620 
nection with the delivery of or payment for health 
care benefits, items, or services, 
shall be imprisoned not more than 5 years. 
‘‘§ 793. Entry by false pretenses to any real property, 
vessel, or aircraft of the United States or 
secure area of any airport or seaport 
‘‘(a) OFFENSE.—Whoever, by any fraud or false pre-
tense, enters— 
‘‘(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 sea-
port, designated as secure in an approved security 
plan, as required under section 70103 of title 46 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). 
‘‘(b) PUNISHMENT.—The punishment for an offense 
under subsection (a) is— 
‘‘(1) imprisonment for not more than 10 years, 
if the offense is committed with the intent to commit 
a felony; or 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00620
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
621 
‘‘(2) imprisonment for not more than 6 months, 
in any other case. 
‘‘(c) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘secure area’ means an area ac-
cess 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. 
‘‘§ 794. Fraud and related activity in connection with 
electronic mail 
‘‘(a) IN GENERAL.—Whoever, in or affecting inter-
state or foreign commerce, knowingly— 
‘‘(1) accesses a protected computer without au-
thorization, and intentionally initiates the trans-
mission of multiple commercial electronic mail mes-
sages from or through such computer, 
‘‘(2) uses a protected computer to relay or re-
transmit multiple commercial electronic mail mes-
sages, with the intent to deceive or mislead recipi-
ents, or any Internet access service, as to the origin 
of such messages, 
‘‘(3) materially falsifies header information in 
multiple commercial electronic mail messages and in-
tentionally initiates the transmission of such mes-
sages, 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00621
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
622 
‘‘(4) registers, using information that materially 
falsifies the identity of the actual registrant, for five 
or more electronic mail accounts or online user ac-
counts or two or more domain names, and inten-
tionally initiates the transmission of multiple com-
mercial electronic mail messages from any combina-
tion of such accounts or domain names, or 
‘‘(5) falsely represents oneself to be the reg-
istrant or the legitimate successor in interest to the 
registrant of 5 or more Internet Protocol addresses, 
and intentionally initiates the transmission of mul-
tiple commercial electronic mail messages from such 
addresses, 
shall be punished as provided in paragraph (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 further-
ance 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 787, or 
under the law of any State for conduct involv-
ing the transmission of multiple commercial 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00622
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
623 
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 sub-
section (a)(1); 
‘‘(B) the offense is an offense under sub-
section (a)(4) and involved 20 or more falsified 
electronic mail or online user account registra-
tions, or 10 or more falsified domain name reg-
istrations; 
‘‘(C) the volume of electronic mail mes-
sages 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 indi-
vidual 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 de-
fendant in concert with three or more other 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00623
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
624 
persons with respect to whom the defendant oc-
cupied 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) DEFINITIONS.—For the purposes of this sec-
tion— 
‘‘(1) the term ‘loss’ has the meaning given that 
term in section 787(d); 
‘‘(2) for purposes of paragraphs (3) and (4) of 
subsection (a), header information or registration in-
formation 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 recipi-
ent, a person alleging a violation of this section, or 
a law enforcement agency to identify, locate, or re-
spond to a person who initiated the electronic mail 
message or to investigate the alleged violation; 
‘‘(3) 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; and 
‘‘(4) any other term has the meaning given that 
term by section 3 of the CAN–SPAM Act of 2003. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00624
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
625 
‘‘§ 795. False information and hoaxes 
‘‘(a) CRIMINAL VIOLATION.— 
‘‘(1) IN
GENERAL.—Whoever engages in any 
conduct with intent to convey false or misleading in-
formation under circumstances where such informa-
tion may reasonably be believed and where such in-
formation indicates that an activity has taken, is 
taking, or will take place that would constitute a vio-
lation of subchapter A or D of chapter 33, sub-
chapter B of chapter 15, or subchapter B, D, E, or 
F of chapter 21 of this title, section 236 of the 
Atomic Energy Act of 1954, or section 46502, the 
second 
sentence 
of 
section 
46504, 
section 
46505(b)(3) or (c), section 46506 if homicide or at-
tempted homicide is involved, or section 60123(b) of 
title 49, shall— 
‘‘(A) be imprisoned not more than 5 years; 
‘‘(B) if serious bodily injury results, be im-
prisoned not more than 20 years; and 
‘‘(C) if death results, be imprisoned for 
any number of years up to life. 
‘‘(2) ARMED FORCES.—Whoever makes a false 
statement, with intent to convey false or misleading 
information, about the death, injury, capture, or dis-
appearance of a member of the Armed Forces of the 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00625
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
626 
United States during a war or armed conflict in 
which the United States is engaged— 
‘‘(A) shall be imprisoned not more than 5 
years; 
‘‘(B) if serious bodily injury results, shall 
be imprisoned not more than 20 years; and 
‘‘(C) if death results, shall be imprisoned 
for any number of years or for life. 
‘‘(b) CIVIL ACTION.—Whoever engages in any con-
duct with intent to convey false or misleading information 
under circumstances where such information may reason-
ably be believed and where such information indicates that 
an activity has taken, is taking, or will take place that 
would constitute a violation of subchapter A or D of chap-
ter 33, subchapter B of chapter 15, or subchapter B, D, 
E, or F of chapter 21 of this title, section 236 of the 
Atomic Energy Act of 1954, or section 46502, the second 
sentence of section 46504, section 46505(b)(3) or (c), sec-
tion 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 ex-
penses. 
‘‘(c) REIMBURSEMENT.— 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00626
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
627 
‘‘(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 de-
fendant 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 con-
duct, for those expenses. 
‘‘(2) LIABILITY.—A person ordered to make re-
imbursement under this subsection shall be jointly 
and severally liable for such expenses with each 
other person, if any, who is ordered to make reim-
bursement under this subsection for the same ex-
penses. 
‘‘(3) CIVIL
JUDGMENT.—An order of reim-
bursement under this subsection shall, for the pur-
poses of enforcement, be treated as a civil judgment. 
‘‘(d) ACTIVITIES OF LAW ENFORCEMENT.—This sec-
tion does not prohibit any lawfully authorized investiga-
tive, protective, or intelligence activity of a law enforce-
ment agency of the United States, a State, or political sub-
division of a State, or of an intelligence agency of the 
United States. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00627
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
628 
‘‘§ 796. Fraud and related activity in connection with 
obtaining confidential phone records in-
formation of a covered entity 
‘‘(a) CRIMINAL VIOLATION.—Whoever, in interstate 
or foreign commerce, knowingly and intentionally obtains, 
or attempts to obtain, confidential phone records informa-
tion 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 state-
ments 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 787, without prior authorization 
from the customer to whom such confidential phone 
records information relates; 
shall be imprisoned for not more than 10 years. 
‘‘(b) PROHIBITION ON SALE OR TRANSFER OF CON-
FIDENTIAL PHONE RECORDS INFORMATION.— 
‘‘(1) Except as otherwise permitted by applica-
ble law, whoever, in interstate or foreign commerce, 
knowingly and intentionally sells or transfers, or at-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00628
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
629 
tempts to sell or transfer, confidential phone records 
information of a covered entity, without prior au-
thorization from the customer to whom such con-
fidential phone records information relates, or know-
ing or having reason to know such information was 
obtained fraudulently, shall be imprisoned not more 
than 10 years. 
‘‘(2) For purposes of this subsection, the excep-
tions specified in section 222(d) of the Communica-
tions Act of 1934 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 applica-
ble 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 imprisoned not 
more than 10 years. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00629
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
630 
‘‘(2) For purposes of this subsection, the excep-
tions specified in section 222(d) of the Communica-
tions Act of 1934 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, sub-
section (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 impris-
oned for not more than 5 years. 
‘‘(e) ENHANCED PENALTIES FOR USE OF INFORMA-
TION
IN FURTHERANCE
OF CERTAIN CRIMINAL OF-
FENSES.— 
‘‘(1) Whoever, violates, or attempts to violate, 
subsection (a), (b), or (c) knowing that such infor-
mation may be used in furtherance of, or with the 
intent to commit, an offense described in section 161 
or any other crime of violence shall, in addition to 
the penalties provided for in such subsection, be im-
prisoned not more than 5 years. 
‘‘(2) Whoever, violates, or attempts to violate, 
subsection (a), (b), or (c) knowing that such infor-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00630
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
631 
mation may be used in furtherance of, or with the 
intent to commit, an offense under section 102, 112, 
131, 1132, 1137, or 1138, or to intimidate, threat-
en, harass, injure, or kill any Federal, State, or local 
law enforcement officer shall, in addition to the pen-
alties provided for in such subsection, be and impris-
oned not more than 5 years. 
‘‘(f) EXTRATERRITORIAL JURISDICTION.—There is 
extraterritorial jurisdiction over an offense under this sec-
tion. 
‘‘(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 INFOR-
MATION.—The term ‘confidential phone records in-
formation’ means information that— 
‘‘(A) relates to the quantity, technical con-
figuration, 
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 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00631
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
632 
covered entity solely by virtue of the relation-
ship between that covered entity and the cus-
tomer; 
‘‘(B) is made available to a covered entity 
by a customer solely by virtue of the relation-
ship between that covered entity and the cus-
tomer; 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 en-
tity’— 
‘‘(A) has the same meaning given the term 
‘telecommunications carrier’ in section 3 of the 
Communications Act of 1934; and 
‘‘(B) includes any provider of IP-enabled 
voice service. 
‘‘(3) CUSTOMER.—The term ‘customer’ means, 
with respect to a covered entity, any individual, part-
nership, association, joint stock company, trust, or 
corporation, or authorized representative of such 
customer, to whom the covered entity provides a 
product or service. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00632
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
633 
‘‘(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 prem-
ises equipment using TCP/IP protocol, or a suc-
cessor 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. 
‘‘SUBCHAPTER B—MAIL FRAUD 
‘‘Sec. 
‘‘801. Frauds and swindles. 
‘‘802. Fictitious name or address. 
‘‘803. Fraud by wire, radio, or television. 
‘‘804. Bank fraud. 
‘‘805. Definition of ‘scheme or artifice to defraud’. 
‘‘806. Health care fraud. 
‘‘807. Securities and commodities fraud. 
‘‘808. Failure of corporate officers to certify financial reports. 
‘‘§ 801. Frauds and swindles 
‘‘Whoever, having devised or intending to devise any 
scheme or artifice to defraud, or for obtaining money or 
property by means of false or fraudulent pretenses, rep-
resentations, or promises, or to sell, dispose of, loan, ex-
change, alter, give away, distribute, supply, or furnish or 
procure for unlawful use any counterfeit or spurious coin, 
obligation, security, or other article, or anything rep-
resented to be or intimated or held out to be such counter-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00633
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
634 
feit or spurious article, for the purpose of executing such 
scheme or artifice or attempting so to do, places in any 
post office or authorized depository for mail matter, any 
matter or thing whatever to be sent or delivered by the 
Postal Service, or deposits or causes to be deposited any 
matter or thing whatever to be sent or delivered by any 
private or commercial interstate carrier, or takes or re-
ceives therefrom, any such matter or thing, or knowingly 
causes to be delivered by mail or such carrier according 
to the direction thereon, or at the place at which it is di-
rected to be delivered by the person to whom it is ad-
dressed, any such matter or thing, shall be imprisoned not 
more than 20 years. If the violation occurs in relation to, 
or involving any benefit authorized, transported, trans-
mitted, transferred, disbursed, or paid in connection with, 
a presidentially declared major disaster or emergency (as 
those terms are defined in section 102 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act), 
or affects a financial institution, such person shall be im-
prisoned not more than 30 years. 
‘‘§ 802. Fictitious name or address 
‘‘Whoever, for the purpose of conducting, promoting, 
or carrying on by means of the Postal Service, any scheme 
or device mentioned in section 801 or any other unlawful 
business, uses or assumes, or requests to be addressed by, 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00634
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
635 
any fictitious, false, or assumed title, name, or address 
or name other than his own proper name, or takes or re-
ceives from any post office or authorized depository of 
mail matter, any letter, postal card, package, or other mail 
matter addressed to any such fictitious, false, or assumed 
title, name, or address, or name other than his or her own 
proper name, shall be imprisoned not more than five years. 
‘‘§ 803. Fraud by wire, radio, or television 
‘‘Whoever, having devised or intending to devise any 
scheme or artifice to defraud, or for obtaining money or 
property by means of false or fraudulent pretenses, rep-
resentations, or promises, transmits or causes to be trans-
mitted by means of wire, radio, or television communica-
tion in interstate or foreign commerce, any writings, signs, 
signals, pictures, or sounds for the purpose of executing 
such scheme or artifice, shall be imprisoned not more than 
20 years. If the violation occurs in relation to, or involving 
any benefit authorized, transported, transmitted, trans-
ferred, disbursed, or paid in connection with, a presi-
dentially declared major disaster or emergency (as those 
terms are defined in section 102 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act), or affects 
a financial institution, such person shall be imprisoned not 
more than 30 years. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00635
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
636 
‘‘§ 804. Bank fraud 
‘‘Whoever knowingly executes, a scheme or artifice— 
‘‘(1) to defraud a financial institution; or 
‘‘(2) to obtain any of the moneys, funds, cred-
its, assets, securities, or other property owned by, or 
under the custody or control of, a financial institu-
tion, by means of false or fraudulent pretenses, rep-
resentations, or promises; 
shall be imprisoned not more than 30 years. 
‘‘§ 805. Definition of ‘scheme or artifice to defraud’ 
‘‘For the purposes of this subchapter, the term 
‘scheme or artifice to defraud’ includes a scheme or arti-
fice to deprive another of the intangible right of honest 
services. 
‘‘§ 806. Health care fraud 
‘‘Whoever knowingly executes a scheme or artifice— 
‘‘(1) to defraud any health care benefit pro-
gram; or 
‘‘(2) to obtain, by means of false or fraudulent 
pretenses, representations, or promises, any of the 
money or property owned by, or under the custody 
or control of, any health care benefit program, 
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 10 years, or both. If 
the violation results in serious bodily injury, such person 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00636
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
637 
shall be imprisoned not more than 20 years, and if the 
violation results in death, such person shall be imprisoned 
for any term of years or for life. 
‘‘§ 807. Securities and commodities fraud 
‘‘Whoever knowingly executes a scheme or artifice— 
‘‘(1) to defraud any person in connection with 
any commodity for future delivery, or any option on 
a commodity for future delivery, or any security of 
an issuer with a class of securities registered under 
section 12 of the Securities Exchange Act of 1934 
or that is required to file reports under section 15(d) 
of the Securities Exchange Act of 1934; or 
‘‘(2) to obtain, by means of false or fraudulent 
pretenses, representations, or promises, any money 
or property in connection with the purchase or sale 
of any commodity for future delivery, or any option 
on a commodity for future delivery, or any security 
of an issuer with a class of securities registered 
under section 12 of the Securities Exchange Act of 
1934 or that is required to file reports under section 
15(d) of the Securities Exchange Act of 1934; 
shall be imprisoned not more than 25 years. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00637
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
638 
‘‘§ 808. Failure of corporate officers to certify finan-
cial reports 
‘‘(a) CERTIFICATION OF PERIODIC FINANCIAL RE-
PORTS.—Each periodic report containig financial state-
ments filed by an issuer with the Securities Exchange 
Commission pursuant to section 13(a) or 15(d) of the Se-
curities Exchange Act of 1934 shall be accompanied by 
a written statement by the chief executive officer and chief 
financial officer (or equivalent thereof) of the issuer. 
‘‘(b) CONTENT.—The statement required under sub-
section (a) shall certify that the periodic report containing 
the financial statements fully complies with the require-
ments of section 13(a) or 15(d) of the Securities Exchange 
Act of 1934 and that information contained in the periodic 
report fairly presents, in all material respects, the finan-
cial condition and results of operations of the issuer. 
‘‘(c) CRIMINAL PENALTIES.—Whoever knowingly— 
‘‘(1) certifies any statement as set forth in sub-
sections (a) and (b) knowing that the periodic report 
accompanying the statement does not comport with 
all the requirements set forth in this section shall be 
imprisoned not more than 10 years; or 
‘‘(2) certifies any statement as set forth in sub-
sections (a) and (b) knowing that the periodic report 
accompanying the statement does not comport with 
all the requirements set forth in this section 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00638
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
639 
shall be imprisoned not more than 20 years. 
‘‘CHAPTER 27—CRIMES RELATED TO FED-
ERAL 
GOVERNMENT 
RESPONSIBIL-
ITIES 
‘‘Subchapter 
‘‘A. Coins and currency 
‘‘B. Customs 
‘‘C. Indians 
‘‘D. Bankruptcy 
‘‘E. Civil rights 
‘‘F. Foreign relations 
‘‘G. Postal service 
‘‘H. Special maritime and territorial jurisdiction of the United States 
‘‘SUBCHAPTER A—COINS AND CURRENCY 
‘‘Sec. 
‘‘851. Mutilation, diminution, and falsification of coins. 
‘‘852. Mutilation of national bank obligations. 
‘‘§ 851. Mutilation, diminution, and falsification of 
coins 
‘‘Whoever— 
‘‘(1) fraudulently alters, defaces, mutilates, im-
pairs, diminishes, falsifies, scales, or lightens any of 
the coins coined at the mints of the United States, 
or any foreign coins which are by law made current 
or are in actual use or circulation as money within 
the United States; or 
‘‘(2) fraudulently possesses, passes, utters, pub-
lishes, or sells, or attempts to pass, utter, publish, 
or sell, or brings into the United States, any such 
coin, knowing the same to be altered, defaced, muti-
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00639
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
640 
lated, impaired, diminished, falsified, scaled, or 
lightened; 
shall be imprisoned not more than five years. 
‘‘§ 852. Mutilation of national bank obligations 
‘‘Whoever mutilates, cuts, defaces, disfigures, or per-
forates, or unites or cements together, or does any other 
thing to any bank bill, draft, note, or other evidence of 
debt issued by any national banking association, or Fed-
eral Reserve bank, or the Federal Reserve System, with 
intent to render such bank bill, draft, note, or other evi-
dence of debt unfit to be reissued, shall be imprisoned not 
more than six months. 
‘‘SUBCHAPTER B—CUSTOMS 
‘‘Sec. 
‘‘861. Entry of goods falsely classified. 
‘‘862. Entry of goods by means of false statements. 
‘‘863. Smuggling goods into the United States. 
‘‘864. Smuggling goods into foreign countries. 
‘‘865. Removing goods from Customs custody; breaking seals. 
‘‘866. Importation or exportation of stolen motor vehicles, off-highway mobile 
equipment, vessels, or aircraft. 
‘‘867. Smuggling goods from the United States. 
‘‘868. Border tunnels and passages. 
‘‘§ 861. Entry of goods falsely classified 
‘‘Whoever knowingly effects any entry of goods, 
wares, or merchandise, at less than the true weight or 
measure thereof, or upon a false classification as to quality 
or value, or by the payment of less than the amount of 
duty legally due, shall be imprisoned not more than two 
years. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00640
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
641 
‘‘§ 862. Entry of goods by means of false statements 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) enters or introduces, or attempts to enter 
or introduce, into the commerce of the United States 
any imported merchandise by means of any fraudu-
lent or false invoice, declaration, affidavit, letter, 
paper, or by means of any false statement, written 
or verbal, or by means of any false or fraudulent 
practice or appliance, or makes any false statement 
in any declaration without reasonable cause to be-
lieve the truth of such statement, or procures the 
making of any such false statement as to any matter 
material thereto without reasonable cause to believe 
the truth of such statement, whether or not the 
United States shall or may be deprived of any lawful 
duties; or 
‘‘(2) knowingly engages in an act or omission 
whereby the United States is or may be deprived of 
any lawful duties accruing upon merchandise em-
braced or referred to in such invoice, declaration, af-
fidavit, letter, paper, or statement, or affected by 
such act or omission; 
shall be imprisoned not more than two years. 
‘‘(b) DEFINITION.—As used in this section, the term 
‘commerce of the United States’ does not include com-
merce with Virgin Islands, American Samoa, Wake Island, 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00641
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
642 
Midway Islands, Kingman Reef, Johnston Island, or 
Guam. 
‘‘§ 863. Smuggling goods into the United States 
‘‘(a) OFFENSE.—Whoever— 
‘‘(1) knowingly and with intent to defraud the 
United States, smuggles, or clandestinely introduces 
or attempts to smuggle or clandestinely introduce 
into the United States any merchandise which 
should have been invoiced, or makes out or passes, 
or attempts to pass, through the customhouse any 
false, forged, or fraudulent invoice, or other docu-
ment or paper; or 
‘‘(2) fraudulently or knowingly imports or 
brings into the United States, any merchandise con-
trary to law, or receives, conceals, buys, sells, or in 
any manner facilitates the transportation, conceal-
ment, or sale of such merchandise after importation, 
knowing the same to have been imported or brought 
into the United States contrary to law; 
shall be imprisoned not more than 20 years. 
‘‘(b) FORFEITURE.—Merchandise introduced into the 
United States in violation of this section, or the value 
thereof, to be recovered from any person described in sub-
section (a), shall be forfeited to the United States. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00642
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
643 
‘‘(c) DEFINITION.—The term ‘United States’, as 
used in this section, does not include Virgin Islands, 
American Samoa, Wake Island, Midway Islands, Kingman 
Reef, Johnston Island, or Guam. 
‘‘§ 864. Smuggling goods into foreign countries 
‘‘(a) OFFENSE.—Whoever, owning in whole or in part 
any vessel of the United States, employs, or participates 
in, or allows the employment of, such vessel for the pur-
pose of smuggling, or attempting to smuggle, or assisting 
in smuggling, any merchandise into the territory of any 
foreign government in violation of the laws there in force, 
if under the laws of such foreign government any penalty 
or forfeiture is provided for violation of the laws of the 
United States respecting the customs revenue, and any 
citizen of, or person domiciled in, or any corporation incor-
porated in, the United States, controlling or substantially 
participating in the control of any such vessel, directly or 
indirectly, whether through ownership of corporate shares 
or otherwise, and allowing the employment of said vessel 
for any such purpose, and any person found, or discovered 
to have been, on board of any such vessel so employed 
and participating or assisting in any such purpose, shall 
be imprisoned not more than two years. 
‘‘(b) HIRING OR CHARTERING OF VESSELS.—It shall 
constitute an offense under this section to hire out or 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00643
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
644 
charter a vessel if the lessor or charterer has knowledge 
or reasonable grounds for belief that the lessee or person 
chartering the vessel intends to employ such vessel for any 
of the purposes described in this section and if such vessel 
is, during the time such lease or charter is in effect, em-
ployed for any such purpose. 
‘‘§ 865. Removing goods from Customs custody; break-
ing seals 
‘‘Whoever knowingly— 
‘‘(1) without authority, affixes or attaches a 
customs seal, fastening, or mark, or any seal, fas-
tening, or mark purporting to be a customs seal, fas-
tening, or mark to any vessel, vehicle, warehouse, or 
package; 
‘‘(2) without authority, removes, breaks, in-
jures, or defaces any customs seal or other fastening 
or mark placed upon any vessel, vehicle, warehouse, 
or package containing merchandise or baggage in 
bond or in customs custody; 
‘‘(3) enters any bonded warehouse or any vessel 
or vehicle laden with or containing bonded merchan-
dise with intent unlawfully to remove therefrom any 
merchandise or baggage therein, or unlawfully re-
moves any merchandise or baggage in such vessel, 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00644
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
645 
vehicle, or bonded warehouse or otherwise in cus-
toms custody or control; or 
‘‘(4) receives or transports any merchandise or 
baggage unlawfully removed from any such vessel, 
vehicle, or warehouse, knowing the same to have 
been unlawfully removed; 
shall be imprisoned not more than 10 years. 
‘‘§ 866. Importation or exportation of stolen motor ve-
hicles, off-highway mobile equipment, 
vessels, or aircraft 
‘‘(a) OFFENSE.—Whoever knowingly imports, ex-
ports, or attempts to import or export— 
‘‘(1) any motor vehicle, off-highway mobile 
equipment, vessel, aircraft, or part of any motor ve-
hicle, off-highway mobile equipment, vessel, or air-
craft, knowing the same to have been stolen; or 
‘‘(2) any motor vehicle or off-highway mobile 
equipment or part of any motor vehicle or off-high-
way mobile equipment, knowing that the identifica-
tion number of such motor vehicle, equipment, or 
part has been removed, obliterated, tampered with, 
or altered; 
shall be imprisoned not more than 10 years. 
‘‘(b) EXCLUSION.—Subsection (a)(2) does not apply 
if the removal, obliteration, tampering, or alteration— 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00645
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
646 
‘‘(1) is caused by collision or fire; or 
‘‘(2)(A) in the case of a motor vehicle, is not a 
violation of section 717 (relating to altering or re-
moving motor vehicle identification numbers); or 
‘‘(B) in the case of off-highway mobile equip-
ment, would not be a violation of section 717 if such 
equipment were a motor vehicle. 
‘‘(c) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘motor vehicle’ has the meaning 
given that term in section 32101 of title 49; 
‘‘(2) the term ‘off-highway mobile equipment’ 
means any self-propelled agricultural equipment, 
self-propelled construction equipment, and self-pro-
pelled special use equipment, used or designed for 
running on land but not on rail or highway; 
‘‘(3) the term ‘vessel’ has the meaning given 
that term in section 401 of the Tariff Act of 1930; 
‘‘(4) the term ‘aircraft’ has the meaning given 
that term in section 40102(a) of title 49; and 
‘‘(5) the term ‘identification number’— 
‘‘(A) in the case of a motor vehicle, has the 
meaning given that term in section 717; and 
‘‘(B) in the case of any other vehicle or 
equipment covered by this section, means a 
number or symbol assigned to the vehicle or 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00646
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
647 
equipment, or part thereof, by the manufac-
turer primarily for the purpose of identifying 
such vehicle, equipment, or part. 
‘‘§ 867. Smuggling goods from the United States 
‘‘(a) OFFENSE.—Whoever fraudulently or knowingly 
exports or sends from the United States any merchandise, 
article, or object contrary to any law or regulation of the 
United States, or receives, conceals, buys, sells, or in any 
manner facilitates the transportation, concealment, or sale 
of such merchandise, article or object, prior to exportation, 
knowing the same to be intended for exportation contrary 
to any law or regulation of the United States, shall be 
imprisoned not more than 10 years. 
‘‘(b) DEFINITION.—As used in this section, the term 
‘United States’ has the meaning given that term in section 
863. 
‘‘§ 868. Border tunnels and passages 
‘‘(a) 
CONSTRUCTION.—Whoever 
knowingly 
con-
structs or finances the construction of a tunnel or sub-
terranean passage that crosses the international border 
between the United States and another country, other 
than a lawfully authorized tunnel or passage known to the 
Secretary of Homeland Security and subject to inspection 
by Immigration and Customs Enforcement, shall be im-
prisoned for not more than 20 years. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00647
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
648 
‘‘(b) 
DISREGARDING
CONSTRUCTION.—Whoever 
knows or recklessly disregards the construction or use of 
a tunnel or passage described in subsection (a) on land 
that the person owns or controls shall be imprisoned for 
not more than 10 years. 
‘‘(c) USE.— 
‘‘(1) OFFENSE.—Whoever uses a tunnel or pas-
sage described in subsection (a) to unlawfully smug-
gle an alien, goods (in violation of section 863), con-
trolled substances, weapons of mass destruction (in-
cluding biological weapons), or a member of a ter-
rorist organization shall be subject to a maximum 
term of imprisonment that is twice the maximum 
term of imprisonment that would have otherwise 
been applicable had the unlawful activity not made 
use of such a tunnel or passage. 
‘‘(2) DEFINITION.—As used in this subsection, 
the term ‘terrorist organization’ means an organiza-
tion designated as a terrorist organization under sec-
tion 219 of the Immigration and Nationality Act. 
‘‘SUBCHAPTER C—INDIANS 
‘‘Sec. 
‘‘871. Indian country defined. 
‘‘872. Laws governing. 
‘‘873. Offenses committed within Indian country. 
‘‘874. State jurisdiction over offenses committed by or against Indians in the 
Indian country. 
‘‘875. Embezzlement and theft from Indian Tribal organizations. 
‘‘876. Theft from gaming establishments on Indian lands. 
‘‘877. Theft by officers or employees of gaming establishments on Indian lands. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00648
Fmt 6652
Sfmt 6211
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS
649 
‘‘878. Reporting of child abuse. 
‘‘879. Illegal trafficking in Native American human remains and cultural items. 
‘‘§ 871. Indian country defined 
‘‘The term ‘Indian country’, as used in this sub-
chapter, means— 
‘‘(1) all land within the limits of any Indian 
reservation under the jurisdiction of the United 
States Government, notwithstanding the issuance of 
any patent, and, including rights-of-way running 
through the reservation; 
‘‘(2) all dependent Indian communities within 
the borders of the United States whether within the 
original or subsequently acquired territory thereof, 
and whether within or without the limits of a State; 
and 
‘‘(3) all Indian allotments, the Indian titles to 
which have not been extinguished, including rights- 
of-way running through the same. 
‘‘§ 872. Laws governing 
‘‘(a) GENERALLY.—Except as otherwise expressly 
provided by law, the general laws of the United States as 
to the punishment of offenses committed in any place 
within the sole and exclusive jurisdiction of the United 
States, except the District of Columbia, shall extend to 
the Indian country. 
VerDate Mar 15 2010 
02:47 May 18, 2011
Jkt 099200
PO 00000
Frm 00649
Fmt 6652
Sfmt 6201
E:\BILLS\H1823.IH
H1823
rfrederick on DSKD9S0YB1PROD with BILLS