) of section 1(b) of the International Banking Act of
    1978), or an organization operating under section 25 or section
    25(a) of the Federal Reserve Act," after "or the National Credit
    Union Administration Board".
      Pub. L. 101-647, Sec. 2595(a)(5), substituted "the Office of
    Thrift Supervision, any Federal home loan bank, the Federal Housing
    Finance Board," for "the Federal Home Loan Bank System," and
    inserted a comma after "Resolution Trust Corporation".
      Pub. L. 101-647, Sec. 2504(g), substituted "30" for "20" before
    "years".
      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)(B)(i), substituted "any
    Farm Credit Bank, production credit association, agricultural
    credit association, bank for cooperatives, or any division,
    officer, or employee thereof" for "any Federal intermediate credit
    bank, or any division, officer, or employee thereof, or of any
    corporation organized under sections 1131-1134m of Title 12".
      Pub. L. 101-73, Sec. 962(a)(8)(B)(ii), substituted "Farm Credit
    System Insurance Corporation" for "Federal Savings and Loan
    Insurance Corporation".
      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(h)(2), (3), (5), (6), struck out "the
    Federal Savings and Loan Insurance Corporation, any bank the
    deposits of which are insured by" after "the accounts of which are
    insured by", struck out "any member of" before "the Federal Home
    Loan Bank System", and substituted "$1,000,000" for "$5,000" and
    "20 years" for "two years".
      Pub. L. 101-73, Sec. 961(h)(1), as amended by Pub. L. 104-294,
    Sec. 605(b), struck out "a Federal Home Loan Bank, the Federal Home
    Loan Bank Board, the Home Owners' Loan Corporation, a Federal
    Savings and Loan Association" after "National Agricultural Credit
    Corporation,".
      Pub. L. 101-73, Sec. 961(h)(4), which directed the insertion of
    "the Resolution Trust Corporation" after "Federal Deposit Insurance
    Corporation," was executed by making the insertion after the second
    appearance of "Federal Deposit Insurance Corporation," as the
    probable intent of Congress.
      1982 - Pub. L. 97-297 struck out "a joint-stock land bank," after
    "a Federal land bank,".
      1970 - Pub. L. 91-609 extended criminal penalty for fraud or
    false statements to influence any institution the accounts of which
    are insured by the Federal Savings and Loan Insurance Corporation,
    any bank the deposits of which are insured by the Federal Deposit
    Insurance Corporation, any member of the Federal Home Loan Bank
    System, the Federal Deposit Insurance Corporation, the Federal
    Savings and Loan Insurance Corporation, or the Administrator of the
    National Credit Union Administration.
      Pub. L. 91-468 substituted "a Federal credit union, or an insured
    State-chartered credit union" for "or a Federal credit union".
      1964 - Pub. L. 88-353 inserted reference to Federal credit
    unions.
      1961 - Pub. L. 87-353 struck out reference to Federal Farm
    Mortgage Corporation.
      1959 - Pub. L. 86-168 substituted "Federal land bank association"
    for "National farm loan association".
      1958 - Pub. L. 85-699 inserted reference to small business
    investment companies.
      1956 - Act July 26, 1956, struck out reference to corporations in
    which a Production Credit Corporation holds stock.
      1949 - Act May 24, 1949, inserted reference to Secretary of
    Agriculture acting through the Farmers' Home Administration.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by section 604(b)(22) of Pub. L. 104-294 effective
    Sept. 13, 1994, see section 604(d) of Pub. L. 104-294, set out as a
    note under section 13 of this title.
      Section 605(b) of Pub. L. 104-294 provided that the amendment by
    that section to section 961(h) of Pub. L. 101-73 was effective on
    the date of enactment of Pub. L. 101-73, which was approved Aug. 9,
    1989.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-354 effective Oct. 13, 1994, and
    applicable to provision of crop insurance under Federal Crop
    Insurance Act (7 U.S.C. 1501 et seq.) beginning with 1995 crop
    year, with such Act, as in effect on the day before Oct. 13, 1994,
    to continue to apply with respect to 1994 crop year, see section
    120 of Pub. L. 103-354, set out as a note under section 1502 of
    Title 7, Agriculture.

                     EFFECTIVE DATE OF 1959 AMENDMENT                 
      Amendment by Pub. L. 86-168 effective Dec. 31, 1959, see section
    104(k) of Pub. L. 86-168.

                     EFFECTIVE DATE OF 1956 AMENDMENT                 
      Amendment by act July 26, 1956, effective Jan. 1, 1957, see
    section 202(a) of that act, set out as an Effective Date note under
    section 1027 of Title 12, Banks and Banking.


-TRANS-
                        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.

                   NATIONAL CREDIT UNION ADMINISTRATION               
      Establishment as independent agency, membership, etc., see
    section 1752 et seq. of Title 12, Banks and Banking.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    18 USC Sec. 1015                                            01/03/2007

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

-HEAD-
    Sec. 1015. Naturalization, citizenship or alien registry

-STATUTE-
      (a) Whoever knowingly makes any false statement under oath, in
    any case, proceeding, or matter relating to, or under, or by virtue
    of any law of the United States relating to naturalization,
    citizenship, or registry of aliens; or
      (b) Whoever knowingly, with intent to avoid any duty or liability
    imposed or required by law, denies that he has been naturalized or
    admitted to be a citizen, after having been so naturalized or
    admitted; or
      (c) Whoever uses or attempts to use any certificate of arrival,
    declaration of intention, certificate of naturalization,
    certificate of citizenship or other documentary evidence of
    naturalization or of citizenship, or any duplicate or copy thereof,
    knowing the same to have been procured by fraud or false evidence
    or without required appearance or hearing of the applicant in court
    or otherwise unlawfully obtained; or
      (d) Whoever knowingly makes any false certificate, acknowledgment
    or statement concerning the appearance before him or the taking of
    an oath or affirmation or the signature, attestation or execution
    by any person with respect to any application, declaration,
    petition, affidavit, deposition, certificate of naturalization,
    certificate of citizenship or other paper or writing required or
    authorized by the laws relating to immigration, naturalization,
    citizenship, or registry of aliens; or
      (e) Whoever knowingly makes any false statement or claim that he
    is, or at any time has been, a citizen or national of the United
    States, with the intent to obtain on behalf of himself, or any
    other person, any Federal or State benefit or service, or to engage
    unlawfully in employment in the United States; or
      (f) Whoever knowingly makes any false statement or claim that he
    is a citizen of the United States in order to register to vote or
    to vote in any Federal, State, or local election (including an
    initiative, recall, or referendum) - 
      Shall be fined under this title or imprisoned not more than five
    years, or both. Subsection (f) does not apply to an alien if each
    natural parent of the alien (or, in the case of an adopted alien,
    each adoptive parent of the alien) is or was a citizen (whether by
    birth or naturalization), the alien permanently resided in the
    United States prior to attaining the age of 16, and the alien
    reasonably believed at the time of making the false statement or
    claim that he or she was a citizen of the United States.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 752; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L.
    104-208, div. C, title II, Sec. 215, Sept. 30, 1996, 110 Stat. 3009-
    572; Pub. L. 106-395, title II, Sec. 201(d)(2), Oct. 30, 2000, 114
    Stat. 1635.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on subsections (a), paragraphs (1), (16), (17), (19), (32),
    (b), (d), and (l) of section 746 of title 8, U.S.C., 1940 ed.,
    Aliens and Nationality (Oct. 14, 1940, ch. 876, Sec. 346(a), pars.
    (1), (16), (17), (19), (32), (b), (d), and (l), 45 Stat. 1163,
    1165, 1167).
      Section consolidates, with minor changes, subsection (a),
    paragraphs (1), (16), (17), (19), (32), and subsections (b), (d),
    and (l), of section 746 of title 8, U.S.C., 1940 ed., Aliens and
    Nationality.
      Such changes of arrangement and phraseology were made as were
    appropriate and necessary.

                                AMENDMENTS                            
      2000 - Pub. L. 106-395 inserted at end of concluding provisions
    "Subsection (f) does not apply to an alien if each natural parent
    of the alien (or, in the case of an adopted alien, each adoptive
    parent of the alien) is or was a citizen (whether by birth or
    naturalization), the alien permanently resided in the United States
    prior to attaining the age of 16, and the alien reasonably believed
    at the time of making the false statement or claim that he or she
    was a citizen of the United States."
      1996 - Subsecs. (e), (f). Pub. L. 104-208 added subsecs. (e) and
    (f).
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $5,000" in concluding par.

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-395 effective as if included in the
    enactment of section 215 of the Illegal Immigration Reform and
    Immigrant Responsibility Act of 1996, div. C of Pub. L. 104-208,
    and applicable to an alien prosecuted on or after Sept. 30, 1996,
    except in the case of an alien whose criminal proceeding (including
    judicial review thereof) has been finally concluded before Oct. 30,
    2000, see section 201(d)(3) of Pub. L. 106-395, set out as a note
    under section 611 of this title.

-End-



-CITE-
    18 USC Sec. 1016                                            01/03/2007

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

-HEAD-
    Sec. 1016. Acknowledgment of appearance or oath

-STATUTE-
      Whoever, being an officer authorized to administer oaths or to
    take and certify acknowledgments, knowingly makes any false
    acknowledgment, certificate, or statement concerning the appearance
    before him or the taking of an oath or affirmation by any person
    with respect to any proposal, contract, bond, undertaking, or other
    matter submitted to, made with, or taken on behalf of the United
    States or any department or agency thereof, concerning which an
    oath or affirmation is required by law or lawful regulation, or
    with respect to the financial standing of any principal, surety, or
    other party to any such proposal, contract, bond, undertaking, or
    other instrument, shall be fined under this title or imprisoned not
    more than two years, or both.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 753; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 18, U.S.C., 1940 ed., Sec. 75 (Mar. 4, 1909, ch.
    321, Sec. 31, 35 Stat. 1094).
      Words "or of any department or agency thereof" were inserted
    after "United States" so as to remove any ambiguity as to scope of
    section. (See definitions of "department" and "agency" in section 6
    of this title.)

                                AMENDMENTS                            
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $2,000".

-End-



-CITE-
    18 USC Sec. 1017                                            01/03/2007

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

-HEAD-
    Sec. 1017. Government seals wrongfully used and instruments
      wrongfully sealed

-STATUTE-
      Whoever fraudulently or wrongfully affixes or impresses the seal
    of any department or agency of the United States, to or upon any
    certificate, instrument, commission, document, or paper or with
    knowledge of its fraudulent character, with wrongful or fraudulent
    intent, uses, buys, procures, sells, or transfers to another any
    such certificate, instrument, commission, document, or paper, to
    which or upon which said seal has been so fraudulently affixed or
    impressed, shall be fined under this title or imprisoned not more
    than five years, or both.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 753; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 18, U.S.C., 1940 ed., Sec. 130 (June 15, 1917, ch.
    30, title X, Sec. 1, 40 Stat. 227).
      To clarify scope of section and in view of definition of
    department or agency in section 6 of this title, words "department
    or agency" were substituted for "executive department, or of any
    bureau, commission, or office".
      Slight verbal changes were also made.

                                AMENDMENTS                            
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $5,000".

-End-



-CITE-
    18 USC Sec. 1018                                            01/03/2007

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

-HEAD-
    Sec. 1018. Official certificates or writings

-STATUTE-
      Whoever, being a public officer or other person authorized by any
    law of the United States to make or give a certificate or other
    writing, knowingly makes and delivers as true such a certificate or
    writing, containing any statement which he knows to be false, in a
    case where the punishment thereof is not elsewhere expressly
    provided by law, shall be fined under this title or imprisoned not
    more than one year, or both.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 753; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 18, U.S.C., 1940 ed., Sec. 195 (Mar. 4, 1909, ch.
    321, Sec. 106, 35 Stat. 1107).
      Minor changes were made in phraseology.

                                AMENDMENTS                            
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $500".

-End-



-CITE-
    18 USC Sec. 1019                                            01/03/2007

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

-HEAD-
    Sec. 1019. Certificates by consular officers

-STATUTE-
      Whoever, being a consul, or vice consul, or other person employed
    in the consular service of the United States, knowingly certifies
    falsely to any invoice, or other paper, to which his certificate is
    authorized or required by law, shall be fined under this title or
    imprisoned not more than three years, or both.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 753; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 18, U.S.C., 1940 ed., Sec. 127 (Mar. 4, 1909, ch.
    321, Sec. 70, 35 Stat. 1101).
      Mandatory punishment provision was rephrased in the alternative.
      Changes were made in phraseology.

                                AMENDMENTS                            
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $10,000".

-End-



-CITE-
    18 USC Sec. 1020                                            01/03/2007

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

-HEAD-
    Sec. 1020. Highway projects

-STATUTE-
      Whoever, being an officer, agent, or employee of the United
    States, or of any State or Territory, or whoever, whether a person,
    association, firm, or corporation, knowingly makes any false
    statement, false representation, or false report as to the
    character, quality, quantity, or cost of the material used or to be
    used, or the quantity or quality of the work performed or to be
    performed, or the costs thereof in connection with the submission
    of plans, maps, specifications, contracts, or costs of construction
    of any highway or related project submitted for approval to the
    Secretary of Transportation; or
      Whoever knowingly makes any false statement, false
    representation, false report, or false claim with respect to the
    character, quality, quantity, or cost of any work performed or to
    be performed, or materials furnished or to be furnished, in
    connection with the construction of any highway or related project
    approved by the Secretary of Transportation; or
      Whoever knowingly makes any false statement or false
    representation as to a material fact in any statement, certificate,
    or report submitted pursuant to the provisions of the Federal-Aid
    Road Act approved July 11, 1916 (39 Stat. 355), as amended and
    supplemented,
      Shall be fined under this title or imprisoned not more than five
    years, or both.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 753; Oct. 31, 1951, ch. 655, Sec.
    27, 65 Stat. 721; May 6, 1954, ch. 181, Sec. 18, 68 Stat. 76; Pub.
    L. 89-670, Sec. 10(f), Oct. 15, 1966, 80 Stat. 948; Pub. L. 103-
    322, title XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat.
    2147.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on section 46 of title 23, U.S.C., 1940 ed., Highways (June
    19, 1922, ch. 227, Sec. 4, par. 6, 42 Stat. 661).
      Words "highway, or related," were inserted before "project" in
    two places for the purpose of description, in view of transfer from
    title 23.
      Words "upon conviction thereof" were omitted as surplusage,
    because punishment cannot be imposed until a conviction is secured.
      Changes in phraseology were made.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal-Aid Road Act approved July 11, 1916 (39 Stat. 355),
    referred to in text, is act July 11, 1916, ch. 241, 39 Stat. 355,
    as amended, which was repealed by Pub. L. 85-767, Sec. 2(1), Aug.
    27, 1958, 72 Stat. 919. See section 101 et seq. of Title 23,
    Highways.


-MISC2-
                                AMENDMENTS                            
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $10,000" in last par.
      1966 - Pub. L. 89-670 substituted "Secretary of Transportation"
    for "Secretary of Commerce" wherever appearing.
      1954 - Act May 6, 1954, substituted in second par. "with respect
    to the character, quality, quantity, or cost of any work performed
    or to be performed, or materials furnished or to be furnished, in
    connection with the construction" for "for work or materials for
    the construction"; and in third par. substituted "as to a material
    fact in any statement, certificate, or report submitted pursuant to
    the provisions of the Federal-Aid Road Act approved July 11, 1916
    (39 Stat. 355), as amended and supplemented" for "in any report
    required under Title 23, with intent to defraud the United States".
      1951 - Act Oct. 31, 1951, substituted "Secretary of Commerce" for
    "Secretary of Agriculture" in first and second pars.

                     EFFECTIVE DATE OF 1966 AMENDMENT                 
      Amendment by Pub. L. 89-670 effective Apr. 1, 1967, as prescribed
    by President and published in Federal Register, see section 16(a),
    formerly Sec. 15(a), of Pub. L. 89-670 and Ex. Ord. No. 11340, Mar.
    30, 1967, 32 F.R. 5453.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      The Bureau of Public Roads, which is the principal road building
    agency of the Federal Government, and which was formerly under the
    Department of Agriculture, was redesignated the Public Roads
    Administration and, with its functions, transferred to the Federal
    Works Agency, and the functions of the Secretary of Agriculture,
    with respect thereto, were transferred to the Federal Works
    Administrator, by Reorg. Plan No. 1 of 1939, Secs. 301, 302, eff.
    July 1, 1939, 4 F.R. 2727, 53 Stat. 1426, set out in the Appendix
    to Title 5, Government Organization and Employees. Act June 30,
    1949, ch. 288, title I, Sec. 103, 63 Stat. 380, (see Historical and
    Revision Notes under section 303(b) of Title 40, Public Buildings,
    Property, and Works), abolished the Federal Works Agency,
    transferred its functions, the functions of all agencies thereof,
    the functions of the Federal Works Administrator, and the functions
    of the Commissioner of Public Roads, to the Administrator of
    General Services, and transferred the Public Roads Administration,
    which it redesignated the Bureau of Public Roads, to the General
    Services Administration. Reorg. Plan No. 7 of 1949, eff. Aug. 19,
    1949, 14 F.R. 5228, 63 Stat. 1070, set out in the Appendix to Title
    5, Government Organization and Employees, transferred such bureau
    and its functions and personnel to the Department of Commerce, and
    transferred the functions of the Administrator of General Services,
    with respect thereto, to the Secretary of Commerce, to be performed
    by him or, subject to his direction and control, by such officers,
    employees and agencies of the Department of Commerce as he should
    designate. Reorg. Plan No. 5 of 1950, eff. May 24, 1950, 15 F.R.
    3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government
    Organization and Employees, transferred, with certain exceptions
    not applicable to this section, all functions of all other officers
    of the Department of Commerce, and all functions of all agencies
    and employees of such Department, to the Secretary of Commerce,
    with power vested in him to authorize their performance, or the
    performance of any of his functions, by any of such other officers,
    or by any agency or employee of the Department of Commerce. Section
    303(b) of Title 40 was amended generally by Pub. L. 109-313, Sec.
    2(a)(1), Oct. 6, 2006, 120 Stat. 1734, and, as so amended, no
    longer relates to the Federal Works Agency and Commissioner of
    Public Buildings. See 2006 Amendment note under section 303 of
    Title 40.

-End-



-CITE-
    18 USC Sec. 1021                                            01/03/2007

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

-HEAD-
    Sec. 1021. Title records

-STATUTE-
      Whoever, being an officer or other person authorized by any law
    of the United States to record a conveyance of real property or any
    other instrument which by such law may be recorded, knowingly
    certifies falsely that such conveyance or instrument has or has not
    been recorded, shall be fined under this title or imprisoned not
    more than five years, or both.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 754; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 18, U.S.C., 1940 ed., Sec. 194 (Mar. 4, 1909, ch.
    321, Sec. 105, 35 Stat. 1107).
      Words "five years" were substituted for "seven years" as more in
    conformity with comparable sections of this chapter.
      Minor change was made in phraseology.

                                AMENDMENTS                            
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $1,000".

-End-



-CITE-
    18 USC Sec. 1022                                            01/03/2007

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

-HEAD-
    Sec. 1022. Delivery of certificate, voucher, receipt for military
      or naval property

-STATUTE-
      Whoever, being authorized to make or deliver any certificate,
    voucher, receipt, or other paper certifying the receipt of arms,
    ammunition, provisions, clothing, or other property used or to be
    used in the military or naval service, makes or delivers the same
    to any other person without a full knowledge of the truth of the
    facts stated therein and with intent to defraud the United States,
    or any agency thereof, shall be fined under this title or
    imprisoned not more than ten years, or both.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 754; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 18, U.S.C., 1940 ed., Sec. 84 (Mar. 4, 1909, ch.
    321, Sec. 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015;
    June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52
    Stat. 197).
      Word "agency" was substituted for "department" so as to eliminate
    any possible ambiguity as to scope of section. (See definitions of
    "department" and "agency" in section 6 of this title.)
      Words "or any corporation in which the United States of America
    is a stockholder" were omitted as unnecessary in view of definition
    of "agency" in section 6 of this title.
      Minor changes were made in phraseology.

                                AMENDMENTS                            
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $10,000".

-End-



-CITE-
    18 USC Sec. 1023                                            01/03/2007

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

-HEAD-
    Sec. 1023. Insufficient delivery of money or property for military
      or naval service

-STATUTE-
      Whoever, having charge, possession, custody, or control of any
    money or other public property used or to be used in the military
    or naval service, with intent to defraud the United States, or any
    agency thereof, or any corporation in which the United States has a
    proprietary interest, or intending to conceal such money or other
    property, delivers to any person having authority to receive the
    same any amount of such money or other property less than that for
    which he received a certificate or took a receipt, shall be fined
    under this title or imprisoned not more than ten years, or both.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 754; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 18, U.S.C., 1940 ed., Sec. 85 (Mar. 4, 1909, ch.
    321, Sec. 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015;
    June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52
    Stat. 197).
      Word "agency" was substituted for "department" so as to eliminate
    any possible ambiguity as to scope of section. (See definitions of
    "department" and "agency" in section 6 of this title.)
      Reference to persons causing or procuring was omitted as
    unnecessary in view of definition of "principal" in section 2 of
    this title.
      Minor changes were made in phraseology.

                                AMENDMENTS                            
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $10,000".

-End-



-CITE-
    18 USC Sec. 1024                                            01/03/2007

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

-HEAD-
    Sec. 1024. Purchase or receipt of military, naval, or veteran's
      facilities property

-STATUTE-
      Whoever purchases, or receives in pledge from any person any
    arms, equipment, ammunition, clothing, military stores, or other
    property furnished by the United States under a clothing allowance
    or otherwise, to any member of the Armed Forces of the United
    States or of the National Guard or Naval Militia, or to any person
    accompanying, serving, or retained with the land or naval forces
    and subject to military or naval law, or to any former member of
    such Armed Forces at or by any hospital, home, or facility
    maintained by the United States, having knowledge or reason to
    believe that the property has been taken from the possession of or
    furnished by the United States under such allowance, or otherwise,
    shall be fined under this title or imprisoned not more than two
    years, or both.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 754; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on title 18, U.S.C., 1940 ed., Sec. 86 (Mar. 4, 1909, ch.
    321, Sec. 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015;
    June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52
    Stat. 197; Apr. 30, 1940, ch. 164, 54 Stat. 171).
      Minor changes were made in phraseology.

                                AMENDMENTS                            
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $500".

-End-



-CITE-
    18 USC Sec. 1025                                            01/03/2007

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

-HEAD-
    Sec. 1025. False pretenses on high seas and other waters

-STATUTE-
      Whoever, upon any waters or vessel within the special maritime
    and territorial jurisdiction of the United States, by any fraud, or
    false pretense, obtains from any person anything of value, or
    procures the execution and delivery of any instrument of writing or
    conveyance of real or personal property, or the signature of any
    person, as maker, endorser, or guarantor, to or upon any bond,
    bill, receipt, promissory note, draft, or check, or any other
    evidence of indebtedness, or fraudulently sells, barters, or
    disposes of any bond, bill, receipt, promissory note, draft, or
    check, or other evidence of indebtedness, for value, knowing the
    same to be worthless, or knowing the signature of the maker,
    endorser, or guarantor thereof to have been obtained by any false
    pretenses, shall be fined under this title or imprisoned not more
    than five years, or both; but if the amount, value or the face
    value of anything so obtained does not exceed $1,000, he shall be
    fined under this title or imprisoned not more than one year, or
    both.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 755; May 24, 1949, ch. 139, Sec.
    22, 63 Stat. 92; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H),
    (K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104-294, title VI,
    Sec. 606(a), Oct. 11, 1996, 110 Stat. 3511.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   

                                 1948 ACT                             
      Based on title 18, U.S.C., 1940 ed., Sec. 467a (Mar. 4, 1909, ch.
    321, Sec. 288A, as added Aug. 5, 1939, ch. 434, 53 Stat. 1205).
      Words "upon any waters or vessel within the special maritime and
    territorial jurisdiction of the United States" were substituted for
    "upon the high seas or on any waters within the admiralty and
    maritime jurisdiction of the United States and out of the
    jurisdiction of any particular State, or within the admiralty and
    maritime jurisdiction of the United States and out of the
    jurisdiction of any particular State on board any vessel belonging
    in whole or in part to the United States or any citizen thereof or
    to any corporation created by or under the laws of the United
    States, or of any State, Territory, or District thereof", near
    beginning of section. The deleted words are not necessary in view
    of definitive section 7 of this title.
      Words "whatsoever with intent to defraud" were omitted as being
    included in the preceding term "false pretenses".
      The punishment provision was revised to include a misdemeanor
    punishment (not more than $1,000 or one year, or both) where the
    offense involves $100 or less. (See reviser's notes under sections
    641 and 645 of this title.)

                                 1949 ACT                             
      This section [section 22] corrects a typographical error in
    section 1025 of title 18, U.S.C.

                                AMENDMENTS                            
      1996 - Pub. L. 104-294 substituted "$1,000" for "$100".
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $5,000" after "pretenses, shall be" and for
    "fined not more than $1,000" after "he shall be".
      1949 - Act May 24, 1949, corrected spelling of "pretense".

-End-



-CITE-
    18 USC Sec. 1026                                            01/03/2007

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

-HEAD-
    Sec. 1026. Compromise, adjustment, or cancellation of farm
      indebtedness

-STATUTE-
      Whoever knowingly makes any false statement for the purpose of
    influencing in any way the action of the Secretary of Agriculture,
    or of any person acting under his authority, in connection with any
    compromise, adjustment, or cancellation of any farm indebtedness as
    provided by sections 1150, 1150a, and 1150b of Title 12, shall be
    fined under this title or imprisoned not more than one year, or
    both.

-SOURCE-
    (June 25, 1948, ch. 645, 62 Stat. 755; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)


-MISC1-
                       HISTORICAL AND REVISION NOTES                   
      Based on section 1150c(a) of title 12, U.S.C., 1940 ed., Banks
    and Banking (Dec. 20, 1944, ch. 623, Sec. 4(a), 58 Stat. 837).
      Words "of Agriculture" were inserted after "Secretary" for
    reasons of identification.
      Words "upon conviction thereof" were omitted as surplusage, since
    punishment can not be imposed until after conviction.
      Other changes were made in phraseology without change of
    substance.

                                AMENDMENTS                            
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $1,000".

-End-



-CITE-
    18 USC Sec. 1027                                            01/03/2007

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

-HEAD-
    Sec. 1027. False statements and concealment of facts in relation to
      documents required by the Employee Retirement Income Security Act
      of 1974

-STATUTE-
      Whoever, in any document required by title I of the Employee
    Retirement Income Security Act of 1974 (as amended from time to
    time) to be published, or kept as part of the records of any
    employee welfare benefit plan or employee pension benefit plan, or
    certified to the administrator of any such plan, makes any false
    statement or representation of fact, knowing it to be false, or
    knowingly conceals, covers up, or fails to disclose any fact the
    disclosure of which is required by such title or is necessary to
    verify, explain, clarify or check for accuracy and completeness any
    report required by such title to be published or any information
    required by such title to be certified, shall be fined under this
    title, or imprisoned not more than five years, or both.

-SOURCE-
    (Added Pub. L. 87-420, Sec. 17(c), Mar. 20, 1962, 76 Stat. 42;
    amended Pub. L. 93-406, title I, Sec. 111(a)(2)(B)(i), (ii), Sept.
    2, 1974, 88 Stat. 851; Pub. L. 103-322, title XXXIII, Sec.
    330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Employee Retirement Income Security Act of 1974, referred to
    in text, is Pub. L. 93-406, Sept. 2, 1974, 88 Stat. 829, as
    amended. Title I of the Employee Retirement Income Security Act of
    1974 is classified generally to subchapter I (Sec. 1001 et seq.) of
    chapter 18 of Title 29, Labor. For complete classification of this
    Act to the Code, see Short Title note set out under section 1001 of
    Title 29 and Tables.


-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $10,000".
      1974 - Pub. L. 93-406 substituted "Employee Retirement Income
    Security Act of 1974" for "Welfare and Pension Plans Disclosure
    Act" in section catchline, and "title I of the Employee Retirement
    Income Security Act of 1974" and "title" for "the Welfare and
    Pension Plans Disclosure Act" and "Act", respectively, in text.

                     EFFECTIVE DATE OF 1974 AMENDMENT                 
      Amendment by Pub. L. 93-406 effective Jan. 1, 1975, except as
    provided in section 1031(b)(2) of Title 29, Labor, see section
    1031(b)(1) of Title 29.

                              EFFECTIVE DATE                          
      Section effective 90 days after Mar. 20, 1962, see section 19 of
    Pub. L. 87-420, set out as a note under section 664 of this title.

-End-



-CITE-
    18 USC Sec. 1028                                            01/03/2007

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

-HEAD-
    Sec. 1028. Fraud and related activity in connection with
      identification documents, authentication features, and
      information

-STATUTE-
      (a) Whoever, in a circumstance described in subsection (c) of
    this section - 
        (1) knowingly and without lawful authority produces an
      identification document, authentication feature, or a false
      identification document;
        (2) knowingly transfers an identification document,
      authentication feature, or a false identification document
      knowing that such document or feature was stolen or produced
      without lawful authority;
        (3) knowingly possesses with intent to use unlawfully or
      transfer unlawfully five or more identification documents (other
      than those issued lawfully for the use of the possessor),
      authentication features, or false identification documents;
        (4) knowingly possesses an identification document (other than
      one issued lawfully for the use of the possessor), authentication
      feature, or a false identification document, with the intent such
      document or feature be used to defraud the United States;
        (5) knowingly produces, transfers, or possesses a document-
      making implement or authentication feature with the intent such
      document-making implement or authentication feature will be used
      in the production of a false identification document or another
      document-making implement or authentication feature which will be
      so used;
        (6) knowingly possesses an identification document or
      authentication feature that is or appears to be an identification
      document or authentication feature of the United States or a
      sponsoring entity of an event designated as a special event of
      national significance which is stolen or produced without lawful
      authority knowing that such document or feature was stolen or
      produced without such authority;
        (7) knowingly transfers, possesses, or uses, without lawful
      authority, a means of identification of another person with the
      intent to commit, or to aid or abet, or in connection with, any
      unlawful activity that constitutes a violation of Federal law, or
      that constitutes a felony under any applicable State or local
      law; or
        (8) knowingly traffics in false or actual authentication
      features for use in false identification documents, document-
      making implements, or means of identification;

    shall be punished as provided in subsection (b) of this section.
      (b) The punishment for an offense under subsection (a) of this
    section is - 
        (1) except as provided in paragraphs (3) and (4), a fine under
      this title or imprisonment for not more than 15 years, or both,
      if the offense is - 
          (A) the production or transfer of an identification document,
        authentication feature, or false identification document that
        is or appears to be - 
            (i) an identification document or authentication feature
          issued by or under the authority of the United States; or
            (ii) a birth certificate, or a driver's license or personal
          identification card;

          (B) the production or transfer of more than five
        identification documents, authentication features, or false
        identification documents;
          (C) an offense under paragraph (5) of such subsection; or
          (D) an offense under paragraph (7) of such subsection that
        involves the transfer, possession, or use of 1 or more means of
        identification if, as a result of the offense, any individual
        committing the offense obtains anything of value aggregating
        $1,000 or more during any 1-year period;

        (2) except as provided in paragraphs (3) and (4), a fine under
      this title or imprisonment for not more than 5 years, or both, if
      the offense is - 
          (A) any other production, transfer, or use of a means of
        identification, an identification document,,(!1) authentication
        feature, or a false identification document; or

          (B) an offense under paragraph (3) or (7) of such subsection;

        (3) a fine under this title or imprisonment for not more than
      20 years, or both, if the offense is committed - 
          (A) to facilitate a drug trafficking crime (as defined in
        section 929(a)(2));
          (B) in connection with a crime of violence (as defined in
        section 924(c)(3)); or
          (C) after a prior conviction under this section becomes
        final;

        (4) a fine under this title or imprisonment for not more than
      30 years, or both, if the offense is committed to facilitate an
      act of domestic terrorism (as defined under section 2331(5) of
      this title) or an act of international terrorism (as defined in
      section 2331(1) of this title);
        (5) in the case of any offense under subsection (a), forfeiture
      to the United States of any personal property used or intended to
      be used to commit the offense; and
        (6) a fine under this title or imprisonment for not more than
      one year, or both, in any other case.

      (c) The circumstance referred to in subsection (a) of this
    section is that - 
        (1) the identification document, authentication feature, or
      false identification document is or appears to be issued by or
      under the authority of the United States or a sponsoring entity
      of an event designated as a special event of national
      significance or the document-making implement is designed or
      suited for making such an identification document, authentication
      feature, or false identification document;
        (2) the offense is an offense under subsection (a)(4) of this
      section; or
        (3) either - 
          (A) the production, transfer, possession, or use prohibited
        by this section is in or affects interstate or foreign
        commerce, including the transfer of a document by electronic
        means; or
          (B) the means of identification, identification document,
        false identification document, or document-making implement is
        transported in the mail in the course of the production,
        transfer, possession, or use prohibited by this section.

      (d) In this section and section 1028A - 
        (1) the term "authentication feature" means any hologram,
      watermark, certification, symbol, code, image, sequence of
      numbers or letters, or other feature that either individually or
      in combination with another feature is used by the issuing
      authority on an identification document, document-making
      implement, or means of identification to determine if the
      document is counterfeit, altered, or otherwise falsified;
        (2) the term "document-making implement" means any implement,
      impression, template, computer file, computer disc, electronic
      device, or computer hardware or software, that is specifically
      configured or primarily used for making an identification
      document, a false identification document, or another document-
      making implement;
        (3) the term "identification document" means a document made or
      issued by or under the authority of the United States Government,
      a State, political subdivision of a State, a sponsoring entity of
      an event designated as a special event of national significance,
      a foreign government, political subdivision of a foreign
      government, an international governmental or an international
      quasi-governmental organization which, when completed with
      information concerning a particular individual, is of a type
      intended or commonly accepted for the purpose of identification
      of individuals;
        (4) the term "false identification document" means a document
      of a type intended or commonly accepted for the purposes of
      identification of individuals that - 
          (A) is not issued by or under the authority of a governmental
        entity or was issued under the authority of a governmental
        entity but was subsequently altered for purposes of deceit; and
          (B) appears to be issued by or under the authority of the
        United States Government, a State, a political subdivision of a
        State, a sponsoring entity of an event designated by the
        President as a special event of national significance, a
        foreign government, a political subdivision of a foreign
        government, or an international governmental or quasi-
        governmental organization;

        (5) the term "false authentication feature" means an
      authentication feature that - 
          (A) is genuine in origin, but, without the authorization of
        the issuing authority, has been tampered with or altered for
        purposes of deceit;
          (B) is genuine, but has been distributed, or is intended for
        distribution, without the authorization of the issuing
        authority and not in connection with a lawfully made
        identification document, document-making implement, or means of
        identification to which such authentication feature is intended
        to be affixed or embedded by the respective issuing authority;
        or
          (C) appears to be genuine, but is not;

        (6) the term "issuing authority" - 
          (A) means any governmental entity or agency that is
        authorized to issue identification documents, means of
        identification, or authentication features; and
          (B) includes the United States Government, a State, a
        political subdivision of a State, a sponsoring entity of an
        event designated by the President as a special event of
        national significance, a foreign government, a political
        subdivision of a foreign government, or an international
        government or quasi-governmental organization;

        (7) the term "means of identification" means any name or number
      that may be used, alone or in conjunction with any other
      information, to identify a specific individual, including any - 
          (A) name, social security number, date of birth, official
        State or government issued driver's license or identification
        number, alien registration number, government passport number,
        employer or taxpayer identification number;
          (B) unique biometric data, such as fingerprint, voice print,
        retina or iris image, or other unique physical representation;
          (C) unique electronic identification number, address, or
        routing code; or
          (D) telecommunication identifying information or access
        device (as defined in section 1029(e));

        (8) the term "personal identification card" means an
      identification document issued by a State or local government
      solely for the purpose of identification;
        (9) the term "produce" includes alter, authenticate, or
      assemble;
        (10) the term "transfer" includes selecting an identification
      document, false identification document, or document-making
      implement and placing or directing the placement of such
      identification document, false identification document, or
      document-making implement on an online location where it is
      available to others;
        (11) the term "State" includes any State of the United States,
      the District of Columbia, the Commonwealth of Puerto Rico, and
      any other commonwealth, possession, or territory of the United
      States; and
        (12) the term "traffic" means - 
          (A) to transport, transfer, or otherwise dispose of, to
        another, as consideration for anything of value; or
          (B) to make or obtain control of with intent to so transport,
        transfer, or otherwise dispose of.

      (e) This section does not prohibit any lawfully authorized
    investigative, protective, or intelligence activity of a law
    enforcement agency of the United States, a State, or a political
    subdivision of a State, or of an intelligence agency of the United
    States, or any activity authorized under chapter 224 of this title.
      (f) Attempt and Conspiracy. - Any person who attempts or
    conspires to commit any offense under this section shall be subject
    to the same penalties as those prescribed for the offense, the
    commission of which was the object of the attempt or conspiracy.
      (g) Forfeiture Procedures. - The forfeiture of property under
    this section, including any seizure and disposition of the property
    and any related judicial or administrative proceeding, shall be
    governed by the provisions of section 413 (other than subsection
    (d) of that section) of the Comprehensive Drug Abuse Prevention and
    Control Act of 1970 (21 U.S.C. 853).
      (h) Forfeiture; Disposition. - In the circumstance in which any
    person is convicted of a violation of subsection (a), the court
    shall order, in addition to the penalty prescribed, the forfeiture
    and destruction or other disposition of all illicit authentication
    features, identification documents, document-making implements, or
    means of identification.
      (i) Rule of Construction. - For purpose of subsection (a)(7), a
    single identification document or false identification document
    that contains 1 or more means of identification shall be construed
    to be 1 means of identification.

-SOURCE-
    (Added Pub. L. 97-398, Sec. 2, Dec. 31, 1982, 96 Stat. 2009;
    amended Pub. L. 99-646, Sec. 44(a), Nov. 10, 1986, 100 Stat. 3601;
    Pub. L. 100-690, title VII, Sec. 7023, Nov. 18, 1988, 102 Stat.
    4397; Pub. L. 101-647, title XII, Sec. 1205(e), Nov. 29, 1990, 104
    Stat. 4831; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), (M),
    (O), Sept. 13, 1994, 108 Stat. 2147, 2148; Pub. L. 104-208, div. C,
    title II, Sec. 211(a)(1), Sept. 30, 1996, 110 Stat. 3009-569; Pub.
    L. 104-294, title VI, Sec. 601(a)(3), (p), Oct. 11, 1996, 110 Stat.
    3498, 3502; Pub. L. 105-318, Sec. 3(a)-(h)(1), Oct. 30, 1998, 112
    Stat. 3007-3009; Pub. L. 106-578, Sec. 3, Dec. 28, 2000, 114 Stat.
    3076; Pub. L. 108-21, title VI, Sec. 607(b), Apr. 30, 2003, 117
    Stat. 689; Pub. L. 108-275, Secs. 2(c), 3, July 15, 2004, 118 Stat.
    832; Pub. L. 108-458, title VII, Sec. 7216, Dec. 17, 2004, 118
    Stat. 3833; Pub. L. 109-13, div. B, title II, Sec. 203(a), May 11,
    2005, 119 Stat. 315; Pub. L. 109-177, title VI, Sec. 603, Mar. 9,
    2006, 120 Stat. 253.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsecs. (a)(6), (c)(1). Pub. L. 109-177, Sec. 603(1),
    (2), inserted "or a sponsoring entity of an event designated as a
    special event of national significance" after "United States".
      Subsec. (d)(3). Pub. L. 109-177, Sec. 603(3), inserted "a
    sponsoring entity of an event designated as a special event of
    national significance," after "political subdivision of a State,".
      Subsec. (d)(4)(B), (6)(B). Pub. L. 109-177, Sec. 603(4), inserted
    "a sponsoring entity of an event designated by the President as a
    special event of national significance," after "political
    subdivision of a State,".
      2005 - Subsec. (a)(8). Pub. L. 109-13 substituted "false or
    actual authentication features" for "false authentication
    features".
      2004 - Subsec. (a)(7). Pub. L. 108-275, Sec. 3(1), substituted
    "transfers, possesses," for "transfers" and "abet, or in connection
    with," for "abet,".
      Subsec. (b)(1)(D). Pub. L. 108-275, Sec. 3(2), substituted
    "transfer, possession," for "transfer".
      Subsec. (b)(2). Pub. L. 108-275, Sec. 3(3), substituted "5 years"
    for "three years" in introductory provisions.
      Subsec. (b)(4). Pub. L. 108-458 substituted "30 years" for "25
    years".
      Pub. L. 108-275, Sec. 3(4), inserted "an act of domestic
    terrorism (as defined under section 2331(5) of this title) or"
    after "facilitate".
      Subsec. (d). Pub. L. 108-275, Sec. 2(c), inserted "and section
    1028A" after "In this section" in introductory provisions.
      2003 - Pub. L. 108-21, Sec. 607(b)(6), inserted ", authentication
    features," after "documents" in section catchline.
      Subsec. (a)(1). Pub. L. 108-21, Sec. 607(b)(1)(A), inserted ",
    authentication feature," after "an identification document".
      Subsec. (a)(2). Pub. L. 108-21, Sec. 607(b)(1)(B), inserted ",
    authentication feature," after "an identification document" and "or
    feature" after "such document".
      Subsec. (a)(3). Pub. L. 108-21, Sec. 607(b)(1)(C), inserted ",
    authentication features," after "possessor)".
      Subsec. (a)(4). Pub. L. 108-21, Sec. 607(b)(1)(D), inserted ",
    authentication feature," after "possessor)" and "or feature" after
    "such document".
      Subsec. (a)(5). Pub. L. 108-21, Sec. 607(b)(1)(E), inserted "or
    authentication feature" after "implement" wherever appearing.
      Subsec. (a)(6). Pub. L. 108-21, Sec. 607(b)(1)(F), inserted "or
    authentication feature" before "that is or appears", "or
    authentication feature" before "of the United States" and "or
    feature" after "such document" and struck out "or" at end.
      Subsec. (a)(7). Pub. L. 108-21, Sec. 607(b)(1)(G), inserted "or"
    after semicolon at end.
      Subsec. (a)(8). Pub. L. 108-21, Sec. 607(b)(1)(H), added par.
    (8).
      Subsec. (b)(1)(A). Pub. L. 108-21, Sec. 607(b)(2)(A)(i)(I),
    inserted ", authentication feature," before "or false" in
    introductory provisions.
      Subsec. (b)(1)(A)(i). Pub. L. 108-21, Sec. 607(b)(2)(A)(i)(II),
    inserted "or authentication feature" after "document".
      Subsec. (b)(1)(B). Pub. L. 108-21, Sec. 607(b)(2)(A)(ii),
    inserted ", authentication features," before "or false".
      Subsec. (b)(2)(A). Pub. L. 108-21, Sec. 607(b)(2)(B), inserted ",
    authentication feature," before "or a false".
      Subsec. (c)(1). Pub. L. 108-21, Sec. 607(b)(3), inserted ",
    authentication feature," before "or false" in two places.
      Subsec. (d). Pub. L. 108-21, Sec. 607(b)(4), added pars. (1),
    (5), (6) and (12), redesignated former pars. (1), (2), (3), (4),
    (5), (6), (7), and (8) as pars. (2), (3), (4), (7), (8), (9), (10),
    and (11), respectively, and in par. (4)(A) inserted "or was issued
    under the authority of a governmental entity but was subsequently
    altered for purposes of deceit" after "entity".
      Subsecs. (h), (i). Pub. L. 108-21, Sec. 607(b)(5), added subsec.
    (h) and redesignated former subsec. (h) as (i).
      2000 - Subsec. (c)(3)(A). Pub. L. 106-578, Sec. 3(1), inserted ",
    including the transfer of a document by electronic means" after
    "commerce".
      Subsec. (d)(1). Pub. L. 106-578, Sec. 3(2)(A), inserted
    "template, computer file, computer disc," after "impression,".
      Subsec. (d)(3) to (8). Pub. L. 106-578, Sec. 3(2)(B)-(F), added
    pars. (3) and (7) and redesignated former pars. (3), (4), (5), and
    (6) as (4), (5), (6), and (8), respectively.
      1998 - Pub. L. 105-318, Sec. 3(h)(1), inserted "and information"
    at end of section catchline.
      Subsec. (a). Pub. L. 105-318, Sec. 3(a)(3), struck out "or
    attempts to do so," before "shall be punished" in concluding
    provisions.
      Subsec. (a)(7). Pub. L. 105-318, Sec. 3(a)(1), (2), (4), added
    par. (7).
      Subsec. (b)(1)(D). Pub. L. 105-318, Sec. 3(b)(1), added subpar.
    (D).
      Subsec. (b)(2)(A). Pub. L. 105-318, Sec. 3(b)(2)(A), substituted
    ", transfer, or use of a means of identification, an identification
    document, or a" for "or transfer of an identification document or".
      Subsec. (b)(2)(B). Pub. L. 105-318, Sec. 3(b)(2)(B), inserted "or
    (7)" after "(3)".
      Subsec. (b)(3). Pub. L. 105-318, Sec. 3(b)(3), amended par. (3)
    generally. Prior to amendment, par. (3) read as follows: "a fine
    under this title or imprisonment for not more than 20 years, or
    both, if the offense is committed to facilitate a drug trafficking
    crime (as defined in section 929(a)(2) of this title);".
      Subsec. (b)(5), (6). Pub. L. 105-318, Sec. 3(b)(4)-(6), added
    par. (5) and redesignated former par. (5) as (6).
      Subsec. (c)(3). Pub. L. 105-318, Sec. 3(c), added par. (3) and
    struck out former par. (3) which read as follows: "the production,
    transfer, or possession prohibited by this section is in or affects
    interstate or foreign commerce, or the identification document,
    false identification document, or document-making implement is
    transported in the mail in the course of the production, transfer,
    or possession prohibited by this section."
      Subsec. (d). Pub. L. 105-318, Sec. 3(d), amended subsec. (d)
    generally. Prior to amendment, subsec. (d) consisted of pars. (1)
    to (5) defining "identification document", "produce", "document-
    making implement", "personal identification card", and "State" as
    used in this section.
      Subsec. (f). Pub. L. 105-318, Sec. 3(e), added subsec. (f).
      Subsec. (g). Pub. L. 105-318, Sec. 3(f), added subsec. (g).
      Subsec. (h). Pub. L. 105-318, Sec. 3(g), added subsec. (h).
      1996 - Subsec. (a)(4), (5). Pub. L. 104-294, Sec. 601(p), struck
    out "or" after semicolon in par. (4) and inserted "or" after
    semicolon in par. (5).
      Subsec. (b). Pub. L. 104-294, Sec. 601(a)(3), substituted "fine
    under this title" for "fine of under this title" wherever
    appearing.
      Subsec. (b)(1). Pub. L. 104-208, Sec. 211(a)(1)(A), in
    introductory provisions inserted "except as provided in paragraphs
    (3) and (4)," after "(1)" and substituted "15 years" for "five
    years".
      Subsec. (b)(2). Pub. L. 104-208, Sec. 211(a)(1)(B), inserted
    "except as provided in paragraphs (3) and (4)," after "(2)" in
    introductory provisions and struck out "and" at end.
      Subsec. (b)(3) to (5). Pub. L. 104-208, Sec. 211(a)(1)(C), (D),
    added pars. (3) and (4) and redesignated former par. (3) as (5).
      1994 - Subsec. (b)(1). Pub. L. 103-322, Sec. 330016(1)(O),
    substituted "under this title" for "not more than $25,000".
      Subsec. (b)(2). Pub. L. 103-322, Sec. 330016(1)(M), substituted
    "under this title" for "not more than $15,000".
      Subsec. (b)(3). Pub. L. 103-322, Sec. 330016(1)(K), substituted
    "under this title" for "not more than $5,000".
      1990 - Subsec. (d)(5). Pub. L. 101-647 inserted "commonwealth,"
    before "possession or territory of the United States".
      1988 - Subsec. (a)(6). Pub. L. 100-690 inserted "knowingly"
    before "possesses", "lawful" before first reference to "authority",
    and "such" before second reference to "authority".
      1986 - Subsec. (e). Pub. L. 99-646 substituted "chapter 224 of
    this title" for "title V of the Organized Crime Control Act of 1970
    (18 U.S.C. note prec. 3481)".

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Pub. L. 106-578, Sec. 5, Dec. 28, 2000, 114 Stat. 3077, provided
    that: "This Act [amending this section, repealing section 1738 of
    this title, and enacting provisions set out as a note below] and
    the amendments made by this Act shall take effect 90 days after the
    date of enactment of this Act [Dec. 28, 2000]."

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 211(c) of div. C of Pub. L. 104-208 provided that: "This
    section [amending this section and sections 1425 to 1427, 1541 to
    1544, and 1546 of this title and enacting provisions set out as a
    note under section 994 of Title 28, Judiciary and Judicial
    Procedure] and the amendments made by this section shall apply with
    respect to offenses occurring on or after the date of the enactment
    of this Act [Sept. 30, 1996]."

              COORDINATING COMMITTEE ON FALSE IDENTIFICATION          
      Pub. L. 106-578, Sec. 2, Dec. 28, 2000, 114 Stat. 3075, provided
    that:
      "(a) In General. - The Attorney General and the Secretary of the
    Treasury shall establish a coordinating committee to ensure,
    through existing interagency task forces or other means, that the
    creation and distribution of false identification documents (as
    defined in section 1028(d)(3) [now 1028(d)(4)] of title 18, United
    States Code, as added by section 3(2) of this Act) is vigorously
    investigated and prosecuted.
      "(b) Membership. - The coordinating committee shall consist of
    the Director of the United States Secret Service, the Director of
    the Federal Bureau of Investigation, the Attorney General, the
    Commissioner of Social Security, and the Commissioner of
    Immigration and Naturalization, or their respective designees.
      "(c) Term. - The coordinating committee shall terminate 2 years
    after the effective date of this Act [see Effective Date of 2000
    Amendment note above].
      "(d) Report. - 
        "(1) In general. - The Attorney General and the Secretary of
      the Treasury, at the end of each year of the existence of the
      committee, shall report to the Committee on the Judiciary of the
      Senate and the Committee on the Judiciary of the House of
      Representatives on the activities of the committee.
        "(2) Contents. - The report referred to in paragraph (1) shall
      include - 
          "(A) the total number of indictments and informations, guilty
        pleas, convictions, and acquittals resulting from the
        investigation and prosecution of the creation and distribution
        of false identification documents during the preceding year;
          "(B) identification of the Federal judicial districts in
        which the indictments and informations were filed, and in which
        the subsequent guilty pleas, convictions, and acquittals
        occurred;
          "(C) specification of the Federal statutes utilized for
        prosecution;
          "(D) a brief factual description of significant
        investigations and prosecutions;
          "(E) specification of the sentence imposed as a result of
        each guilty plea and conviction; and
          "(F) recommendations, if any, for legislative changes that
        could facilitate more effective investigation and prosecution
        of the creation and distribution of false identification
        documents."
      [For transfer of the functions, personnel, assets, and
    obligations of the United States Secret Service, including the
    functions of the Secretary of the Treasury relating thereto, to the
    Secretary of Homeland Security, and for treatment of related
    references, see sections 381, 551(d), 552(d), and 557 of Title 6,
    Domestic Security, and the Department of Homeland Security
    Reorganization Plan of November 25, 2002, as modified, set out as a
    note under section 542 of Title 6.]
      [For abolition of Immigration and Naturalization Service,
    transfer of functions, and treatment of related references, see
    note set out under section 1551 of Title 8, Aliens and
    Nationality.]

                         CONSTITUTIONAL AUTHORITY                     
      Pub. L. 105-318, Sec. 2, Oct. 30, 1998, 112 Stat. 3007, provided
    that: "The constitutional authority upon which this Act [see Short
    Title of 1998 Amendments note set out under section 1001 of this
    title] rests is the power of Congress to regulate commerce with
    foreign nations and among the several States, and the authority to
    make all laws which shall be necessary and proper for carrying into
    execution the powers vested by the Constitution in the Government
    of the United States or in any department or officer thereof, as
    set forth in article I, section 8 of the United States
    Constitution."

    CENTRALIZED COMPLAINT AND CONSUMER EDUCATION SERVICE FOR VICTIMS OF
                              IDENTITY THEFT
      Pub. L. 105-318, Sec. 5, Oct. 30, 1998, 112 Stat. 3010, provided
    that:
      "(a) In General. - Not later than 1 year after the date of
    enactment of this Act [Oct. 30, 1998], the Federal Trade Commission
    shall establish procedures to - 
        "(1) log and acknowledge the receipt of complaints by
      individuals who certify that they have a reasonable belief that 1
      or more of their means of identification (as defined in section
      1028 of title 18, United States Code, as amended by this Act)
      have been assumed, stolen, or otherwise unlawfully acquired in
      violation of section 1028 of title 18, United States Code, as
      amended by this Act;
        "(2) provide informational materials to individuals described
      in paragraph (1); and
        "(3) refer complaints described in paragraph (1) to appropriate
      entities, which may include referral to - 
          "(A) the 3 major national consumer reporting agencies; and
          "(B) appropriate law enforcement agencies for potential law
        enforcement action.
      "(b) Authorization of Appropriations. - There are authorized to
    be appropriated such sums as may be necessary to carry out this
    section."

       FRAUD AND RELATED ACTIVITY IN CONNECTION WITH IDENTIFICATION
                                 DOCUMENTS
      Pub. L. 98-473, title II, Sec. 609L, Oct. 12, 1984, 98 Stat.
    2103, provided that:
      "(a) For purposes of section 1028 of title 18, United States
    Code, to the maximum extent feasible, personal descriptors or
    identifiers utilized in identification documents, as defined in
    such section, shall utilize common descriptive terms and formats
    designed to - 
        "(1) reduce the redundancy and duplication of identification
      systems by providing information which can be utilized by the
      maximum number of authorities, and
        "(2) facilitate positive identification of bona fide holders of
      identification documents.
      "(b) The President shall, no later than 3 years after the date of
    enactment of this Act [Oct. 12, 1984], and after consultation with
    Federal, State, local, and international issuing authorities, and
    concerned groups make recommnedations [recommendations] to the
    Congress for the enactment of comprehensive legislation on Federal
    identification systems. Such legislation shall - 
        "(1) give due consideration to protecting the privacy of
      persons who are the subject of any identification system,
        "(2) recommend appropriate civil and criminal sanctions for the
      misuse or unauthorized disclosure of personal identification
      information, and
        "(3) make recommendations providing for the exchange of
      personal identification information as authorized by Federal or
      State law or Executive order of the President or the chief
      executive officer of any of the several States."

-FOOTNOTE-
    (!1) So in original.


-End-



-CITE-
    18 USC Sec. 1028A                                           01/03/2007

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

-HEAD-
    Sec. 1028A. Aggravated identity theft

-STATUTE-
      (a) Offenses. - 
        (1) In general. - Whoever, during and in relation to any felony
      violation enumerated in subsection (c), knowingly transfers,
      possesses, or uses, without lawful authority, a means of
      identification of another person shall, in addition to the
      punishment provided for such felony, be sentenced to a term of
      imprisonment of 2 years.
        (2) Terrorism offense. - Whoever, during and in relation to any
      felony violation enumerated in section 2332b(g)(5)(B), knowingly
      transfers, possesses, or uses, without lawful authority, a means
      of identification of another person or a false identification
      document shall, in addition to the punishment provided for such
      felony, be sentenced to a term of imprisonment of 5 years.

      (b) Consecutive Sentence. - Notwithstanding any other provision
    of law - 
        (1) a court shall not place on probation any person convicted
      of a violation of this section;
        (2) except as provided in paragraph (4), no term of
      imprisonment imposed on a person under this section shall run
      concurrently with any other term of imprisonment imposed on the
      person under any other provision of law, including any term of
      imprisonment imposed for the felony during which the means of
      identification was transferred, possessed, or used;
        (3) in determining any term of imprisonment to be imposed for
      the felony during which the means of identification was
      transferred, possessed, or used, a court shall not in any way
      reduce the term to be imposed for such crime so as to compensate
      for, or otherwise take into account, any separate term of
      imprisonment imposed or to be imposed for a violation of this
      section; and
        (4) a term of imprisonment imposed on a person for a violation
      of this section may, in the discretion of the court, run
      concurrently, in whole or in part, only with another term of
      imprisonment that is imposed by the court at the same time on
      that person for an additional violation of this section, provided
      that such discretion shall be exercised in accordance with any
      applicable guidelines and policy statements issued by the
      Sentencing Commission pursuant to section 994 of title 28.

      (c) Definition. - For purposes of this section, the term "felony
    violation enumerated in subsection (c)" means any offense that is a
    felony violation of - 
        (1) section 641 (relating to theft of public money, property,
      or rewards (!1)), section 656 (relating to theft, embezzlement,
      or misapplication by bank officer or employee), or section 664
      (relating to theft from employee benefit plans);

        (2) section 911 (relating to false personation of citizenship);
        (3) section 922(a)(6) (relating to false statements in
      connection with the acquisition of a firearm);
        (4) any provision contained in this chapter (relating to fraud
      and false statements), other than this section or section
      1028(a)(7);
        (5) any provision contained in chapter 63 (relating to mail,
      bank, and wire fraud);
        (6) any provision contained in chapter 69 (relating to
      nationality and citizenship);
        (7) any provision contained in chapter 75 (relating to
      passports and visas);
        (8) section 523 of the Gramm-Leach-Bliley Act (15 U.S.C. 6823)
      (relating to obtaining customer information by false pretenses);
        (9) section 243 or 266 of the Immigration and Nationality Act
      (8 U.S.C. 1253 and 1306) (relating to willfully failing to leave
      the United States after deportation and creating a counterfeit
      alien registration card);
        (10) any provision contained in chapter 8 of title II of the
      Immigration and Nationality Act (8 U.S.C. 1321 et seq.) (relating
      to various immigration offenses); or
        (11) section 208, 811, 1107(b), 1128B(a), or 1632 of the Social
      Security Act (42 U.S.C. 408, 1011, 1307(b), 1320a-7b(a), and
      1383a) (relating to false statements relating to programs under
      the Act).

-SOURCE-
    (Added Pub. L. 108-275, Sec. 2(a), July 15, 2004, 118 Stat. 831.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Immigration and Nationality Act, referred to in subsec.
    (c)(10), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended.
    Chapter 8 of title II of the Act is classified generally to part
    VIII (Sec. 1321 et seq.) of subchapter II of chapter 12 of Title 8,
    Aliens and Nationality. For complete classification of this Act to
    the Code, see Short Title note set out under section 1101 of Title
    8 and Tables.
      The Social Security Act, referred to in subsec. (c)(11), is act
    Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is
    classified generally to chapter 7 (Sec. 301 et seq.) of Title 42,
    The Public Health and Welfare. For complete classification of this
    Act to the Code, see section 1305 of Title 42 and Tables.

-FOOTNOTE-
    (!1) So in original. Probably should be "records".


-End-



-CITE-
    18 USC Sec. 1029                                            01/03/2007

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

-HEAD-
    Sec. 1029. Fraud and related activity in connection with access
      devices

-STATUTE-
      (a) Whoever - 
        (1) knowingly and with intent to defraud produces, uses, or
      traffics in one or more counterfeit access devices;
        (2) knowingly and with intent to defraud traffics in or uses
      one or more unauthorized access devices during any one-year
      period, and by such conduct obtains anything of value aggregating
      $1,000 or more during that period;
        (3) knowingly and with intent to defraud possesses fifteen or
      more devices which are counterfeit or unauthorized access
      devices;
        (4) knowingly, and with intent to defraud, produces, traffics
      in, has control or custody of, or possesses device-making
      equipment;
        (5) knowingly and with intent to defraud effects transactions,
      with 1 or more access devices issued to another person or
      persons, to receive payment or any other thing of value during
      any 1-year period the aggregate value of which is equal to or
      greater than $1,000;
        (6) without the authorization of the issuer of the access
      device, knowingly and with intent to defraud solicits a person
      for the purpose of - 
          (A) offering an access device; or
          (B) selling information regarding or an application to obtain
        an access device;

        (7) knowingly and with intent to defraud uses, produces,
      traffics in, has control or custody of, or possesses a
      telecommunications instrument that has been modified or altered
      to obtain unauthorized use of telecommunications services;
        (8) knowingly and with intent to defraud uses, produces,
      traffics in, has control or custody of, or possesses a scanning
      receiver;
        (9) knowingly uses, produces, traffics in, has control or
      custody of, or possesses hardware or software, knowing it has
      been configured to insert or modify telecommunication identifying
      information associated with or contained in a telecommunications
      instrument so that such instrument may be used to obtain
      telecommunications service without authorization; or
        (10) without the authorization of the credit card system member
      or its agent, knowingly and with intent to defraud causes or
      arranges for another person to present to the member or its
      agent, for payment, 1 or more evidences or records of
      transactions made by an access device;

    shall, if the offense affects interstate or foreign commerce, be
    punished as provided in subsection (c) of this section.
      (b)(1) Whoever attempts to commit an offense under subsection (a)
    of this section shall be subject to the same penalties as those
    prescribed for the offense attempted.
      (2) Whoever is a party to a conspiracy of two or more persons to
    commit an offense under subsection (a) of this section, if any of
    the parties engages in any conduct in furtherance of such offense,
    shall be fined an amount not greater than the amount provided as
    the maximum fine for such offense under subsection (c) of this
    section or imprisoned not longer than one-half the period provided
    as the maximum imprisonment for such offense under subsection (c)
    of this section, or both.
      (c) Penalties. - 
        (1) Generally. - The punishment for an offense under subsection
      (a) of this section is - 
          (A) in the case of an offense that does not occur after a
        conviction for another offense under this section - 
            (i) if the offense is under paragraph (1), (2), (3), (6),
          (7), or (10) of subsection (a), a fine under this title or
          imprisonment for not more than 10 years, or both; and
            (ii) if the offense is under paragraph (4), (5), (8), or
          (9) of subsection (a), a fine under this title or
          imprisonment for not more than 15 years, or both;

          (B) in the case of an offense that occurs after a conviction
        for another offense under this section, a fine under this title
        or imprisonment for not more than 20 years, or both; and
          (C) in either case, forfeiture to the United States of any
        personal property used or intended to be used to commit the
        offense.

        (2) Forfeiture procedure. - The forfeiture of property under
      this section, including any seizure and disposition of the
      property and any related administrative and judicial proceeding,
      shall be governed by section 413 of the Controlled Substances
      Act, except for subsection (d) of that section.

      (d) The United States Secret Service shall, in addition to any
    other agency having such authority, have the authority to
    investigate offenses under this section. Such authority of the
    United States Secret Service shall be exercised in accordance with
    an agreement which shall be entered into by the Secretary of the
    Treasury and the Attorney General.
      (e) As used in this section - 
        (1) the term "access device" means any card, plate, code,
      account number, electronic serial number, mobile identification
      number, personal identification number, or other
      telecommunications service, equipment, or instrument identifier,
      or other means of account access that can be used, alone or in
      conjunction with another access device, to obtain money, goods,
      services, or any other thing of value, or that can be used to
      initiate a transfer of funds (other than a transfer originated
      solely by paper instrument);
        (2) the term "counterfeit access device" means any access
      device that is counterfeit, fictitious, altered, or forged, or an
      identifiable component of an access device or a counterfeit
      access device;
        (3) the term "unauthorized access device" means any access
      device that is lost, stolen, expired, revoked, canceled, or
      obtained with intent to defraud;
        (4) the term "produce" includes design, alter, authenticate,
      duplicate, or assemble;
        (5) the term "traffic" means transfer, or otherwise dispose of,
      to another, or obtain control of with intent to transfer or
      dispose of;
        (6) the term "device-making equipment" means any equipment,
      mechanism, or impression designed or primarily used for making an
      access device or a counterfeit access device;
        (7) the term "credit card system member" means a financial
      institution or other entity that is a member of a credit card
      system, including an entity, whether affiliated with or identical
      to the credit card issuer, that is the sole member of a credit
      card system;
        (8) the term "scanning receiver" means a device or apparatus
      that can be used to intercept a wire or electronic communication
      in violation of chapter 119 or to intercept an electronic serial
      number, mobile identification number, or other identifier of any
      telecommunications service, equipment, or instrument;
        (9) the term "telecommunications service" has the meaning given
      such term in section 3 of title I of the Communications Act of
      1934 (47 U.S.C. 153);
        (10) the term "facilities-based carrier" means an entity that
      owns communications transmission facilities, is responsible for
      the operation and maintenance of those facilities, and holds an
      operating license issued by the Federal Communications Commission
      under the authority of title III of the Communications Act of
      1934; and
        (11) the term "telecommunication identifying information" means
      electronic serial number or any other number or signal that
      identifies a specific telecommunications instrument or account,
      or a specific communication transmitted from a telecommunications
      instrument.

      (f) This section does not prohibit any lawfully authorized
    investigative, protective, or intelligence activity of a law
    enforcement agency of the United States, a State, or a political
    subdivision of a State, or of an intelligence agency of the United
    States, or any activity authorized under chapter 224 of this title.
    For purposes of this subsection, the term "State" includes a State
    of the United States, the District of Columbia, and any
    commonwealth, territory, or possession of the United States.
      (g)(1) It is not a violation of subsection (a)(9) for an officer,
    employee, or agent of, or a person engaged in business with, a
    facilities-based carrier, to engage in conduct (other than
    trafficking) otherwise prohibited by that subsection for the
    purpose of protecting the property or legal rights of that carrier,
    unless such conduct is for the purpose of obtaining
    telecommunications service provided by another facilities-based
    carrier without the authorization of such carrier.
      (2) In a prosecution for a violation of subsection (a)(9), (other
    than a violation consisting of producing or trafficking) it is an
    affirmative defense (which the defendant must establish by a
    preponderance of the evidence) that the conduct charged was engaged
    in for research or development in connection with a lawful purpose.
      (h) Any person who, outside the jurisdiction of the United
    States, engages in any act that, if committed within the
    jurisdiction of the United States, would constitute an offense
    under subsection (a) or (b) of this section, shall be subject to
    the fines, penalties, imprisonment, and forfeiture provided in this
    title if - 
        (1) the offense involves an access device issued, owned,
      managed, or controlled by a financial institution, account
      issuer, credit card system member, or other entity within the
      jurisdiction of the United States; and
        (2) the person transports, delivers, conveys, transfers to or
      through, or otherwise stores, secrets, or holds within the
      jurisdiction of the United States, any article used to assist in
      the commission of the offense or the proceeds of such offense or
      property derived therefrom.

-SOURCE-
    (Added Pub. L. 98-473, title II, Sec. 1602(a), Oct. 12, 1984, 98
    Stat. 2183; amended Pub. L. 99-646, Sec. 44(b), Nov. 10, 1986, 100
    Stat. 3601; Pub. L. 101-647, title XII, Sec. 1205(f), Nov. 29,
    1990, 104 Stat. 4831; Pub. L. 103-322, title XXV, Sec. 250007,
    title XXXIII, Sec. 330016(2)(I), Sept. 13, 1994, 108 Stat. 2087,
    2148; Pub. L. 103-414, title II, Sec. 206, Oct. 25, 1994, 108 Stat.
    4291; Pub. L. 104-294, title VI, Sec. 601(l), Oct. 11, 1996, 110
    Stat. 3501; Pub. L. 105-172, Sec. 2(a)-(d), Apr. 24, 1998, 112
    Stat. 53, 54; Pub. L. 107-56, title III, Sec. 377, Oct. 26, 2001,
    115 Stat. 342; Pub. L. 107-273, div. B, title IV, Sec. 4002(b)(11),
    Nov. 2, 2002, 116 Stat. 1808.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 413 of the Controlled Substances Act, referred to in
    subsec. (c)(2), is classified to section 853 of Title 21, Food and
    Drugs.
      The Communications Act of 1934, referred to in subsec. (e)(10),
    is act June 19, 1934, ch. 652, 48 Stat. 1964, as amended. Title III
    of the Act is classified generally to subchapter III (Sec. 301 et
    seq.) of chapter 5 of Title 47, Telegraphs, Telephones, and
    Radiotelegraphs. For complete classification of this Act to the
    Code, see section 609 of Title 47 and Tables.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (c)(1)(A)(ii). Pub. L. 107-273, Sec.
    4002(b)(11)(A), substituted "(9)" for "(9),".
      Subsec. (e)(8). Pub. L. 107-273, Sec. 4002(b)(11)(B), inserted
    semicolon at end.
      2001 - Subsec. (h). Pub. L. 107-56 added subsec. (h).
      1998 - Subsec. (a)(8) to (10). Pub. L. 105-172, Sec. 2(a), added
    pars. (8) and (9), redesignated former par. (9) as (10), and struck
    out former par. (8) which read as follows: "knowingly and with
    intent to defraud uses, produces, traffics in, has control or
    custody of, or possesses - 
        "(A) a scanning receiver; or
        "(B) hardware or software used for altering or modifying
      telecommunications instruments to obtain unauthorized access to
      telecommunications services, or".
      Subsec. (b)(1). Pub. L. 105-172, Sec. 2(b)(2), substituted
    "subject to the same penalties as those prescribed for the offense
    attempted" for "punished as provided in subsection (c) of this
    section".
      Subsec. (c). Pub. L. 105-172, Sec. 2(b)(1), amended subsec. (c)
    generally. Prior to amendment, subsec. (c) read as follows: "The
    punishment for an offense under subsection (a) or (b)(1) of this
    section is - 
        "(1) a fine under this title or twice the value obtained by the
      offense, whichever is greater, or imprisonment for not more than
      ten years, or both, in the case of an offense under subsection
      (a)(2), (3), (5), (6), (7), (8), or (9) of this section which
      does not occur after a conviction for another offense under
      either such subsection, or an attempt to commit an offense
      punishable under this paragraph;
        "(2) a fine under this title or twice the value obtained by the
      offense, whichever is greater, or imprisonment for not more than
      fifteen years, or both, in the case of an offense under
      subsection (a)(1), (4), (5), (6), (7), or (8) of this section
      which does not occur after a conviction for another offense under
      either such subsection, or an attempt to commit an offense
      punishable under this paragraph; and
        "(3) a fine under this title or twice the value obtained by the
      offense, whichever is greater, or imprisonment for not more than
      twenty years, or both, in the case of an offense under subsection
      (a) of this section which occurs after a conviction for another
      offense under such subsection, or an attempt to commit an offense
      punishable under this paragraph."
      Subsec. (e)(8). Pub. L. 105-172, Sec. 2(c), inserted "or to
    intercept an electronic serial number, mobile identification
    number, or other identifier of any telecommunications service,
    equipment, or instrument" before the period at end.
      Subsec. (e)(9) to (11). Pub. L. 105-172, Sec. 2(d)(2), added
    pars. (9) to (11).
      Subsec. (g). Pub. L. 105-172, Sec. 2(d)(1), added subsec. (g).
      1996 - Subsec. (a)(5). Pub. L. 104-294, Sec. 601(l)(1)(A),
    redesignated par. (5), relating to instruments that have been
    modified or altered to obtain unauthorized access to
    telecommunications services, as (7).
      Subsec. (a)(6). Pub. L. 104-294, Sec. 601(l)(1)(C), in par. (6)
    relating to solicitations, struck out "or" at end.
      Pub. L. 104-294, Sec. 601(l)(1)(A), redesignated par. (6),
    relating to scanning receivers or other hardware or software used
    to obtain unauthorized access to telecommunications services, as
    (8).
      Subsec. (a)(7). Pub. L. 104-294, Sec. 601(l)(1)(A), (C),
    redesignated par. (5), relating to instruments that have been
    modified or altered to obtain unauthorized access to
    telecommunications services, as (7), and struck out "or" at end.
    Par. transferred to appear in numerical order to reflect probable
    intent of Congress. Former par. (7) redesignated (9).
      Pub. L. 104-294, Sec. 601(l)(1)(B), redesignated par. (7) as (9).
      Subsec. (a)(8). Pub. L. 104-294, Sec. 601(l)(1)(A), (D),
    redesignated par. (6), relating to scanning receivers or other
    hardware or software used to obtain unauthorized access to
    telecommunications services, as (8) and inserted "or" at end. Par.
    transferred to appear in numerical order to reflect probable intent
    of Congress.
      Subsec. (a)(9). Pub. L. 104-294, Sec. 601(l)(1)(B), redesignated
    par. (7) as (9).
      Subsec. (c)(1). Pub. L. 104-294, Sec. 601(l)(3)(A), substituted
    "(7), (8), or (9)" for "or (7)".
      Subsec. (c)(2). Pub. L. 104-294, Sec. 601(l)(3)(B), substituted
    "(6), (7), or (8)" for "or (6)".
      Subsec. (e)(7), (8). Pub. L. 104-294, Sec. 601(l)(2),
    redesignated par. (7), defining "scanning receiver", as (8).
      1994 - Subsec. (a)(3). Pub. L. 103-322, Sec. 250007(1)(A), and
    Pub. L. 103-414, Sec. 206(a)(1), amended par. (3) identically,
    striking "or" at end.
      Subsec. (a)(5). Pub. L. 103-414, Sec. 206(a)(2), added par. (5)
    relating to instruments that have been modified or altered to
    obtain unauthorized use of telecommunications services.
      Pub. L. 103-322, Sec. 250007(1)(B), added par. (5) relating to
    transactions involving use of access devices issued to persons
    other than user.
      Subsec. (a)(6). Pub. L. 103-414, Sec. 206(a)(2), added par. (6)
    relating to scanning receivers or other hardware or software used
    to obtain unauthorized access to telecommunications services.
      Pub. L. 103-322, Sec. 250007(1)(B), added par. (6) relating to
    solicitations which offer access devices or information regarding
    access devices.
      Subsec. (a)(7). Pub. L. 103-322, Sec. 250007(1)(B), added par.
    (7).
      Subsec. (c)(1). Pub. L. 103-322, Sec. 330016(2)(I), substituted
    "fine under this title or twice the value obtained by the offense,
    whichever is greater, or imprisonment" for "fine of not more than
    the greater of $10,000 or twice the value obtained by the offense
    or imprisonment".
      Pub. L. 103-322, Sec. 250007(2), substituted "(a)(2), (3), (5),
    (6), or (7)" for "(a)(2) or (a)(3)".
      Subsec. (c)(2). Pub. L. 103-414, Sec. 206(b), substituted
    "(a)(1), (4), (5), or (6)" for "(a)(1) or (a)(4)".
      Pub. L. 103-322, Sec. 330016(2)(I), substituted "fine under this
    title or twice the value obtained by the offense, whichever is
    greater, or imprisonment" for "fine of not more than the greater of
    $50,000 or twice the value obtained by the offense or
    imprisonment".
      Subsec. (c)(3). Pub. L. 103-322, Sec. 330016(2)(I), substituted
    "fine under this title or twice the value obtained by the offense,
    whichever is greater, or imprisonment" for "fine of not more than
    the greater of $100,000 or twice the value obtained by the offense
    or imprisonment".
      Subsec. (e)(1). Pub. L. 103-414, Sec. 206(c)(1), inserted
    "electronic serial number, mobile identification number, personal
    identification number, or other telecommunications service,
    equipment, or instrument identifier," after "account number,".
      Subsec. (e)(5), (6). Pub. L. 103-322, Sec. 250007(3)(A), (B), and
    Pub. L. 103-414, Sec. 206(c)(2), (3), amended subsec. (e)
    identically, striking "and" at end of par. (5) and substituting ";
    and" for period at end of par. (6).
      Subsec. (e)(7). Pub. L. 103-414, Sec. 206(c)(4), added par. (7)
    defining "scanning receiver".
      Pub. L. 103-322, Sec. 250007(3)(C), added par. (7) defining
    "credit card system member".
      1990 - Subsec. (f). Pub. L. 101-647 inserted at end "For purposes
    of this subsection, the term 'State' includes a State of the United
    States, the District of Columbia, and any commonwealth, territory,
    or possession of the United States."
      1986 - Subsec. (f). Pub. L. 99-646 which directed that subsec.
    (f) be amended by substituting "chapter 224 of this title" for
    "title V of the Organized Crime Control Act of 1970 (18 U.S.C. note
    prec. 3481)" was executed by making the substitution for "title V
    of the Organized Crime Control Act of 1970) 18 U.S.C. note prec.
    3481)" to reflect the probable intent of Congress.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of the functions, personnel, assets, and obligations
    of the United States Secret Service, including the functions of the
    Secretary of the Treasury relating thereto, to the Secretary of
    Homeland Security, and for treatment of related references, see
    sections 381, 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.


-MISC2-
                            REPORT TO CONGRESS                        
      Section 1603 of Pub. L. 98-473 directed Attorney General to
    report to Congress annually, during first three years following
    Oct. 12, 1984, concerning prosecutions under this section.

-End-



-CITE-
    18 USC Sec. 1030                                            01/03/2007

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

-HEAD-
    Sec. 1030. Fraud and related activity in connection with computers

-STATUTE-
      (a) Whoever - 
        (1) having knowingly accessed a computer without authorization
      or exceeding authorized access, and by means of such conduct
      having obtained information that has been determined by the
      United States Government pursuant to an Executive order or
      statute to require protection against unauthorized disclosure for
      reasons of national defense or foreign relations, or any
      restricted data, as defined in paragraph y. of section 11 of the
      Atomic Energy Act of 1954, with reason to believe that such
      information so obtained could be used to the injury of the United
      States, or to the advantage of any foreign nation willfully
      communicates, delivers, transmits, or causes to be communicated,
      delivered, or transmitted, or attempts to communicate, deliver,
      transmit or cause to be communicated, delivered, or transmitted
      the same to any person not entitled to receive it, or willfully
      retains the same and fails to deliver it to the officer or
      employee of the United States entitled to receive it;
        (2) intentionally accesses a computer without authorization or
      exceeds authorized access, and thereby obtains - 
          (A) information contained in a financial record of a
        financial institution, or of a card issuer as defined in
        section 1602(n) of title 15, or contained in a file of a
        consumer reporting agency on a consumer, as such terms are
        defined in the Fair Credit Reporting Act (15 U.S.C. 1681 et
        seq.);
          (B) information from any department or agency of the United
        States; or
          (C) information from any protected computer if the conduct
        involved an interstate or foreign communication;

        (3) intentionally, without authorization to access any
      nonpublic computer of a department or agency of the United
      States, accesses such a computer of that department or agency
      that is exclusively for the use of the Government of the United
      States or, in the case of a computer not exclusively for such
      use, is used by or for the Government of the United States and
      such conduct affects that use by or for the Government of the
      United States;
        (4) knowingly and with intent to defraud, accesses a protected
      computer without authorization, or exceeds authorized access, and
      by means of such conduct furthers the intended fraud and obtains
      anything of value, unless the object of the fraud and the thing
      obtained consists only of the use of the computer and the value
      of such use is not more than $5,000 in any 1-year period;
        (5)(A)(i) knowingly causes the transmission of a program,
      information, code, or command, and as a result of such conduct,
      intentionally causes damage without authorization, to a protected
      computer;
        (ii) intentionally accesses a protected computer without
      authorization, and as a result of such conduct, recklessly causes
      damage; or
        (iii) intentionally accesses a protected computer without
      authorization, and as a result of such conduct, causes damage;
      and
        (B) by conduct described in clause (i), (ii), or (iii) of
      subparagraph (A), caused (or, in the case of an attempted
      offense, would, if completed, have caused) - 
          (i) loss to 1 or more persons during any 1-year period (and,
        for purposes of an investigation, prosecution, or other
        proceeding brought by the United States only, loss resulting
        from a related course of conduct affecting 1 or more other
        protected computers) aggregating at least $5,000 in value;
          (ii) the modification or impairment, or potential
        modification or impairment, of the medical examination,
        diagnosis, treatment, or care of 1 or more individuals;
          (iii) physical injury to any person;
          (iv) a threat to public health or safety; or
          (v) damage affecting a computer system used by or for a
        government entity in furtherance of the administration of
        justice, national defense, or national security;

        (6) knowingly and with intent to defraud traffics (as defined
      in section 1029) in any password or similar information through
      which a computer may be accessed without authorization, if - 
          (A) such trafficking affects interstate or foreign commerce;
        or
          (B) such computer is used by or for the Government of the
        United States; (!1)


        (7) with intent to extort from any person any money or other
      thing of value, transmits in interstate or foreign commerce any
      communication containing any threat to cause damage to a
      protected computer;

    shall be punished as provided in subsection (c) of this section.
      (b) Whoever attempts to commit an offense under subsection (a) of
    this section shall be punished as provided in subsection (c) of
    this section.
      (c) The punishment for an offense under subsection (a) or (b) of
    this section is - 
        (1)(A) a fine under this title or imprisonment for not more
      than ten years, or both, in the case of an offense under
      subsection (a)(1) of this section which does not occur after a
      conviction for another offense under this section, or an attempt
      to commit an offense punishable under this subparagraph; and
        (B) a fine under this title or imprisonment for not more than
      twenty years, or both, in the case of an offense under subsection
      (a)(1) of this section which occurs after a conviction for
      another offense under this section, or an attempt to commit an
      offense punishable under this subparagraph;
        (2)(A) except as provided in subparagraph (B), a fine under
      this title or imprisonment for not more than one year, or both,
      in the case of an offense under subsection (a)(2), (a)(3),
      (a)(5)(A)(iii), or (a)(6) of this section which does not occur
      after a conviction for another offense under this section, or an
      attempt to commit an offense punishable under this subparagraph;
        (B) a fine under this title or imprisonment for not more than 5
      years, or both, in the case of an offense under subsection
      (a)(2), or an attempt to commit an offense punishable under this
      subparagraph, if - 
          (i) the offense was committed for purposes of commercial
        advantage or private financial gain;
          (ii) the offense was committed in furtherance of any criminal
        or tortious act in violation of the Constitution or laws of the
        United States or of any State; or
          (iii) the value of the information obtained exceeds $5,000;
        and

        (C) a fine under this title or imprisonment for not more than
      ten years, or both, in the case of an offense under subsection
      (a)(2), (a)(3) or (a)(6) of this section which occurs after a
      conviction for another offense under this section, or an attempt
      to commit an offense punishable under this subparagraph;
        (3)(A) a fine under this title or imprisonment for not more
      than five years, or both, in the case of an offense under
      subsection (a)(4) or (a)(7) of this section which does not occur
      after a conviction for another offense under this section, or an
      attempt to commit an offense punishable under this subparagraph;
      and
        (B) a fine under this title or imprisonment for not more than
      ten years, or both, in the case of an offense under subsection
      (a)(4), (a)(5)(A)(iii), or (a)(7) of this section which occurs
      after a conviction for another offense under this section, or an
      attempt to commit an offense punishable under this subparagraph;
        (4)(A) except as provided in paragraph (5), a fine under this
      title, imprisonment for not more than 10 years, or both, in the
      case of an offense under subsection (a)(5)(A)(i), or an attempt
      to commit an offense punishable under that subsection;
        (B) a fine under this title, imprisonment for not more than 5
      years, or both, in the case of an offense under subsection
      (a)(5)(A)(ii), or an attempt to commit an offense punishable
      under that subsection;
        (C) except as provided in paragraph (5), a fine under this
      title, imprisonment for not more than 20 years, or both, in the
      case of an offense under subsection (a)(5)(A)(i) or
      (a)(5)(A)(ii), or an attempt to commit an offense punishable
      under either subsection, that occurs after a conviction for
      another offense under this section; and
        (5)(A) if the offender knowingly or recklessly causes or
      attempts to cause serious bodily injury from conduct in violation
      of subsection (a)(5)(A)(i), a fine under this title or
      imprisonment for not more than 20 years, or both; and
        (B) if the offender knowingly or recklessly causes or attempts
      to cause death from conduct in violation of subsection
      (a)(5)(A)(i), a fine under this title or imprisonment for any
      term of years or for life, or both.

      (d)(1) The United States Secret Service shall, in addition to any
    other agency having such authority, have the authority to
    investigate offenses under this section.
      (2) The Federal Bureau of Investigation shall have primary
    authority to investigate offenses under subsection (a)(1) for any
    cases involving espionage, foreign counterintelligence, information
    protected against unauthorized disclosure for reasons of national
    defense or foreign relations, or Restricted Data (as that term is
    defined in section 11y of the Atomic Energy Act of 1954 (42 U.S.C.
    2014(y)), except for offenses affecting the duties of the United
    States Secret Service pursuant to section 3056(a) of this title.
      (3) Such authority shall be exercised in accordance with an
    agreement which shall be entered into by the Secretary of the
    Treasury and the Attorney General.
      (e) As used in this section - 
        (1) the term "computer" means an electronic, magnetic, optical,
      electrochemical, or other high speed data processing device
      performing logical, arithmetic, or storage functions, and
      includes any data storage facility or communications facility
      directly related to or operating in conjunction with such device,
      but such term does not include an automated typewriter or
      typesetter, a portable hand held calculator, or other similar
      device;
        (2) the term "protected computer" means a computer - 
          (A) exclusively for the use of a financial institution or the
        United States Government, or, in the case of a computer not
        exclusively for such use, used by or for a financial
        institution or the United States Government and the conduct
        constituting the offense affects that use by or for the
        financial institution or the Government; or
          (B) which is used in interstate or foreign commerce or
        communication, including a computer located outside the United
        States that is used in a manner that affects interstate or
        foreign commerce or communication of the United States;

        (3) the term "State" includes the District of Columbia, the
      Commonwealth of Puerto Rico, and any other commonwealth,
      possession or territory of the United States;
        (4) the term "financial institution" means - 
          (A) an institution, with deposits insured by the Federal
        Deposit Insurance Corporation;
          (B) the Federal Reserve or a member of the Federal Reserve
        including any Federal Reserve Bank;
          (C) a credit union with accounts insured by the National
        Credit Union Administration;
          (D) a member of the Federal home loan bank system and any
        home loan bank;
          (E) any institution of the Farm Credit System under the Farm
        Credit Act of 1971;
          (F) a broker-dealer registered with the Securities and
        Exchange Commission pursuant to section 15 of the Securities
        Exchange Act of 1934;
          (G) the Securities Investor Protection Corporation;
          (H) a branch or agency of a foreign bank (as such terms are
        defined in paragraphs (1) and (3) of section 1(b) of the
        International Banking Act of 1978); and
          (I) an organization operating under section 25 or section
        25(a) (!2) of the Federal Reserve Act;


        (5) the term "financial record" means information derived from
      any record held by a financial institution pertaining to a
      customer's relationship with the financial institution;
        (6) the term "exceeds authorized access" means to access a
      computer with authorization and to use such access to obtain or
      alter information in the computer that the accesser is not
      entitled so to obtain or alter;
        (7) the term "department of the United States" means the
      legislative or judicial branch of the Government or one of the
      executive departments enumerated in section 101 of title 5;
        (8) the term "damage" means any impairment to the integrity or
      availability of data, a program, a system, or information;
        (9) the term "government entity" includes the Government of the
      United States, any State or political subdivision of the United
      States, any foreign country, and any state, province,
      municipality, or other political subdivision of a foreign
      country;
        (10) the term "conviction" shall include a conviction under the
      law of any State for a crime punishable by imprisonment for more
      than 1 year, an element of which is unauthorized access, or
      exceeding authorized access, to a computer;
        (11) the term "loss" means any reasonable cost to any victim,
      including the cost of responding to an offense, conducting a
      damage assessment, and restoring the data, program, system, or
      information to its condition prior to the offense, and any
      revenue lost, cost incurred, or other consequential damages
      incurred because of interruption of service; and
        (12) the term "person" means any individual, firm, corporation,
      educational institution, financial institution, governmental
      entity, or legal or other entity.

      (f) This section does not prohibit any lawfully authorized
    investigative, protective, or intelligence activity of a law
    enforcement agency of the United States, a State, or a political
    subdivision of a State, or of an intelligence agency of the United
    States.
      (g) Any person who suffers damage or loss by reason of a
    violation of this section may maintain a civil action against the
    violator to obtain compensatory damages and injunctive relief or
    other equitable relief. A civil action for a violation of this
    section may be brought only if the conduct involves 1 of the
    factors set forth in clause (i), (ii), (iii), (iv), or (v) of
    subsection (a)(5)(B). Damages for a violation involving only
    conduct described in subsection (a)(5)(B)(i) are limited to
    economic damages. No action may be brought under this subsection
    unless such action is begun within 2 years of the date of the act
    complained of or the date of the discovery of the damage. No action
    may be brought under this subsection for the negligent design or
    manufacture of computer hardware, computer software, or firmware.
      (h) The Attorney General and the Secretary of the Treasury shall
    report to the Congress annually, during the first 3 years following
    the date of the enactment of this subsection, concerning
    investigations and prosecutions under subsection (a)(5).

-SOURCE-
    (Added Pub. L. 98-473, title II, Sec. 2102(a), Oct. 12, 1984, 98
    Stat. 2190; amended Pub. L. 99-474, Sec. 2, Oct. 16, 1986, 100
    Stat. 1213; Pub. L. 100-690, title VII, Sec. 7065, Nov. 18, 1988,
    102 Stat. 4404; Pub. L. 101-73, title IX, Sec. 962(a)(5), Aug. 9,
    1989, 103 Stat. 502; Pub. L. 101-647, title XII, Sec. 1205(e),
    title XXV, Sec. 2597(j), title XXXV, Sec. 3533, Nov. 29, 1990, 104
    Stat. 4831, 4910, 4925; Pub. L. 103-322, title XXIX, Sec. 290001(b)-
    (f), Sept. 13, 1994, 108 Stat. 2097-2099; Pub. L. 104-294, title
    II, Sec. 201, title VI, Sec. 604(b)(36), Oct. 11, 1996, 110 Stat.
    3491, 3508; Pub. L. 107-56, title V, Sec. 506(a), title VIII, Sec.
    814(a)-(e), Oct. 26, 2001, 115 Stat. 366, 382-384; Pub. L. 107-273,
    div. B, title IV, Secs. 4002(b)(1), (12), 4005(a)(3), (d)(3), Nov.
    2, 2002, 116 Stat. 1807, 1808, 1812, 1813; Pub. L. 107-296, title
    II, Sec. 225(g), Nov. 25, 2002, 116 Stat. 2158.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 11 of the Atomic Energy Act of 1954, referred to in
    subsec. (a)(1), is classified to section 2014 of Title 42, The
    Public Health and Welfare.
      The Fair Credit Reporting Act, referred to in subsec. (a)(2)(A),
    is title VI of Pub. L. 90-321, as added by Pub. L. 91-508, title
    VI, Sec. 601, Oct. 26, 1970, 84 Stat. 1127, as amended, which is
    classified generally to subchapter III (Sec. 1681 et seq.) of
    chapter 41 of Title 15, Commerce and Trade. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1601 of Title 15 and Tables.
      The Farm Credit Act of 1971, referred to in subsec. (e)(4)(E), is
    Pub. L. 92-181, Dec. 10, 1971, 85 Stat. 583, as amended, which is
    classified generally to chapter 23 (Sec. 2001 et seq.) of Title 12,
    Banks and Banking. For complete classification of this Act to the
    Code, see Short Title note set out under section 2001 of Title 12
    and Tables.
      Section 15 of the Securities Exchange Act of 1934, referred to in
    subsec. (e)(4)(F), is classified to section 78o of Title 15,
    Commerce and Trade.
      Section 1(b) of the International Banking Act of 1978, referred
    to in subsec. (e)(4)(H), is classified to section 3101 of Title 12,
    Banks and Banking.
      Section 25 of the Federal Reserve Act, referred to in subsec.
    (e)(4)(I), is classified to subchapter I (Sec. 601 et seq.) of
    chapter 6 of Title 12. 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.
      The date of the enactment of this subsection, referred to in
    subsec. (h), is the date of enactment of Pub. L. 103-322, which was
    approved Sept. 13, 1994.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a)(5)(B). Pub. L. 107-273, Sec. 4005(a)(3),
    realigned margins.
      Subsec. (c)(2)(B). Pub. L. 107-273, Sec. 4002(b)(1), realigned
    margins.
      Subsec. (c)(2)(B)(iii). Pub. L. 107-273, Sec. 4002(b)(12)(A),
    inserted "and" at end.
      Subsec. (c)(3)(B). Pub. L. 107-273, Sec. 4005(d)(3), inserted
    comma after "(a)(4)".
      Subsec. (c)(4)(A), (C). Pub. L. 107-296, Sec. 225(g)(2), inserted
    "except as provided in paragraph (5)," before "a fine under this
    title".
      Subsec. (c)(5). Pub. L. 107-296, Sec. 225(g)(1), (3), (4), added
    par. (5).
      Subsec. (e)(4)(I). Pub. L. 107-273, Sec. 4002(b)(12)(B),
    substituted semicolon for period at end.
      2001 - Subsec. (a)(5)(A). Pub. L. 107-56, Sec. 814(a)(1)-(3),
    designated existing provisions as cl. (i), redesignated subpars.
    (B) and (C) as cls. (ii) and (iii), respectively, of subpar. (A),
    and inserted "and" at end of cl. (iii).
      Subsec. (a)(5)(B). Pub. L. 107-56, Sec. 814(a)(4), added subpar.
    (B). Former subpar. (B) redesignated cl. (ii) of subpar. (A).
      Subsec. (a)(5)(C). Pub. L. 107-56, Sec. 814(a)(2), redesignated
    subpar. (C) as cl. (iii) of subpar. (A).
      Subsec. (a)(7). Pub. L. 107-56, Sec. 814(b), struck out ", firm,
    association, educational institution, financial institution,
    government entity, or other legal entity," before "any money or
    other thing of value".
      Subsec. (c)(2)(A). Pub. L. 107-56, Sec. 814(c)(1)(A), inserted
    "except as provided in subparagraph (B)," before "a fine",
    substituted "(a)(5)(A)(iii)" for "(a)(5)(C)", and struck out "and"
    at end.
      Subsec. (c)(2)(B). Pub. L. 107-56, Sec. 814(c)(1)(B), inserted
    "or an attempt to commit an offense punishable under this
    subparagraph," after "subsection (a)(2)," in introductory
    provisions.
      Subsec. (c)(2)(C). Pub. L. 107-56, Sec. 814(c)(1)(C), struck out
    "and" at end.
      Subsec. (c)(3). Pub. L. 107-56, Sec. 814(c)(2), struck out ",
    (a)(5)(A), (a)(5)(B)," after "subsection (a)(4)" in subpars. (A)
    and (B) and substituted "(a)(5)(A)(iii)" for "(a)(5)(C)" in subpar.
    (B).
      Subsec. (c)(4). Pub. L. 107-56, Sec. 814(c)(3), added par. (4).
      Subsec. (d). Pub. L. 107-56, Sec. 506(a), amended subsec. (d)
    generally. Prior to amendment, subsec. (d) read as follows: "The
    United States Secret Service shall, in addition to any other agency
    having such authority, have the authority to investigate offenses
    under subsections (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and
    (a)(6) of this section. Such authority of the United States Secret
    Service shall be exercised in accordance with an agreement which
    shall be entered into by the Secretary of the Treasury and the
    Attorney General."
      Subsec. (e)(2)(B). Pub. L. 107-56, Sec. 814(d)(1), inserted ",
    including a computer located outside the United States that is used
    in a manner that affects interstate or foreign commerce or
    communication of the United States" before semicolon.
      Subsec. (e)(7). Pub. L. 107-56, Sec. 814(d)(2), struck out "and"
    at end.
      Subsec. (e)(8). Pub. L. 107-56, Sec. 814(d)(3), added par. (8)
    and struck out former par. (8) which read as follows: "the term
    'damage' means any impairment to the integrity or availability of
    data, a program, a system, or information, that - 
        "(A) causes loss aggregating at least $5,000 in value during
      any 1-year period to one or more individuals;
        "(B) modifies or impairs, or potentially modifies or impairs,
      the medical examination, diagnosis, treatment, or care of one or
      more individuals;
        "(C) causes physical injury to any person; or
        "(D) threatens public health or safety; and".
      Subsec. (e)(10) to (12). Pub. L. 107-56, Sec. 814(d)(4), (5),
    added pars. (10) to (12).
      Subsec. (g). Pub. L. 107-56, Sec. 814(e), substituted "A civil
    action for a violation of this section may be brought only if the
    conduct involves 1 of the factors set forth in clause (i), (ii),
    (iii), (iv), or (v) of subsection (a)(5)(B). Damages for a
    violation involving only conduct described in subsection
    (a)(5)(B)(i) are limited to economic damages." for "Damages for
    violations involving damage as defined in subsection (e)(8)(A) are
    limited to economic damages." and inserted at end "No action may be
    brought under this subsection for the negligent design or
    manufacture of computer hardware, computer software, or firmware."
      1996 - Subsec. (a)(1). Pub. L. 104-294, Sec. 201(1)(A),
    substituted "having knowingly accessed" for "knowingly accesses",
    "exceeding authorized access" for "exceeds authorized access",
    "such conduct having obtained information" for "such conduct
    obtains information", and "could be used to the injury of the
    United States" for "is to be used to the injury of the United
    States", struck out "the intent or" before "reason to believe", and
    inserted before semicolon at end "willfully communicates, delivers,
    transmits, or causes to be communicated, delivered, or transmitted,
    or attempts to communicate, deliver, transmit or cause to be
    communicated, delivered, or transmitted the same to any person not
    entitled to receive it, or willfully retains the same and fails to
    deliver it to the officer or employee of the United States entitled
    to receive it".
      Subsec. (a)(2). Pub. L. 104-294, Sec. 201(1)(B), inserted dash
    after "thereby obtains", redesignated remainder of par. (2) as
    subpar. (A), and added subpars. (B) and (C).
      Subsec. (a)(3). Pub. L. 104-294, Sec. 201(1)(C), inserted
    "nonpublic" before "computer of a department or agency", struck out
    "adversely" after "and such conduct", and substituted "that use by
    or for the Government of the United States" for "the use of the
    Government's operation of such computer".
      Subsec. (a)(4). Pub. L. 104-294, Sec. 201(1)(D), substituted
    "protected computer" for "Federal interest computer" and inserted
    "and the value of such use is not more than $5,000 in any 1-year
    period" before semicolon at end.
      Subsec. (a)(5). Pub. L. 104-294, Sec. 201(1)(E), inserted par.
    (5) and struck out former par. (5) which related to fraud in
    connection with computers in causing transmission of program,
    information, code, or command to a computer or computer system in
    interstate or foreign commerce which damages such system, program,
    information, or code, or causes a withholding or denial of use of
    hardware or software, or transmits viruses which causes damage in
    excess of $1,000 or more during any one-year period, or modifies or
    impairs medical examination, diagnosis, treatment or care of
    individuals.
      Subsec. (a)(5)(B)(ii)(II)(bb). Pub. L. 104-294, Sec.
    604(b)(36)(A), which directed insertion of "or" at end of subsec.,
    could not be executed because no subsec. (a)(5)(B)(ii)(II)(bb)
    existed subsequent to amendment by Pub. L. 104-294, Sec. 201(1)(E).
    See above.
      Subsec. (a)(7). Pub. L. 104-294, Sec. 201(1)(F), added par. (7).
      Subsec. (c)(1). Pub. L. 104-294, Sec. 201(2)(A), substituted
    "under this section" for "under such subsection" in subpars. (A)
    and (B).
      Subsec. (c)(1)(B). Pub. L. 104-294, Sec. 604(b)(36)(B), struck
    out "and" after semicolon at end.
      Subsec. (c)(2)(A). Pub. L. 104-294, Sec. 201(2)(B)(i), inserted
    ", (a)(5)(C)," after "(a)(3)" and substituted "under this section"
    for "under such subsection".
      Subsec. (c)(2)(B). Pub. L. 104-294, Sec. 201(2)(B)(iii), added
    subpar. (B). Former subpar. (B) redesignated (C).
      Subsec. (c)(2)(C). Pub. L. 104-294, Sec. 201(2)(B)(iv),
    substituted "under this section" for "under such subsection" and
    inserted "and" at end.
      Pub. L. 104-294, Sec. 201(2)(B)(ii), redesignated subpar. (B) as
    (C).
      Subsec. (c)(3)(A). Pub. L. 104-294, Sec. 201(2)(C)(i),
    substituted "(a)(4), (a)(5)(A), (a)(5)(B), or (a)(7)" for "(a)(4)
    or (a)(5)(A)" and "under this section" for "under such subsection".
      Subsec. (c)(3)(B). Pub. L. 104-294, Sec. 201(2)(C)(ii),
    substituted "(a)(4), (a)(5)(A), (a)(5)(B), (a)(5)(C), or (a)(7)"
    for "(a)(4) or (a)(5)" and "under this section" for "under such
    subsection".
      Subsec. (c)(4). Pub. L. 104-294, Sec. 201(2)(D), struck out par.
    (4) which read as follows: "a fine under this title or imprisonment
    for not more than 1 year, or both, in the case of an offense under
    subsection (a)(5)(B)."
      Subsec. (d). Pub. L. 104-294, Sec. 201(3), inserted "subsections
    (a)(2)(A), (a)(2)(B), (a)(3), (a)(4), (a)(5), and (a)(6) of" before
    "this section" in first sentence.
      Subsec. (e)(2). Pub. L. 104-294, Sec. 201(4)(A)(i), substituted
    "protected" for "Federal interest" in introductory provisions.
      Subsec. (e)(2)(A). Pub. L. 104-294, Sec. 201(4)(A)(ii),
    substituted "that use by or for the financial institution or the
    Government" for "the use of the financial institution's operation
    or the Government's operation of such computer".
      Subsec. (e)(2)(B). Pub. L. 104-294, Sec. 201(4)(A)(iii), added
    subpar. (B) and struck out former subpar. (B) which read as
    follows: "which is one of two or more computers used in committing
    the offense, not all of which are located in the same State;".
      Subsec. (e)(8), (9). Pub. L. 104-294, Sec. 201(4)(B)-(D), added
    pars. (8) and (9).
      Subsec. (g). Pub. L. 104-294, Sec. 604(b)(36)(C), substituted
    "violation of this section" for "violation of the section".
      Pub. L. 104-294, Sec. 201(5), struck out ", other than a
    violation of subsection (a)(5)(B)," before "may maintain a civil
    action" and substituted "involving damage as defined in subsection
    (e)(8)(A)" for "of any subsection other than subsection
    (a)(5)(A)(ii)(II)(bb) or (a)(5)(B)(ii)(II)(bb)".
      Subsec. (h). Pub. L. 104-294, Sec. 604(b)(36)(D), substituted
    "subsection (a)(5)" for "section 1030(a)(5) of title 18, United
    States Code" before period at end.
      1994 - Subsec. (a)(3). Pub. L. 103-322, Sec. 290001(f), inserted
    "adversely" before "affects the use of the Government's".
      Subsec. (a)(5). Pub. L. 103-322, Sec. 290001(b), amended par. (5)
    generally. Prior to amendment, par. (5) read as follows:
    "intentionally accesses a Federal interest computer without
    authorization, and by means of one or more instances of such
    conduct alters, damages, or destroys information in any such
    Federal interest computer, or prevents authorized use of any such
    computer or information, and thereby - 
        "(A) causes loss to one or more others of a value aggregating
      $1,000 or more during any one year period; or
        "(B) modifies or impairs, or potentially modifies or impairs,
      the medical examination, medical diagnosis, medical treatment, or
      medical care of one or more individuals; or".
      Subsec. (c)(3)(A). Pub. L. 103-322, Sec. 290001(c)(2), inserted
    "(A)" after "(a)(5)".
      Subsec. (c)(4). Pub. L. 103-322, Sec. 290001(c)(1), (3), (4),
    added par. (4).
      Subsec. (g). Pub. L. 103-322, Sec. 290001(d), added subsec. (g).
      Subsec. (h). Pub. L. 103-322, Sec. 290001(e), added subsec. (h).
      1990 - Subsec. (a)(1). Pub. L. 101-647, Sec. 3533, substituted
    "paragraph y" for "paragraph r".
      Subsec. (e)(3). Pub. L. 101-647, Sec. 1205(e), inserted
    "commonwealth," before "possession or territory of the United
    States".
      Subsec. (e)(4)(G). Pub. L. 101-647, Sec. 2597(j)(2), which
    directed substitution of a semicolon for a period at end of subpar.
    (G), could not be executed because it ended with a semicolon.
      Subsec. (e)(4)(H), (I). Pub. L. 101-647, Sec. 2597(j), added
    subpars. (H) and (I).
      1989 - Subsec. (e)(4)(A). Pub. L. 101-73, Sec. 962(a)(5)(A),
    substituted "an institution," for "a bank".
      Subsec. (e)(4)(C) to (H). Pub. L. 101-73, Sec. 962(a)(5)(B), (C),
    redesignated subpars. (D) to (H) as (C) to (G), respectively, and
    struck out former subpar. (C) which read as follows: "an
    institution with accounts insured by the Federal Savings and Loan
    Insurance Corporation;".
      1988 - Subsec. (a)(2). Pub. L. 100-690 inserted a comma after
    "financial institution" and struck out the comma that followed a
    comma after "title 15".
      1986 - Subsec. (a). Pub. L. 99-474, Sec. 2(b)(2), struck out last
    sentence which read as follows: "It is not an offense under
    paragraph (2) or (3) of this subsection in the case of a person
    having accessed a computer with authorization and using the
    opportunity such access provides for purposes to which such access
    does not extend, if the using of such opportunity consists only of
    the use of the computer."
      Subsec. (a)(1). Pub. L. 99-474, Sec. 2(c), substituted "or
    exceeds authorized access" for ", or having accessed a computer
    with authorization, uses the opportunity such access provides for
    purposes to which such authorization does not extend".
      Subsec. (a)(2). Pub. L. 99-474, Sec. 2(a), (c), substituted
    "intentionally" for "knowingly", substituted "or exceeds authorized
    access" for ", or having accessed a computer with authorization,
    uses the opportunity such access provides for purposes to which
    such authorization does not extend", struck out "as such terms are
    defined in the Right to Financial Privacy Act of 1978 (12 U.S.C.
    3401 et seq.)," after "financial institution,", inserted "or of a
    card issuer as defined in section 1602(n) of title 15," and struck
    out "or" appearing at end.
      Subsec. (a)(3). Pub. L. 99-474, Sec. 2(b)(1), amended par. (3)
    generally. Prior to amendment, par. (3) read as follows: "knowingly
    accesses a computer without authorization, or having accessed a
    computer with authorization, uses the opportunity such access
    provides for purposes to which such authorization does not extend,
    and by means of such conduct knowingly uses, modifies, destroys, or
    discloses information in, or prevents authorized use of, such
    computer, if such computer is operated for or on behalf of the
    Government of the United States and such conduct affects such
    operation;".
      Subsec. (a)(4) to (6). Pub. L. 99-474, Sec. 2(d), added pars. (4)
    to (6).
      Subsec. (b). Pub. L. 99-474, Sec. 2(e), struck out par. (1)
    designation and par. (2) which provided a penalty for persons
    conspiring to commit an offense under subsec. (a).
      Subsec. (c). Pub. L. 99-474, Sec. 2(f)(9), substituted "(b)" for
    "(b)(1)" in introductory text.
      Subsec. (c)(1)(A). Pub. L. 99-474, Sec. 2(f)(1), substituted
    "under this title" for "of not more than the greater of $10,000 or
    twice the value obtained by the offense".
      Subsec. (c)(1)(B). Pub. L. 99-474, Sec. 2(f)(2), substituted
    "under this title" for "of not more than the greater of $100,000 or
    twice the value obtained by the offense".
      Subsec. (c)(2)(A). Pub. L. 99-474, Sec. 2(f)(3), (4), substituted
    "under this title" for "of not more than the greater of $5,000 or
    twice the value obtained or loss created by the offense" and
    inserted reference to subsec. (a)(6).
      Subsec. (c)(2)(B). Pub. L. 99-474, Sec. 2(f)(3), (5)-(7),
    substituted "under this title" for "of not more than the greater of
    $10,000 or twice the value obtained or loss created by the
    offense", "not more than" for "not than", inserted reference to
    subsec. (a)(6), and substituted "; and" for the period at end of
    subpar. (B).
      Subsec. (c)(3). Pub. L. 99-474, Sec. 2(f)(8), added par. (3).
      Subsec. (e). Pub. L. 99-474, Sec. 2(g), substituted a dash for
    the comma after "As used in this section", realigned remaining
    portion of subsection, inserted "(1)" before "the term",
    substituted a semicolon for the period at the end, and added pars.
    (2) to (7).
      Subsec. (f). Pub. L. 99-474, Sec. 2(h), added subsec. (f).

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      For transfer of the functions, personnel, assets, and obligations
    of the United States Secret Service, including the functions of the
    Secretary of the Treasury relating thereto, to the Secretary of
    Homeland Security, and for treatment of related references, see
    sections 381, 551(d), 552(d), and 557 of Title 6, Domestic
    Security, and the Department of Homeland Security Reorganization
    Plan of November 25, 2002, as modified, set out as a note under
    section 542 of Title 6.


-MISC2-
                            REPORTS TO CONGRESS                        
      Section 2103 of Pub. L. 98-473 directed Attorney General to
    report to Congress annually, during first three years following
    Oct. 12, 1984, concerning prosecutions under this section.

-FOOTNOTE-               

    (!1) So in original. Probably should be followed by "or".

    (!2) See References in Text note below.


-End-



-CITE-
    18 USC Sec. 1031                                            01/03/2007

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

-HEAD-
    Sec. 1031. Major fraud against the United States

-STATUTE-
      (a) Whoever knowingly executes, or attempts to execute, any
    scheme or artifice with the intent - 
        (1) to defraud the United States; or
        (2) to obtain money or property by means of false or fraudulent
      pretenses, representations, or promises,

    in any procurement of property or services as a prime contractor
    with the United States or as a subcontractor or supplier on a
    contract in which there is a prime contract with the United States,
    if the value of the contract, subcontract, or any constituent part
    thereof, for such property or services is $1,000,000 or more shall,
    subject to the applicability of subsection (c) of this section, be
    fined not more than $1,000,000, or imprisoned not more than 10
    years, or both.
      (b) The fine imposed for an offense under this section may exceed
    the maximum otherwise provided by law, if such fine does not exceed
    $5,000,000 and - 
        (1) the gross loss to the Government or the gross gain to a
      defendant is $500,000 or greater; or
        (2) the offense involves a conscious or reckless risk of
      serious personal injury.

      (c) The maximum fine imposed upon a defendant for a prosecution
    including a prosecution with multiple counts under this section
    shall not exceed $10,000,000.
      (d) Nothing in this section shall preclude a court from imposing
    any other sentences available under this title, including without
    limitation a fine up to twice the amount of the gross loss or gross
    gain involved in the offense pursuant to 18 U.S.C. section 3571(d).
      (e) In determining the amount of the fine, the court shall
    consider the factors set forth in 18 U.S.C. sections 3553 and 3572,
    and the factors set forth in the guidelines and policy statements
    of the United States Sentencing Commission, including - 
        (1) the need to reflect the seriousness of the offense,
      including the harm or loss to the victim and the gain to the
      defendant;
        (2) whether the defendant previously has been fined for a
      similar offense; and
        (3) any other pertinent equitable considerations.

      (f) A prosecution of an offense under this section may be
    commenced any time not later than 7 years after the offense is
    committed, plus any additional time otherwise allowed by law.
      (g)(1) In special circumstances and in his or her sole
    discretion, the Attorney General is authorized to make payments
    from funds appropriated to the Department of Justice to persons who
    furnish information relating to a possible prosecution under this
    section. The amount of such payment shall not exceed $250,000. Upon
    application by the Attorney General, the court may order that the
    Department shall be reimbursed for a payment from a criminal fine
    imposed under this section.
      (2) An individual is not eligible for such a payment if - 
        (A) that individual is an officer or employee of a Government
      agency who furnishes information or renders service in the
      performance of official duties;
        (B) that individual failed to furnish the information to the
      individual's employer prior to furnishing it to law enforcement
      authorities, unless the court determines the individual has
      justifiable reasons for that failure;
        (C) the furnished information is based upon public disclosure
      of allegations or transactions in a criminal, civil, or
      administrative hearing, in a congressional, administrative, or
      GAO report, hearing, audit or investigation, or from the news
      media unless the person is the original source of the
      information. For the purposes of this subsection, "original
      source" means an individual who has direct and independent
      knowledge of the information on which the allegations are based
      and has voluntarily provided the information to the Government;
      or
        (D) that individual participated in the violation of this
      section with respect to which such payment would be made.

      (3) The failure of the Attorney General to authorize a payment
    shall not be subject to judicial review.
      (h) Any individual who - 
        (1) is discharged, demoted, suspended, threatened, harassed, or
      in any other manner discriminated against in the terms and
      conditions of employment by an employer because of lawful acts
      done by the employee on behalf of the employee or others in
      furtherance of a prosecution under this section (including
      investigation for, initiation of, testimony for, or assistance in
      such prosecution), and
        (2) was not a participant in the unlawful activity that is the
      subject of said prosecution, may, in a civil action, obtain all
      relief necessary to make such individual whole. Such relief shall
      include reinstatement with the same seniority status such
      individual would have had but for the discrimination, 2 times the
      amount of back pay, interest on the back pay, and compensation
      for any special damages sustained as a result of the
      discrimination, including litigation costs and reasonable
      attorney's fees.

-SOURCE-
    (Added Pub. L. 100-700, Sec. 2(a), Nov. 19, 1988, 102 Stat. 4631;
    amended Pub. L. 101-123, Sec. 2(a), Oct. 23, 1989, 103 Stat. 759;
    Pub. L. 103-322, title XXXIII, Sec. 330002(a), (f), Sept. 13, 1994,
    108 Stat. 2140.)


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (g). Pub. L. 103-322, Sec. 330002(f), redesignated
    second subsec. (g) as (h).
      Subsec. (g)(2)(A). Pub. L. 103-322, Sec. 330002(a), substituted
    "a Government" for "a government".
      Subsec. (h). Pub. L. 103-322, Sec. 330002(f), redesignated second
    subsec. (g) as (h).
      1989 - Subsec. (g). Pub. L. 101-123 added, after subsec. (f),
    subsec. (g) relating to payments by the Attorney General.

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Section 2(b) of Pub. L. 101-123 provided that: "The amendment
    made by this section [amending this section] shall apply to
    contracts entered into on or after the date of the enactment of
    this Act [Oct. 23, 1989]."

-End-



-CITE-
    18 USC Sec. 1032                                            01/03/2007

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

-HEAD-
    Sec. 1032. Concealment of assets from conservator, receiver, or
      liquidating agent of financial institution

-STATUTE-
      Whoever - 
        (1) knowingly conceals or endeavors to conceal an asset or
      property from the Federal Deposit Insurance Corporation, acting
      as conservator or receiver or in the Corporation's corporate
      capacity with respect to any asset acquired or liability assumed
      by the Corporation under section 11, 12, or 13 of the Federal
      Deposit Insurance Act, the Resolution Trust Corporation, any
      conservator appointed by the Comptroller of the Currency or the
      Director of the Office of Thrift Supervision, or the National
      Credit Union Administration Board, acting as conservator or
      liquidating agent;
        (2) corruptly impedes or endeavors to impede the functions of
      such Corporation, Board, or conservator; or
        (3) corruptly places or endeavors to place an asset or property
      beyond the reach of such Corporation, Board, or conservator,

    shall be fined under this title or imprisoned not more than 5
    years, or both.

-SOURCE-
    (Added Pub. L. 101-647, title XXV, Sec. 2501(a), Nov. 29, 1990, 104
    Stat. 4859; amended Pub. L. 107-273, div. B, title IV, Sec.
    4002(b)(13), Nov. 2, 2002, 116 Stat. 1808.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Sections 11, 12, and 13 of the Federal Deposit Insurance Act,
    referred to in par. (1), are classified to sections 1821, 1822, and
    1823, respectively, of Title 12, Banks and Banking.


-MISC1-
                                AMENDMENTS                            
      2002 - Par. (1). Pub. L. 107-273 substituted "13" for "13,".

-End-



-CITE-
    18 USC Sec. 1033                                            01/03/2007

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

-HEAD-
    Sec. 1033. Crimes by or affecting persons engaged in the business
      of insurance whose activities affect interstate commerce

-STATUTE-
      (a)(1) Whoever is engaged in the business of insurance whose
    activities affect interstate commerce and knowingly, with the
    intent to deceive, makes any false material statement or report or
    willfully and materially overvalues any land, property or security -
     
        (A) in connection with any financial reports or documents
      presented to any insurance regulatory official or agency or an
      agent or examiner appointed by such official or agency to examine
      the affairs of such person, and
        (B) for the purpose of influencing the actions of such official
      or agency or such an appointed agent or examiner,

    shall be punished as provided in paragraph (2).
      (2) The punishment for an offense under paragraph (1) is a fine
    as established under this title or imprisonment for not more than
    10 years, or both, except that the term of imprisonment shall be
    not more than 15 years if the statement or report or overvaluing of
    land, property, or security jeopardized the safety and soundness of
    an insurer and was a significant cause of such insurer being placed
    in conservation, rehabilitation, or liquidation by an appropriate
    court.
      (b)(1) Whoever - 
        (A) acting as, or being an officer, director, agent, or
      employee of, any person engaged in the business of insurance
      whose activities affect interstate commerce, or
        (B) is engaged in the business of insurance whose activities
      affect interstate commerce or is involved (other than as an
      insured or beneficiary under a policy of insurance) in a
      transaction relating to the conduct of affairs of such a
      business,

    willfully embezzles, abstracts, purloins, or misappropriates any of
    the moneys, funds, premiums, credits, or other property of such
    person so engaged shall be punished as provided in paragraph (2).
      (2) The punishment for an offense under paragraph (1) is a fine
    as provided under this title or imprisonment for not more than 10
    years, or both, except that if such embezzlement, abstraction,
    purloining, or misappropriation described in paragraph (1)
    jeopardized the safety and soundness of an insurer and was a
    significant cause of such insurer being placed in conservation,
    rehabilitation, or liquidation by an appropriate court, such
    imprisonment shall be not more than 15 years. If the amount or
    value so embezzled, abstracted, purloined, or misappropriated does
    not exceed $5,000, whoever violates paragraph (1) shall be fined as
    provided in this title or imprisoned not more than one year, or
    both.
      (c)(1) Whoever is engaged in the business of insurance and whose
    activities affect interstate commerce or is involved (other than as
    an insured or beneficiary under a policy of insurance) in a
    transaction relating to the conduct of affairs of such a business,
    knowingly makes any false entry of material fact in any book,
    report, or statement of such person engaged in the business of
    insurance with intent to deceive any person, including any officer,
    employee, or agent of such person engaged in the business of
    insurance, any insurance regulatory official or agency, or any
    agent or examiner appointed by such official or agency to examine
    the affairs of such person, about the financial condition or
    solvency of such business shall be punished as provided in
    paragraph (2).
      (2) The punishment for an offense under paragraph (1) is a fine
    as provided under this title or imprisonment for not more than 10
    years, or both, except that if the false entry in any book, report,
    or statement of such person jeopardized the safety and soundness of
    an insurer and was a significant cause of such insurer being placed
    in conservation, rehabilitation, or liquidation by an appropriate
    court, such imprisonment shall be not more than 15 years.
      (d) Whoever, by threats or force or by any threatening letter or
    communication, corruptly influences, obstructs, or impedes or
    endeavors corruptly to influence, obstruct, or impede the due and
    proper administration of the law under which any proceeding
    involving the business of insurance whose activities affect
    interstate commerce is pending before any insurance regulatory
    official or agency or any agent or examiner appointed by such
    official or agency to examine the affairs of a person engaged in
    the business of insurance whose activities affect interstate
    commerce, shall be fined as provided in this title or imprisoned
    not more than 10 years, or both.
      (e)(1)(A) Any individual who has been convicted of any criminal
    felony involving dishonesty or a breach of trust, or who has been
    convicted of an offense under this section, and who willfully
    engages in the business of insurance whose activities affect
    interstate commerce or participates in such business, shall be
    fined as provided in this title or imprisoned not more than 5
    years, or both.
      (B) Any individual who is engaged in the business of insurance
    whose activities affect interstate commerce and who willfully
    permits the participation described in subparagraph (A) shall be
    fined as provided in this title or imprisoned not more than 5
    years, or both.
      (2) A person described in paragraph (1)(A) may engage in the
    business of insurance or participate in such business if such
    person has the written consent of any insurance regulatory official
    authorized to regulate the insurer, which consent specifically
    refers to this subsection.
      (f) As used in this section - 
        (1) the term "business of insurance" means - 
          (A) the writing of insurance, or
          (B) the reinsuring of risks,

      by an insurer, including all acts necessary or incidental to such
      writing or reinsuring and the activities of persons who act as,
      or are, officers, directors, agents, or employees of insurers or
      who are other persons authorized to act on behalf of such
      persons;
        (2) the term "insurer" means any entity the business activity
      of which is the writing of insurance or the reinsuring of risks,
      and includes any person who acts as, or is, an officer, director,
      agent, or employee of that business;
        (3) the term "interstate commerce" means - 
          (A) commerce within the District of Columbia, or any
        territory or possession of the United States;
          (B) all commerce between any point in the State, territory,
        possession, or the District of Columbia and any point outside
        thereof;
          (C) all commerce between points within the same State through
        any place outside such State; or
          (D) all other commerce over which the United States has
        jurisdiction; and

        (4) the term "State" includes any State, the District of
      Columbia, the Commonwealth of Puerto Rico, the Northern Mariana
      Islands, the Virgin Islands, American Samoa, and the Trust
      Territory of the Pacific Islands.

-SOURCE-
    (Added Pub. L. 103-322, title XXXII, Sec. 320603(a), Sept. 13,
    1994, 108 Stat. 2115.)


-TRANS-
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS       
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.

-End-



-CITE-
    18 USC Sec. 1034                                            01/03/2007

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

-HEAD-
    Sec. 1034. Civil penalties and injunctions for violations of
      section 1033

-STATUTE-
      (a) The Attorney General may bring a civil action in the
    appropriate United States district court against any person who
    engages in conduct constituting an offense under section 1033 and,
    upon proof of such conduct by a preponderance of the evidence, such
    person shall be subject to a civil penalty of not more than $50,000
    for each violation or the amount of compensation which the person
    received or offered for the prohibited conduct, whichever amount is
    greater. If the offense has contributed to the decision of a court
    of appropriate jurisdiction to issue an order directing the
    conservation, rehabilitation, or liquidation of an insurer, such
    penalty shall be remitted to the appropriate regulatory official
    for the benefit of the policyholders, claimants, and creditors of
    such insurer. The imposition of a civil penalty under this
    subsection does not preclude any other criminal or civil statutory,
    common law, or administrative remedy, which is available by law to
    the United States or any other person.
      (b) If the Attorney General has reason to believe that a person
    is engaged in conduct constituting an offense under section 1033,
    the Attorney General may petition an appropriate United States
    district court for an order prohibiting that person from engaging
    in such conduct. The court may issue an order prohibiting that
    person from engaging in such conduct if the court finds that the
    conduct constitutes such an offense. The filing of a petition under
    this section does not preclude any other remedy which is available
    by law to the United States or any other person.

-SOURCE-
    (Added Pub. L. 103-322, title XXXII, Sec. 320603(a), Sept. 13,
    1994, 108 Stat. 2118.)

-End-



-CITE-
    18 USC Sec. 1035                                            01/03/2007

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

-HEAD-
    Sec. 1035. False statements relating to health care matters

-STATUTE-
      (a) Whoever, in any matter involving a health care benefit
    program, knowingly and willfully - 
        (1) falsifies, conceals, or covers up by any trick, scheme, or
      device a material fact; or
        (2) makes any materially false, fictitious, or fraudulent
      statements or representations, or makes or uses any materially
      false writing or document knowing the same to contain any
      materially false, fictitious, or fraudulent statement or entry,

    in connection with the delivery of or payment for health care
    benefits, items, or services, shall be fined under this title or
    imprisoned not more than 5 years, or both.
      (b) As used in this section, the term "health care benefit
    program" has the meaning given such term in section 24(b) of this
    title.

-SOURCE-
    (Added Pub. L. 104-191, title II, Sec. 244(a), Aug. 21, 1996, 110
    Stat. 2017.)

-End-



-CITE-
    18 USC Sec. 1036                                            01/03/2007

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

-HEAD-
    Sec. 1036. Entry by false pretenses to any real property, vessel,
      or aircraft of the United States or secure area of any airport or
      seaport

-STATUTE-
      (a) Whoever, by any fraud or false pretense, enters or attempts
    to enter - 
        (1) any real property belonging in whole or in part to, or
      leased by, the United States;
        (2) any vessel or aircraft belonging in whole or in part to, or
      leased by, the United States;
        (3) any secure or restricted area of any seaport, designated as
      secure in an approved security plan, as required under section
      70103 of title 46, United States Code, and the rules and
      regulations promulgated under that section; or
        (4) any secure area of any airport,

    shall be punished as provided in subsection (b) of this section.
      (b) The punishment for an offense under subsection (a) of this
    section is - 
        (1) a fine under this title or imprisonment for not more than
      10 years, or both, if the offense is committed with the intent to
      commit a felony; or
        (2) a fine under this title or imprisonment for not more than 6
      months, or both, in any other case.

      (c) As used in this section - 
        (1) the term "secure area" means an area access to which is
      restricted by the airport authority, captain of the seaport, or a
      public agency; and
        (2) the term "airport" has the meaning given such term in
      section 47102 of title 49.

-SOURCE-
    (Added Pub. L. 106-547, Sec. 2(a), Dec. 19, 2000, 114 Stat. 2738;
    amended Pub. L. 109-177, title III, Sec. 302(a), Mar. 9, 2006, 120
    Stat. 233.)


-MISC1-
                                AMENDMENTS                            
      2006 - Pub. L. 109-177, Sec. 302(a)(4), substituted "any airport
    or seaport" for "any airport" in section catchline.
      Subsec. (a)(3), (4). Pub. L. 109-177, Sec. 302(a)(1), added par.
    (3) and redesignated former par. (3) as (4).
      Subsec. (b)(1). Pub. L. 109-177, Sec. 302(a)(2), substituted "10
    years" for "5 years".
      Subsec. (c)(1). Pub. L. 109-177, Sec. 302(a)(3), inserted ",
    captain of the seaport," after "airport authority".

-End-



-CITE-
    18 USC Sec. 1037                                            01/03/2007

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

-HEAD-
    Sec. 1037. Fraud and related activity in connection with electronic
      mail

-STATUTE-
      (a) In General. - Whoever, in or affecting interstate or foreign
    commerce, knowingly - 
        (1) accesses a protected computer without authorization, and
      intentionally initiates the transmission of multiple commercial
      electronic mail messages from or through such computer,
        (2) uses a protected computer to relay or retransmit multiple
      commercial electronic mail messages, with the intent to deceive
      or mislead recipients, or any Internet access service, as to the
      origin of such messages,
        (3) materially falsifies header information in multiple
      commercial electronic mail messages and intentionally initiates
      the transmission of such messages,
        (4) registers, using information that materially falsifies the
      identity of the actual registrant, for five or more electronic
      mail accounts or online user accounts or two or more domain
      names, and intentionally initiates the transmission of multiple
      commercial electronic mail messages from any combination of such
      accounts or domain names, or
        (5) falsely represents oneself to be the registrant or the
      legitimate successor in interest to the registrant of 5 or more
      Internet Protocol addresses, and intentionally initiates the
      transmission of multiple commercial electronic mail messages from
      such addresses,

    or conspires to do so, shall be punished as provided in subsection
    (b).
      (b) Penalties. - The punishment for an offense under subsection
    (a) is - 
        (1) a fine under this title, imprisonment for not more than 5
      years, or both, if - 
          (A) the offense is committed in furtherance of any felony
        under the laws of the United States or of any State; or
          (B) the defendant has previously been convicted under this
        section or section 1030, or under the law of any State for
        conduct involving the transmission of multiple commercial
        electronic mail messages or unauthorized access to a computer
        system;

        (2) a fine under this title, imprisonment for not more than 3
      years, or both, if - 
          (A) the offense is an offense under subsection (a)(1);
          (B) the offense is an offense under subsection (a)(4) and
        involved 20 or more falsified electronic mail or online user
        account registrations, or 10 or more falsified domain name
        registrations;
          (C) the volume of electronic mail messages transmitted in
        furtherance of the offense exceeded 2,500 during any 24-hour
        period, 25,000 during any 30-day period, or 250,000 during any
        1-year period;
          (D) the offense caused loss to one or more persons
        aggregating $5,000 or more in value during any 1-year period;
          (E) as a result of the offense any individual committing the
        offense obtained anything of value aggregating $5,000 or more
        during any 1-year period; or
          (F) the offense was undertaken by the defendant in concert
        with three or more other persons with respect to whom the
        defendant occupied a position of organizer or leader; and

        (3) a fine under this title or imprisonment for not more than 1
      year, or both, in any other case.

      (c) Forfeiture. - 
        (1) In general. - The court, in imposing sentence on a person
      who is convicted of an offense under this section, shall order
      that the defendant forfeit to the United States - 
          (A) any property, real or personal, constituting or traceable
        to gross proceeds obtained from such offense; and
          (B) any equipment, software, or other technology used or
        intended to be used to commit or to facilitate the commission
        of such offense.

        (2) Procedures. - The procedures set forth in section 413 of
      the Controlled Substances Act (21 U.S.C. 853), other than
      subsection (d) of that section, and in Rule 32.2 of the Federal
      Rules of Criminal Procedure, shall apply to all stages of a
      criminal forfeiture proceeding under this section.

      (d) Definitions. - In this section:
        (1) Loss. - The term "loss" has the meaning given that term in
      section 1030(e) of this title.
        (2) Materially. - For purposes of paragraphs (3) and (4) of
      subsection (a), header information or registration information is
      materially falsified if it is altered or concealed in a manner
      that would impair the ability of a recipient of the message, an
      Internet access service processing the message on behalf of a
      recipient, a person alleging a violation of this section, or a
      law enforcement agency to identify, locate, or respond to a
      person who initiated the electronic mail message or to
      investigate the alleged violation.
        (3) Multiple. - The term "multiple" means more than 100
      electronic mail messages during a 24-hour period, more than 1,000
      electronic mail messages during a 30-day period, or more than
      10,000 electronic mail messages during a 1-year period.
        (4) Other terms. - Any other term has the meaning given that
      term by section 3 of the CAN-SPAM Act of 2003.".

-SOURCE-
    (Added Pub. L. 108-187, Sec. 4(a)(1), Dec. 16, 2003, 117 Stat.
    2703.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Rules of Criminal Procedure, referred to in subsec.
    (c)(2), are set out in the Appendix to this title.
      Section 3 of the CAN-SPAM Act of 2003, referred to in subsec.
    (d)(4), is classified to section 7702 of Title 15, Commerce and
    Trade.


-MISC1-
                              EFFECTIVE DATE                          
      Section effective Jan. 1, 2004, see section 16 of Pub. L. 108-
    187, set out as a note under section 7701 of Title 15, Commerce
    and Trade.

-End-



-CITE-
    18 USC Sec. 1038                                            01/03/2007

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

-HEAD-
    Sec. 1038. False information and hoaxes

-STATUTE-
      (a) Criminal Violation. - 
        (1) In general. - Whoever engages in any conduct with intent to
      convey false or misleading information under circumstances where
      such information may reasonably be believed and where such
      information indicates that an activity has taken, is taking, or
      will take place that would constitute a violation of chapter 2,
      10, 11B, 39, 40, 44, 111, or 113B of this title, section 236 of
      the Atomic Energy Act of 1954 (42 U.S.C. 2284), or section 46502,
      the second sentence of section 46504, section 46505(b)(3) or (c),
      section 46506 if homicide or attempted homicide is involved, or
      section 60123(b) of title 49, shall - 
          (A) be fined under this title or imprisoned not more than 5
        years, or both;
          (B) if serious bodily injury results, be fined under this
        title or imprisoned not more than 20 years, or both; and
          (C) if death results, be fined under this title or imprisoned
        for any number of years up to life, or both.

        (2) Armed forces. - Any person who makes a false statement,
      with intent to convey false or misleading information, about the
      death, injury, capture, or disappearance of a member of the Armed
      Forces of the United States during a war or armed conflict in
      which the United States is engaged - 
          (A) shall be fined under this title, imprisoned not more than
        5 years, or both;
          (B) if serious bodily injury results, shall be fined under
        this title, imprisoned not more than 20 years, or both; and
          (C) if death results, shall be fined under this title,
        imprisoned for any number of years or for life, or both.

      (b) Civil Action. - Whoever engages in any conduct with intent to
    convey false or misleading information under circumstances where
    such information may reasonably be believed and where such
    information indicates that an activity has taken, is taking, or
    will take place that would constitute a violation of chapter 2, 10,
    11B, 39, 40, 44, 111, or 113B of this title, section 236 of the
    Atomic Energy Act of 1954 (42 U.S.C. 2284), or section 46502, the
    second sentence of section 46504, section 46505 (b)(3) or (c),
    section 46506 if homicide or attempted homicide is involved, or
    section 60123(b) of title 49 is liable in a civil action to any
    party incurring expenses incident to any emergency or investigative
    response to that conduct, for those expenses.
      (c) Reimbursement. - 
        (1) In general. - The court, in imposing a sentence on a
      defendant who has been convicted of an offense under subsection
      (a), shall order the defendant to reimburse any state or local
      government, or private not-for-profit organization that provides
      fire or rescue service incurring expenses incident to any
      emergency or investigative response to that conduct, for those
      expenses.
        (2) Liability. - A person ordered to make reimbursement under
      this subsection shall be jointly and severally liable for such
      expenses with each other person, if any, who is ordered to make
      reimbursement under this subsection for the same expenses.
        (3) Civil judgment. - An order of reimbursement under this
      subsection shall, for the purposes of enforcement, be treated as
      a civil judgment.

      (d) Activities of Law Enforcement. - This section does not
    prohibit any lawfully authorized investigative, protective, or
    intelligence activity of a law enforcement agency of the United
    States, a State, or political subdivision of a State, or of an
    intelligence agency of the United States.

-SOURCE-
    (Added Pub. L. 108-458, title VI, Sec. 6702(a), Dec. 17, 2004, 118
    Stat. 3764.)

-End-



-CITE-
    18 USC Sec. 1039                                            01/03/2007

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

-HEAD-
    Sec. 1039. Fraud and related activity in connection with obtaining
      confidential phone records information of a covered entity

-STATUTE-
      (a) Criminal Violation. - Whoever, in interstate or foreign
    commerce, knowingly and intentionally obtains, or attempts to
    obtain, confidential phone records information of a covered entity,
    by - 
        (1) making false or fraudulent statements or representations to
      an employee of a covered entity;
        (2) making such false or fraudulent statements or
      representations to a customer of a covered entity;
        (3) providing a document to a covered entity knowing that such
      document is false or fraudulent; or
        (4) accessing customer accounts of a covered entity via the
      Internet, or by means of conduct that violates section 1030 of
      this title, without prior authorization from the customer to whom
      such confidential phone records information relates;

    shall be fined under this title, imprisoned for not more than 10
    years, or both.
      (b) Prohibition on Sale or Transfer of Confidential Phone Records
    Information. - 
        (1) Except as otherwise permitted by applicable law, whoever,
      in interstate or foreign commerce, knowingly and intentionally
      sells or transfers, or attempts to sell or transfer, confidential
      phone records information of a covered entity, without prior
      authorization from the customer to whom such confidential phone
      records information relates, or knowing or having reason to know
      such information was obtained fraudulently, shall be fined under
      this title, imprisoned not more than 10 years, or both.
        (2) For purposes of this subsection, the exceptions specified
      in section 222(d) of the Communications Act of 1934 shall apply
      for the use of confidential phone records information by any
      covered entity, as defined in subsection (h).

      (c) Prohibition on Purchase or Receipt of Confidential Phone
    Records Information. - 
        (1) Except as otherwise permitted by applicable law, whoever,
      in interstate or foreign commerce, knowingly and intentionally
      purchases or receives, or attempts to purchase or receive,
      confidential phone records information of a covered entity,
      without prior authorization from the customer to whom such
      confidential phone records information relates, or knowing or
      having reason to know such information was obtained fraudulently,
      shall be fined under this title, imprisoned not more than 10
      years, or both.
        (2) For purposes of this subsection, the exceptions specified
      in section 222(d) of the Communications Act of 1934 shall apply
      for the use of confidential phone records information by any
      covered entity, as defined in subsection (h).

      (d) Enhanced Penalties for Aggravated Cases. - Whoever violates,
    or attempts to violate, subsection (a), (b), or (c) while violating
    another law of the United States or as part of a pattern of any
    illegal activity involving more than $100,000, or more than 50
    customers of a covered entity, in a 12-month period shall, in
    addition to the penalties provided for in such subsection, be fined
    twice the amount provided in subsection (b)(3) or (c)(3) (as the
    case may be) of section 3571 of this title, imprisoned for not more
    than 5 years, or both.
      (e) Enhanced Penalties for Use of Information in Furtherance of
    Certain Criminal Offenses. - 
        (1) Whoever, violates, or attempts to violate, subsection (a),
      (b), or (c) knowing that such information may be used in
      furtherance of, or with the intent to commit, an offense
      described in section 2261, 2261A, 2262, or any other crime of
      violence shall, in addition to the penalties provided for in such
      subsection, be fined under this title and imprisoned not more
      than 5 years.
        (2) Whoever, violates, or attempts to violate, subsection (a),
      (b), or (c) knowing that such information may be used in
      furtherance of, or with the intent to commit, an offense under
      section 111, 115, 1114, 1503, 1512, 1513, or to intimidate,
      threaten, harass, injure, or kill any Federal, State, or local
      law enforcement officer shall, in addition to the penalties
      provided for in such subsection, be fined under this title and
      imprisoned not more than 5 years.

      (f) Extraterritorial Jurisdiction. - There is extraterritorial
    jurisdiction over an offense under this section.
      (g) Nonapplicability to Law Enforcement Agencies. - This section
    does not prohibit any lawfully authorized investigative,
    protective, or intelligence activity of a law enforcement agency of
    the United States, a State, or political subdivision of a State, or
    of an intelligence agency of the United States.
      (h) Definitions. - In this section:
        (1) Confidential phone records information. - The term
      "confidential phone records information" means information that -
      
          (A) relates to the quantity, technical configuration, type,
        destination, location, or amount of use of a service offered by
        a covered entity, subscribed to by any customer of that covered
        entity, and kept by or on behalf of that covered entity solely
        by virtue of the relationship between that covered entity and
        the customer;
          (B) is made available to a covered entity by a customer
        solely by virtue of the relationship between that covered
        entity and the customer; or
          (C) is contained in any bill, itemization, or account
        statement provided to a customer by or on behalf of a covered
        entity solely by virtue of the relationship between that
        covered entity and the customer.

        (2) Covered entity. - The term "covered entity" - 
          (A) has the same meaning given the term "telecommunications
        carrier" in section 3 of the Communications Act of 1934 (47
        U.S.C. 153); and
          (B) includes any provider of IP-enabled voice service.

        (3) Customer. - The term "customer" means, with respect to a
      covered entity, any individual, partnership, association, joint
      stock company, trust, or corporation, or authorized
      representative of such customer, to whom the covered entity
      provides a product or service.
        (4) IP-enabled voice service. - The term "IP-enabled voice
      service" means the provision of real-time voice communications
      offered to the public, or such class of users as to be
      effectively available to the public, transmitted through customer
      premises equipment using TCP/IP protocol, or a successor
      protocol, (whether part of a bundle of services or separately)
      with interconnection capability such that the service can
      originate traffic to, or terminate traffic from, the public
      switched telephone network, or a successor network.

-SOURCE-
    (Added Pub. L. 109-476, Sec. 3(a), Jan. 12, 2007, 120 Stat. 3569.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 222(d) of the Communications Act of 1934, referred to in
    subsecs. (b)(2) and (c)(2), is classified to section 222(d) of
    Title 47, Telegraphs, Telephones, and Radiotelegraphs.


-MISC1-
                                 FINDINGS                             
      Pub. L. 109-476, Sec. 2, Jan. 12, 2007, 120 Stat. 3568, provided
    that: "Congress finds that - 
        "(1) telephone records can be of great use to criminals because
      the information contained in call logs may include a wealth of
      personal data;
        "(2) call logs may reveal the names of telephone users'
      doctors, public and private relationships, business associates,
      and more;
        "(3) call logs are typically maintained for the exclusive use
      of phone companies, their authorized agents, and authorized
      consumers;
        "(4) telephone records have been obtained without the knowledge
      or consent of consumers through the use of a number of fraudulent
      methods and devices that include - 
          "(A) telephone company employees selling data to unauthorized
        data brokers;
          "(B) 'pretexting', whereby a data broker or other person
        represents that they are an authorized consumer and convinces
        an agent of the telephone company to release the data; or
          "(C) gaining unauthorized Internet access to account data by
        improperly activating a consumer's account management features
        on a phone company's webpage or contracting with an Internet-
        based data broker who trafficks in such records; and
        "(5) the unauthorized disclosure of telephone records not only
      assaults individual privacy but, in some instances, may further
      acts of domestic violence or stalking, compromise the personal
      safety of law enforcement officers, their families, victims of
      crime, witnesses, or confidential informants, and undermine the
      integrity of law enforcement investigations."

-End-