§ 1006. — Federal credit institution 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: 18USC1006]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 47--FRAUD AND FALSE STATEMENTS
Sec. 1006. Federal credit institution entries, reports and
transactions
Whoever, being an officer, agent or employee of or connected in any
capacity with the Federal Deposit Insurance Corporation, National Credit
Union Administration, Office of Thrift Supervision, any Federal home
loan bank, the Federal Housing Finance Board, the Resolution Trust
Corporation, Farm Credit Administration, Department of Housing and Urban
Development, Federal Crop Insurance Corporation, the Secretary of
Agriculture acting through the Farmers Home Administration or successor
agency, the Rural Development Administration or successor agency, or the
Farm Credit System Insurance Corporation, a Farm Credit Bank, a bank for
cooperatives or any lending, mortgage, insurance, credit or savings and
loan corporation or association authorized or acting under the laws of
the United States or any institution, other than an insured bank (as
defined in section 656), the accounts of which are insured by the
Federal Deposit Insurance Corporation, or by the National Credit Union
Administration Board or any small business investment company, with
intent to defraud any such institution or any other company, body
politic or corporate, or any individual, or to deceive any officer,
auditor, examiner or agent of any such institution or of department or
agency of the United States, makes any false entry in any book, report
or statement of or to any such institution, or without being duly
authorized, draws any order or bill of exchange, makes any acceptance,
or issues, puts forth or assigns any note, debenture, bond or other
obligation, or draft, bill of exchange, mortgage, judgment, or decree,
or, with intent to defraud the United States or any agency thereof, or
any corporation, institution, or association 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 corporation,
institution, or association, shall be fined not more than $1,000,000 or
imprisoned not more than 30 years, or both.
(June 25, 1948, ch. 645, 62 Stat. 750; May 24, 1949, ch. 139, Sec. 20,
63 Stat. 92; July 28, 1956, ch. 773, Sec. 2, 70 Stat. 714; Pub. L. 85-
699, title VII, Sec. 704, Aug. 21, 1958, 72 Stat. 698; Pub. L. 87-353,
Sec. 3(s), Oct. 4, 1961, 75 Stat. 774; Pub. L. 90-19, Sec. 24(a), May
25, 1967, 81 Stat. 27; Pub. L. 91-468, Sec. 6, Oct. 19, 1970, 84 Stat.
1016; Pub. L. 101-73, title IX, Secs. 961(e), 962(a)(7), (8)(A), Aug. 9,
1989, 103 Stat. 500, 502; Pub. L. 101-624, title XXIII, Sec. 2303(e),
Nov. 28, 1990, 104 Stat. 3981; Pub. L. 101-647, title XVI, Sec. 1603,
title XXV, Secs. 2504(e), 2595(a)(4), Nov. 29, 1990, 104 Stat. 4843,
4861, 4907; Pub. L. 103-322, title XXXIII, Sec. 330004(6), Sept. 13,
1994, 108 Stat. 2141; Pub. L. 106-78, title VII, Sec. 767, Oct. 22,
1999, 113 Stat. 1174.)
Historical and Revision Notes
1948 Act
Based on sections 1026(b) and 1514(c) of title 7, U.S.C., 1940 ed.,
Agriculture, sections 264(u), 984, 1121, 1138d(c), 1311, 1441(c),
1467(c) and 1731(c) of title 12, U.S.C., 1940 ed., Banks and Banking,
and section 616(c) of title 15, U.S.C., 1940 ed., Commerce and Trade
(Dec. 23, 1913, ch. 6, Sec. 12B(u), as added June 16, 1933, ch. 89,
Sec. 8, 48 Stat. 178; July 17, 1916, ch. 245, Sec. 31, fourth par., 39
Stat. 383; July 17, 1916, ch. 245, Sec. 211(a), as added Mar. 4, 1923,
ch. 252, Sec. 2, 42 Stat. 1459; Mar. 4, 1923, ch. 252, title II,
Sec. 216(a), 42 Stat. 1471; Jan. 22, 1932, ch. 8, Sec. 16(c), 47 Stat.
11; July 22, 1932, ch. 522, Sec. 21(c), 47 Stat. 738; Ex. Ord. No. 6084,
Mar. 27, 1933; June 13, 1933, ch. 64, Sec. 8(c), 48 Stat. 135; June 16,
1933, ch. 98, Sec. 64(c), 48 Stat. 268; Jan. 31, 1934, ch. 7, Sec. 13,
48 Stat. 347; June 27, 1934, ch. 847, Sec. 512(c), 48 Stat. 1265; Aug.
23, 1935, ch. 614, Sec. 101, 49 Stat. 701; July 22, 1937, ch. 517, title
IV, Sec. 52(b), 50 Stat. 532; Feb. 16, 1938, ch. 30, title V,
Sec. 514(c), 52 Stat. 76; Aug. 14, 1946, ch. 964, Sec. 3, 60 Stat.
1064).
Each of the eleven sections from which this section was derived
contained similar provisions relating to embezzlement, false entries,
and fraudulent issuance or assignment of obligations with respect to one
or more named agencies or corporations.
These were divided and the false entry and fraudulent issuance or
assignment of obligation provisions of all, form the basis of this
section. The remaining provisions of each section, relating to
embezzlement and misapplication, form the basis for section 657 of this
title. That portion of said section 616(c) of title 15, relating to
disclosure of information, forms the basis for section 1904 of this
title.
Each revised section condenses and simplifies the constituent
provisions without change of substance except as herein indicated.
The punishment provisions in each section were the same except that
in section 1026(b) of title 7, U.S.C., 1940 ed., and sections 984, 1121,
and 1311 of title 12, U.S.C., 1940 ed., the maximum fine was $5,000.
This consolidated section adopts the $10,000 maximum fine provided by
the seven other sections.
References to persons aiding or abetting contained in sections 984,
1121, and 1311 of title 12, U.S.C., 1940 ed., were omitted as
unnecessary, as such persons are made principals by section 2 of this
title.
The term ``receiver,'' used in sections 1121 and 1311 of title 12,
U.S.C., 1940 ed., with reference to Federal intermediate credit banks
and agricultural credit corporations, was omitted as this term is
undoubtedly embraced in the phrase ``or connected in any capacity
with.''
The term ``or of any department or agency of the United States'' was
inserted in order to clarify the sweeping provisions against fraudulent
acts and to eliminate any possible ambiguity as to scope of section.
(See definitions of ``department'' and ``agency'' in section 6 of this
title.)
Words ``shall be deemed guilty of a misdemeanor'', contained in
section 1311 of title 12, U.S.C., 1940 ed., were omitted as unnecessary,
in view of definition of misdemeanor in section 1 of this title.
Words ``and upon conviction'', contained in section 1311 of title
12, U.S.C., 1940 ed., were omitted as surplusage, because punishment
cannot be imposed until after conviction.
Words ``in any district court of the United States'', contained in
section 1311 of title 12, U.S.C., 1940 ed., were omitted as unnecessary,
because section 3231 of this title confers jurisdiction on the Federal
district courts of all crimes and offenses defined in this title.
The conspiracy provisions of section 1138d(f) of title 12, U.S.C.,
1940 ed., Banks and Banking, were not added to this consolidated section
for reasons stated in reviser's note under section 493 of this title.
(See also reviser's note under section 371 of this title.)
1949 Act
[Section 20] conforms section 1006 of title 18, U.S.C., to
administrative practice which in turn was modified to comply with
congressional policy. (See note to sec. 11 [of 1949 Act, set out in
Historical and Revision Notes under section 657 of this title]).
Amendments
1999--Pub. L. 106-78 inserted ``or successor agency'' after
``Farmers Home Administration'' and after ``Rural Development
Administration''.
1994--Pub. L. 103-322 struck out ``Reconstruction Finance
Corporation,'' after ``in any capacity with the'' and ``Farmers' Home
Corporation,'' after ``Federal Crop Insurance Corporation,''.
1990--Pub. L. 101-647, Sec. 2595(a)(4), substituted ``Office of
Thrift Supervision, any Federal home loan bank, the Federal Housing
Finance Board, the Resolution Trust Corporation,'' for ``Home Owners'
Loan Corporation,'', and directed substitution of ``institution, other
than an insured bank (as defined in section 656), the accounts of which
are insured by the Federal Deposit Insurance Corporation'', for
``institution the accounts of which are insured by the Federal Savings
and Loan Insurance Corporation'' which was executed by making the
substitution for ``institution the accounts of which are insured by the
Federal Deposit Insurance Corporation'' to reflect the probable intent
of Congress and intervening amendment by Pub. L. 101-647, Sec. 1603, see
below.
Pub. L. 101-647, Sec. 2504(e), substituted ``30'' for ``20'' before
``years''.
Pub. L. 101-647, Sec. 1603, substituted ``Federal Deposit Insurance
Corporation'' for ``Federal Savings and Loan Insurance Corporation''.
Pub. L. 101-624 substituted ``Farmers Home Administration, the Rural
Development Administration'' for ``Farmers' Home Administration''.
1989--Pub. L. 101-73, Sec. 962(a)(8)(A), substituted ``the Farm
Credit System Insurance Corporation, a Farm Credit Bank, a'' for ``any
land bank, intermediate credit bank,''.
Pub. L. 101-73, Sec. 962(a)(7), substituted ``National Credit Union
Administration Board'' for ``Administrator of the National Credit Union
Administration''.
Pub. L. 101-73, Sec. 961(e), substituted ``$1,000,000'' for
``$10,000'' and ``20 years'' for ``five years''.
1970--Pub. L. 91-468 added National Credit Union Administration and
its Administrator to the enumeration of Federal Credit institutions and
personnel.
1967--Pub. L. 90-19 substituted ``Department of Housing and Urban
Development'' for ``Federal Housing Administration''.
1961--Pub. L. 87-353 struck out reference to Federal Farm Mortgage
Corporation.
1958--Pub. L. 85-699 included officers, agents or employees of or
connected in any capacity with small business investment companies.
1956--Act July 28, 1956, included officers, agents or employees of
or connected in any capacity with any institution the accounts of which
are insured by the Federal Savings and Loan Insurance Corporation.
1949--Act May 24, 1949, inserted reference Secretary of Agriculture
acting through the Farmers' Home Administration.
Exceptions From Transfer of Functions
Functions of Corporations of Department of Agriculture, boards of
directors and officers of such corporations, Advisory Board of Commodity
Credit Corporation, and Farm Credit Administration or any agency,
officer or entity of, under, or subject to supervision of said
Administration excepted from functions of officers, agencies, and
employees transferred to Secretary of Agriculture by Reorg. Plan No. 2
of 1953, Sec. 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out
in the Appendix to Title 5, Government Organization and Employees.
National Credit Union Administration
Establishment as independent agency, membership etc., see section
1752 et seq. of Title 12, Banks and Banking.
Farm Credit Administration
Establishment of Farm Credit Administration as independent agency,
and other changes in status, function, etc., see Ex. Ord. No. 6084, set
out prec. section 2241 of Title 12, Banks and Banking. See also section
2001 et seq. of Title 12.
Section Referred to in Other Sections
This section is referred to in sections 225, 981, 982, 1510, 1956,
3056, 3293, 3322 of this title; title 12 sections 1785, 1786, 1787,
1821, 1828, 1829, 1831k, 1833a, 2277a-10b.
