§ 212. — Offer of loan or gratuity to bank examiner.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC212]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 11--BRIBERY, GRAFT, AND CONFLICTS OF INTEREST
Sec. 212. Offer of loan or gratuity to bank examiner
Whoever, being an officer, director or employee of a financial
institution which is a member of the Federal Reserve System, or the
deposits of which are insured by the Federal Deposit Insurance
Corporation, or which is a branch or agency of a foreign bank (as such
terms are defined in paragraphs (1) and (3) of section 1(b) of the
International Banking Act of 1978), or which is an organization
operating under section 25 or section 25(a) \1\ of the Federal Reserve
Act, or of any Farm Credit Bank, bank for cooperatives, production
credit association, Federal land bank association, agricultural credit
association, Federal land credit association, service organization
chartered under section 4.26 of the Farm Credit Act of 1971, the Farm
Credit System Financial Assistance Corporation, the Federal Agricultural
Mortgage Credit Corporation, the Federal Farm Credit Banks Funding
Corporation, the National Consumer Cooperative Bank, or other
institution subject to examination by a Farm Credit Administration
examiner, or of any small business investment company, makes or grants
any loan or gratuity, to any examiner or assistant examiner who examines
or has authority to examine such bank, branch, agency, organization,
corporation, or institution, shall be fined under this title or
imprisoned not more than one year, or both; and may be fined a further
sum equal to the money so loaned or gratuity given.
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\1\ See References in Text note below.
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The provisions of this section and section 213 of this title shall
apply to all public examiners and assistant examiners who examine member
banks of the Federal Reserve System, insured financial institutions,
branches or agencies of foreign banks (as such terms are defined in
paragraphs (1) and (3) of section 1(b) of the International Banking Act
of 1978), organizations operating under section 25 or section 25(a) \1\
of the Federal Reserve Act, whether appointed by the Comptroller of the
Currency, by the Board of Governors of the Federal Reserve System, by a
Federal Reserve Agent, by a Federal Reserve bank, by the Federal Deposit
Insurance Corporation, by the Office of Thrift Supervision, or by the
Federal Housing Finance Board, or appointed or elected under the laws of
any state; but shall not apply to private examiners or assistant
examiners employed only by a clearinghouse association or by the
directors of a bank.
(June 25, 1948, ch. 645, 62 Stat. 694, Sec. 212, formerly Sec. 217; Pub.
L. 85-699, title VII, Sec. 701(a), Aug. 21, 1958, 72 Stat. 698; Pub. L.
86-168, title I, Sec. 104(h), Aug. 18, 1959, 73 Stat. 387; renumbered
Sec. 212, Pub. L. 87-849, Sec. 1(d), Oct. 23, 1962, 76 Stat. 1125; Pub.
L. 101-73, title IX, Sec. 962(a)(1), Aug. 9, 1989, 103 Stat. 501; Pub.
L. 101-647, title XXV, Sec. 2597(b), Nov. 29, 1990, 104 Stat. 4908; Pub.
L. 103-322, title XXXIII, Secs. 330004(1), 330010(1), 330016(1)(K),
Sept. 13, 1994, 108 Stat. 2141, 2143, 2147.)
Historical and Revision Notes
Based on sections 593 and 1245 of title 12, U.S.C., 1940 ed., Banks
and Banking (Dec. 23, 1913, ch. 6, Sec. 22, 38 Stat. 272; Sept. 26,
1918, ch. 177, Sec. 5, 40 Stat. 970; Mar. 4, 1923, ch. 252, title II,
Sec. 209(e), 42 Stat. 1468; Feb. 25, 1927, ch. 191, Sec. 15, 44 Stat.
1232; Aug. 23, 1935, ch. 614, Sec. 326(a), 49 Stat. 715).
Section 593 of title 12, U.S.C., 1940 ed., Banks and Banking, was
divided into three sections: this section and sections 218 and 655 of
this title.
Words ``shall be deemed guilty of a misdemeanor and'' were omitted
as unnecessary in view of definition of misdemeanor in section 1 of this
title.
This section was expanded to include ``National Agricultural Credit
Corporations'' by including this term in each paragraph, upon authority
of section 1245 of title 12, U.S.C., 1940 ed., Banks and Banking.
No penalty was provided for offering a bribe to farm credit
examiners. The words ``or of any land bank, national farm loan
association, or other institution subject to examination by a farm
credit examiner,'' were added upon the authority of section 952 of said
title 12.
Reference to persons causing or procuring was omitted as unnecessary
in view of definition of ``principal'' in section 2 of this title.
Changes in phraseology were also made.
References in Text
Section 1(b) of the International Banking Act of 1978, referred to
in text, is classified to section 3101 of Title 12, Banks and Banking.
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.
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 4.26 of the Farm Credit Act of 1971, referred to in text, is
classified to section 2212 of Title 12.
Prior Provisions
A prior section 212, act June 25, 1948, ch. 645, 62 Stat. 693,
related to an offer or threat to a customs officer or employee, prior to
the general amendment to this chapter by Pub. L. 87-849 and is
substantially covered by revised section 201.
Amendments
1994--Pub. L. 103-322, Sec. 330016(1)(K), substituted ``fined under
this title'' for ``fined not more than $5,000'' in first undesignated
par.
Pub. L. 103-322, Sec. 330010(1), substituted ``section 213'' for
``section 218'' in second undesignated par.
Pub. L. 103-322, Sec. 330004(1), struck out ``or of any National
Agricultural Credit Corporation,'' after ``Federal Reserve Act,'' in
first undesignated par. and ``or National Agricultural Credit
Corporations,'' after ``Federal Reserve Act,'' in second undesignated
par.
1990--Pub. L. 101-647 in first undesignated par. substituted
``System, or the deposits of which'' for ``System or the deposits of
which'', inserted ``or which is a branch or agency of a foreign bank (as
such terms are defined in paragraphs (1) and (3) of section 1(b) of the
International Banking Act of 1978), or which is an organization
operating under section 25 or section 25(a) of the Federal Reserve
Act,'' after ``Federal Deposit Insurance Corporation,'' and inserted
``branch, agency, organization,'' after ``who examines or has authority
to examine such bank,'' and in second undesignated par. substituted
``System, insured'' for ``System or insured'', and inserted ``branches
or agencies of foreign banks (as such terms are defined in paragraphs
(1) and (3) of section 1(b) of the International Banking Act of 1978),
organizations operating under section 25 or section 25(a) of the Federal
Reserve Act,'' after ``financial institutions,''.
1989--Pub. L. 101-73 in first undesignated paragraph substituted
``financial institution'' for first reference to ``bank'' and
substituted ``Farm Credit Bank, bank for cooperatives, production credit
association, Federal land bank association, agricultural credit
association, Federal land credit association, service organization
chartered under section 4.26 of the Farm Credit Act of 1971, the Farm
Credit System Financial Assistance Corporation, the Federal Agricultural
Mortgage Credit Corporation, the Federal Farm Credit Banks Funding
Corporation, the National Consumer Cooperative Bank, or other
institution subject to examination by a Farm Credit Administration
examiner'' for ``land bank, Federal land bank association or other
institution subject to examination by a farm credit examiner'', and in
second undesignated paragraph substituted ``insured financial
institutions'' for ``insured banks'' and substituted ``, by the Federal
Deposit Insurance Corporation, by the Office of Thrift Supervision, or
by the Federal Housing Finance Board'' for ``or by the Federal Deposit
Insurance Corporation''.
1959--Pub. L. 86-168 substituted ``Federal land bank association''
for ``national farm loan association''.
1958--Pub. L. 85-699 included officers, directors and employees of
small business investment companies.
Effective Date of 1959 Amendment
Amendment of section by Pub. L. 86-168 effective Dec. 31, 1959, see
section 104(k) of Pub. L. 86-168.
Exception as to Transfer of Functions
Functions vested by any provision of law in the Comptroller of the
Currency, referred to in this section, were not included in the transfer
of functions of officers, agencies and employees of the Department of
the Treasury to the 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. See
section 321(c)(2) of Title 31, Money and Finance.
National Agricultural Credit Corporation
Title II of the Agricultural Credits Act, act Mar. 4, 1923, title
II, Secs. 201-217, 42 Stat. 1461, which authorized the creation of
national agricultural credit corporations, was substantially repealed by
Pub. L. 86-230, Sept. 8, 1959, Sec. 24, 73 Stat. 466. Prior to such
repeal, act June 16, 1933, Sec. 77, 48 Stat. 292, had prohibited the
creation, after June 16, 1933, of national agricultural credit
corporations authorized to be formed under the Agricultural Credits Act.
Section Referred to in Other Sections
This section is referred to in title 12 section 503.
