§ 714m. — Crimes and offenses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC714m]
TITLE 15--COMMERCE AND TRADE
CHAPTER 15--ECONOMIC RECOVERY
SUBCHAPTER II--COMMODITY CREDIT CORPORATION
Sec. 714m. Crimes and offenses
(a) False statements; overvaluation of securities
Whoever makes any statement knowing it to be false, or whoever
willfully overvalues any security, for the purpose of influencing in any
way the action of the Corporation, or for the purpose of obtaining for
himself or another, money, property, or anything of value, under this
subchapter, or under any other Act applicable to the Corporation, shall,
upon conviction thereof, be punished by a fine of not more than $10,000
or by imprisonment by not more than five years, or both.
(b) Embezzlement, etc.; false entries; fraudulent issue of obligations
of Corporation
Whoever, being connected in any capacity with the Corporation or any
of its programs, (i) embezzles, abstracts, purloins, or willfully
misapplies any money, funds, securities, or other things of value,
whether belonging to the Corporation or pledged or otherwise entrusted
to it; or (ii) with intent to defraud the Corporation, or any other
body, politic or corporate, or any individual, or to deceive any
officer, auditor, or examiner of the Corporation, makes any false entry
in any book, report, or statement of, or to, the Corporation, or draws
any order, or issues, puts forth or assigns any note or other obligation
or draft, mortgage, judgment, or decree thereof; or (iii) with intent to
defraud the Corporation, 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 the
Corporation, shall, upon conviction thereof, be punished by a fine of
not more than $10,000 or by imprisonment for not more than five years,
or both.
(c) Larceny; conversion of property
Whoever shall willfully steal, conceal, remove, dispose of, or
convert to his own use or to that of another any property owned or held
by, or mortgaged or pledged to, the Corporation, or any property
mortgaged or pledged as security for any promissory note, or other
evidence of indebtedness, which the Corporation has guaranteed or is
obligated to purchase upon tender, shall, upon conviction thereof, if
such property be of an amount or value in excess of $500, be punished by
a fine of not more than $10,000 or by imprisonment for not more than
five years, or both, and, if such property be of an amount or value of
$500 or less, be punished by a fine of not more than $1,000 or by
imprisonment for not more than one year, or both.
(d) Conspiracy to commit offense
Whoever conspires with another to accomplish any of the acts made
unlawful by the preceding provisions of this section shall, upon
conviction thereof, be subject to the same fine or imprisonment, or
both, as is applicable in the case of conviction for doing such unlawful
acts.
(e) General statutes applicable
All the general penal statutes relating to crimes and offenses
against the United States shall apply with respect to the Corporation,
its property, money, contracts and agreements, employees, and
operations: Provided, That such general penal statutes shall not apply
to the extent that they relate to crimes and offenses punishable under
subsections (a), (b), (c), and (d) of this section: Provided further,
That sections 431 and 432 of title 18 shall not apply to contracts or
agreements of a kind which the Corporation may enter into with farmers
participating in a program of the Corporation.
(f) Use of words ``Commodity Credit Corporation''
No individual, association, partnership, or corporation shall use
the words ``Commodity Credit Corporation'' or any combination of the
same, as the name or a part thereof under which he or it shall do or
purport to do business. Every individual, partnership, association, or
corporation violating this prohibition shall be guilty of a misdemeanor
and shall be punished by a fine of not more than $1,000 or by
imprisonment for not more than one year, or both.
(June 29, 1948, ch. 704, Sec. 15, 62 Stat. 1074; June 7, 1949, ch. 175,
Sec. 6, 63 Stat. 157; Aug. 1, 1956, ch. 815, Sec. 2, 70 Stat. 783.)
Codification
In subsec. (e), ``sections 431 and 432 of title 18'' substituted for
``sections 114 and 115 of the Act of March 4, 1909, as amended (18
U.S.C., 1940 edition, 204, 205)'' on authority of act June 25, 1948, ch.
645, 62 Stat. 683, the first section of which enacted Title 18, Crimes
and Criminal Procedure.
Amendments
1956--Subsec. (c). Act Aug. 1, 1956, made it an offense to willfully
steal or convert property mortgaged or pledged to a lending agency under
a program of the Corporation and prescribed punishment not exceeding
$1,000 fine or one year imprisonment or both in the case of property of
an amount or value of $500 or less.
1949--Subsec. (f). Act June 7, 1949, added subsec. (f).
Exceptions From Transfer of Functions
For exception of functions of corporations of Department of
Agriculture from transfer of functions to Secretary of Agriculture by
Reorg. Plan No. 2 of 1953, see Exceptions From Transfer of Functions
note set out under section 712a of this title.
