§ 25a. — Participation by national banks in lotteries and related activities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC25a]
TITLE 12--BANKS AND BANKING
CHAPTER 2--NATIONAL BANKS
SUBCHAPTER I--ORGANIZATION AND GENERAL PROVISIONS
Sec. 25a. Participation by national banks in lotteries and
related activities
(a) Prohibited activities
A national bank may not--
(1) deal in lottery tickets;
(2) deal in bets used as a means or substitute for participation
in a lottery;
(3) announce, advertise, or publicize the existence of any
lottery;
(4) announce, advertise, or publicize the existence or identity
of any participant or winner, as such, in a lottery.
(b) Use of banking premises prohibited
A national bank may not permit--
(1) the use of any part of any of its banking offices by any
persons for any purpose forbidden to the bank under subsection (a)
of this section, or
(2) direct access by the public from any of its banking offices
to any premises used by any person for any purpose forbidden to the
bank under subsection (a) of this section.
(c) Definitions
As used in this section--
(1) The term ``deal in'' includes making, taking, buying,
selling, redeeming, or collecting.
(2) The term ``lottery'' includes any arrangement whereby three
or more persons (the ``participants'') advance money or credit to
another in exchange for the possibility or expectation that one or
more but not all of the participants (the ``winners'') will receive
by reason of their advances more than the amounts they have
advanced, the identity of the winners being determined by any means
which includes--
(A) a random selection;
(B) a game, race, or contest; or
(C) any record or tabulation of the result of one or more
events in which any participant has no interest except for its
bearing upon the possibility that he may become a winner.
(3) The term ``lottery ticket'' includes any right, privilege,
or possibility (and any ticket, receipt, record, or other evidence
of any such right, privilege, or possibility) of becoming a winner
in a lottery.
(d) Lawful banking services connected with operation of lotteries
Nothing contained in this section prohibits a national bank from
accepting deposits or cashing or otherwise handling checks or other
negotiable instruments, or performing other lawful banking services for
a State operating a lottery, or for an officer or employee of that State
who is charged with the administration of the lottery.
(e) Regulations; enforcement
The Comptroller of the Currency shall issue such regulations as may
be necessary to the strict enforcement of this section and the
prevention of evasions thereof.
(R.S. Sec. 5136B, formerly Sec. 5136A, as added Pub. L. 90-203,
Sec. 1(a), Dec. 15, 1967, 81 Stat. 608; renumbered R.S. Sec. 5136B, Pub.
L. 106-102, title I, Sec. 121(a)(1), Nov. 12, 1999, 113 Stat. 1373.)
Effective Date
Section 6 of Pub. L. 90-203 provided that: ``The amendments made by
this Act [adding this section, sections 339, 1730c, and 1829a of this
title, and section 1306 of Title 18, Crimes and Criminal Procedure]
shall take effect on April 1, 1968.''
Section Referred to in Other Sections
This section is referred to in title 18 section 1306.
