§ 1712. — Falsification of postal returns to increase compensation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1712]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 83--POSTAL SERVICE
Sec. 1712. Falsification of postal returns to increase
compensation
Whoever, being a Postal Service officer or employee, makes a false
return, statement, or account to any officer of the United States, or
makes a false entry in any record, book, or account, required by law or
the rules or regulations of the Postal Service to be kept in respect of
the business or operations of any post office or other branch of the
Postal Service, for the purpose of fraudulently increasing his
compensation or the compensation of the postmaster or any employee in a
post office; or
Whoever, being a Postal Service officer or employee in any post
office or station thereof, for the purpose of increasing the emoluments
or compensation of his office, induces, or attempts to induce, any
person to deposit mail matter in, or forward in any manner for mailing
at, the office where such officer or employee is employed, knowing such
matter to be properly mailable at another post office--
Shall be fined under this title or imprisoned not more than two
years, or both.
(June 25, 1948, ch. 645, 62 Stat. 780; Pub. L. 91-375, Sec. 6(j)(22),
Aug. 12, 1970, 84 Stat. 779; Pub. L. 103-322, title XXXIII,
Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Sec. 329 and on section 172 of
title 39, U.S.C., 1940 ed., The Postal Service (Aug. 4, 1886, ch. 901,
Sec. 3, 24 Stat. 221; Mar. 4, 1909, ch. 321, Sec. 206, 35 Stat. 1128;
June 10, 1921, ch. 18, Sec. 304, 42 Stat. 24).
Said sections were consolidated.
The texts of the two sections were substantially identical except
that said section 172 of title 39, U.S.C., 1940 ed., provided that
``whenever, upon evidence deemed satisfactory to him, the Postmaster
General shall determine that any such false return has been made, he
may, by order, fix absolutely the compensation of the postmaster for
such special delivery during any quarter or quarters which he shall deem
affected by such false return, and the General Accounting Office shall
adjust the postmaster's account accordingly'', the words ``General
Accounting Office'' having been substituted for ``Auditor'' on the
authority of the act of June 10, 1921, shown in the credits above. This
particular language was omitted because such powers and duties as it
prescribes would devolve upon the Postmaster General without legislation
and also because said section 172 of Title 39, which was derived from
the act of August 4, 1886, shown in the credits above, was impliedly
repealed by the general repealing clause of section 341 of the Criminal
Code of 1909. Section 208 of that Code contained the provisions which
formed the basis for said section 329 of Title 18.
Reference in said section 329 of title 18, U.S.C., 1940 ed., to
persons assisting, causing or procuring was omitted as unnecessary in
view of definition of ``principal'' in section 2 of this title.
Minor verbal changes were made.
Amendments
1994--Pub. L. 103-322 substituted ``fined under this title'' for
``fined not more than $500'' in last par.
1970--Pub. L. 91-375 substituted ``Postal Service officer or
employee'' for ``postmaster or Postal Service employee'' and ``Postal
Service'' for ``Post Office Department'' after ``rules or regulations of
the'' in first par. and ``Postal Service officer or employee'' and
``officer or employee'' for ``postmaster or employee'' and ``postmaster
or other person'' in second par., respectively.
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.
