§ 1909. — Examiner performing other services.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC1909]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 93--PUBLIC OFFICERS AND EMPLOYEES
Sec. 1909. Examiner performing other services
Whoever, being a national-bank examiner, Federal Deposit Insurance
Corporation examiner, or farm credit examiner, performs any other
service, for compensation, for any bank or banking or loan association,
or for any officer, director, or employee thereof, or for any person
connected therewith in any capacity, shall be fined under this title or
imprisoned not more than one year, or both.
(June 25, 1948, ch. 645, 62 Stat. 792; Pub. L. 103-322, title XXXIII,
Secs. 330004(12), 330016(1)(K), Sept. 13, 1994, 108 Stat. 2142, 2147.)
Historical and Revision Notes
Based on sections 594, 656a, 952, 981, 1093, 1124, 1243, and 1314 of
title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 23, 1913, ch. 6,
Sec. 22, fourth sentence of first paragraph, and third sentence of
second paragraph, 38 Stat. 272; July 17, 1916, ch. 245, Secs. 28, 31
[third sentence of first paragraph], 39 Stat. 381, 383; July 17, 1916,
ch. 245, Secs. 208(c), 211(d), second sentence, as added Mar. 4, 1923,
ch. 252, Sec. 2, 42 Stat. 1459, 1460; Sept. 26, 1918, ch. 177, Sec. 5
[``22(b)''] 40 Stat. 970; Mar. 4, 1923, ch. 252, title II, Secs. 209(c),
216(d) [second sentence], 42 Stat. 1468, 1472; Ex. Ord. No. 6084, Mar.
27, 1933; June 16, 1933, ch. 98, Sec. 80(a), 48 Stat. 273; Aug. 23,
1935, ch. 614, Sec. 326(b), 49 Stat. 716; Aug. 19, 1937, ch. 704,
Sec. 20, 50 Stat. 710).
Section 594 of title 12, U.S.C., 1940 ed., Banks and Banking, first
paragraph, related to national-bank examiners and Federal Deposit
Insurance Corporation examiners, and provided punishment for several
offenses including the offense of performing services, for compensation,
other than their regular duties. Section 656a of said title 12 is
authority for the designation ``farm credit examiner'' included in this
section, and section 1093 of said title authorizes farm credit examiners
to conduct examinations in connection with contemplated transactions of
Federal intermediate credit banks, to which section 1124 of said title
relates.
Sections 981 and 1124 of title 12, U.S.C., 1940 ed., Banks and
Banking, which relate to farm credit examiners, and section 1314 of said
title, which relates to National Agricultural Credit Corporation
examiners, all prohibit the performance of services, for compensation,
other than regular duties. They do not specifically provide punishment
for violation of such prohibition, but the provisions of said section
594 of said title, relating to national-bank examiners and Federal
Deposit Insurance Corporation examiners, which does provide punishment
for the same offense, are extended to the former two types of examiners
by sections 952 and 1243 thereof.
The remaining provisions of sections 594, 981, 1124, and 1314 of
title 12, U.S.C., 1940 ed., Banks and Banking, relating to unlawful
disclosure of the names of borrowers or the collateral for loans, false
statements in applications for loans, overvaluation of securities, and
acceptance of loans or gratuities, were separated and transferred
according to subject matter to sections 218, 1014, 1906-1908 of this
title, where, insofar as possible, they were consolidated with similar
provisions from other sections.
Minor changes were made in phraseology.
Amendments
1994--Pub. L. 103-322, Sec. 330016(1)(K), substituted ``fined under
this title'' for ``fined not more than $5,000''.
Pub. L. 103-322, Sec. 330004(12), inserted ``or'' before ``farm
credit examiner'' and struck out ``or an examiner of National
Agricultural Credit Corporations,'' before ``performs any other
service''.
Section Referred to in Other Sections
This section is referred to in section 3056 of this title; title 12
section 503.
