[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1341]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 63--MAIL FRAUD
Sec. 1341. Frauds and swindles
Whoever, having devised or intending to devise any scheme or
artifice to defraud, or for obtaining money or property by means of
false or fraudulent pretenses, representations, or promises, or to sell,
dispose of, loan, exchange, alter, give away, distribute, supply, or
furnish or procure for unlawful use any counterfeit or spurious coin,
obligation, security, or other article, or anything represented to be or
intimated or held out to be such counterfeit or spurious article, for
the purpose of executing such scheme or artifice or attempting so to do,
places in any post office or authorized depository for mail matter, any
matter or thing whatever to be sent or delivered by the Postal Service,
or deposits or causes to be deposited any matter or thing whatever to be
sent or delivered by any private or commercial interstate carrier, or
takes or receives therefrom, any such matter or thing, or knowingly
causes to be delivered by mail or such carrier according to the
direction thereon, or at the place at which it is directed to be
delivered by the person to whom it is addressed, any such matter or
thing, shall be fined under this title or imprisoned not more than 20
years, or both. If the violation affects a financial institution, such
person 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. 763; May 24, 1949, ch. 139, Sec. 34,
63 Stat. 94; Pub. L. 91-375, Sec. (6)(j)(11), Aug. 12, 1970, 84 Stat.
778; Pub. L. 101-73, title IX, Sec. 961(i), Aug. 9, 1989, 103 Stat. 500;
Pub. L. 101-647, title XXV, Sec. 2504(h), Nov. 29, 1990, 104 Stat. 4861;
Pub. L. 103-322, title XXV, Sec. 250006, title XXXIII,
Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2087, 2147; Pub. L. 107-
204, title IX, Sec. 903(a), July 30, 2002, 116 Stat. 805.)
Historical and Revision Notes
1948 Act
Based on title 18, U.S.C., 1940 ed., Sec. 338 (Mar. 4, 1909, ch.
321, Sec. 215, 35 Stat. 1130).
The obsolete argot of the underworld was deleted as suggested by
Hon. Emerich B. Freed, United States district judge, in a paper read
before the 1944 Judicial Conference for the sixth circuit in which he
said:
A brief reference to Sec. 1341, which proposes to reenact the
present section covering the use of the mails to defraud. This section
is almost a page in length, is involved, and contains a great deal of
superfluous language, including such terms as ``sawdust swindle, green
articles, green coin, green goods and green cigars.'' This section could
be greatly simplified, and now-meaningless language eliminated.
The other surplusage was likewise eliminated and the section
simplified without change of meaning.
A reference to causing to be placed any letter, etc. in any post
office, or station thereof, etc. was omitted as unnecessary because of
definition of ``principal'' in section 2 of this title.
1949 Act
This section [section 34] corrects a typographical error in section
1341 of title 18, U.S.C.
Amendments
2002--Pub. L. 107-204 substituted ``20 years'' for ``five years''.
1994--Pub. L. 103-322, Sec. 330016(1)(H), substituted ``fined under
this title'' for ``fined not more than $1,000'' after ``thing, shall
be''.
Pub. L. 103-322, Sec. 250006, inserted ``or deposits or causes to be
deposited any matter or thing whatever to be sent or delivered by any
private or commercial interstate carrier,'' after ``Postal Service,''
and ``or such carrier'' after ``causes to be delivered by mail''.
1990--Pub. L. 101-647 substituted ``30'' for ``20'' before
``years''.
1989--Pub. L. 101-73 inserted at end ``If the violation affects a
financial institution, such person shall be fined not more than
$1,000,000 or imprisoned not more than 20 years, or both.''
1970--Pub. L. 91-375 substituted ``Postal Service'' for ``Post
Office Department''.
1949--Act May 24, 1949, substituted ``of'' for ``or'' after
``dispose''.
Effective Date of 1970 Amendment
Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12,
1970, on date established therefor by Board of Governors of United
States Postal Service and published by it in Federal Register, see
section 15(a) of Pub. L. 91-375, set out as an Effective Date note
preceding section 101 of Title 39, Postal Service.
Short Title of 2002 Amendment
Pub. L. 107-204, title IX, Sec. 901, July 30, 2002, 116 Stat. 804,
provided that: ``This title [enacting sections 1349 and 1350 of this
title, amending this section, section 1343 of this title, and section
1131 of Title 29, Labor, and enacting provisions set out as notes under
section 994
