§ 1005. — Bank entries, reports and transactions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1005]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 47--FRAUD AND FALSE STATEMENTS
Sec. 1005. Bank entries, reports and transactions
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
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\1\ See References in Text note below.
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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.
(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.)
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.
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.
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''.
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.
Section Referred to in Other Sections
This section is referred to in sections 225, 981, 982, 1510, 1956,
3293, 3322 of this title; title 12 sections 324, 503, 1785, 1786, 1821,
1828, 1829, 1831k, 1833a, 1847.
