§ 1004. — Certification of checks.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1004]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 47--FRAUD AND FALSE STATEMENTS
Sec. 1004. Certification of checks
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.
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\1\ See References in Text note below.
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(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.)
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.
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.
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''.
