§ 655. — Theft by 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: 18USC655]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 31--EMBEZZLEMENT AND THEFT
Sec. 655. Theft by bank examiner
Whoever, being a bank examiner or assistant examiner, steals, or
unlawfully takes, or unlawfully conceals any money, note, draft, bond,
or security or any other property of value in the possession of any bank
or banking institution which is a member of the Federal Reserve System,
which is insured by the Federal Deposit Insurance Corporation, 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 from any safe deposit
box in or adjacent to the premises of such bank, branch, agency, or
organization, shall be fined under this title or imprisoned not more
than five years, or both; but if the amount taken or concealed does not
exceed $1,000, he shall be fined under this title or imprisoned not more
than one year, or both; and shall be disqualified from holding office as
a national bank examiner or Federal Deposit Insurance Corporation
examiner.
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\1\ See References in Text note below.
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This section shall apply to all public examiners and assistant
examiners who examine member banks of the Federal Reserve System, banks
the deposits of which are insured by the Federal Deposit Insurance
Corporation, 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), or 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,
or by the Federal Deposit Insurance Corporation, or appointed or elected
under the laws of any State; but shall not apply to private examiners or
assistant examiners employed only by a clearing-house association or by
the directors of a bank.
(June 25, 1948, ch. 645, 62 Stat. 728; Pub. L. 101-647, title XXV,
Sec. 2597(e), Nov. 29, 1990, 104 Stat. 4909; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(H), (K), Sept. 13, 1994, 108 Stat. 2147; Pub. L.
104-294, title VI, Sec. 606(a), Oct. 11, 1996, 110 Stat. 3511.)
Historical and Revision Notes
Based on section 593 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; Feb. 25, 1927, ch. 191, Sec. 15, 44 Stat.
1232; Aug. 23, 1935, ch. 614, Sec. 326(a), 49 Stat. 715).
Other provisions of section 593 of title 12, U.S.C. 1940 ed., Banks
and Banking, are incorporated in sections 217 and 218 of this title.
The words ``and shall upon conviction thereof'' were omitted as
unnecessary, since punishment cannot be imposed until a conviction is
secured.
The phrase ``bank or banking institution which is a member of the
Federal Reserve System or which is insured by the Federal Deposit
Insurance Corporation'' was substituted for ``member bank or insured
bank'' to avoid the use of a definitive section based on sections 221a,
264(e)(8), and 588a of title 12, U.S.C., 1940 ed., Banks and Banking.
Words ``banks the deposits of which are insured by the Federal Deposit
Insurance Corporation'' were substituted for ``insured banks'' in second
paragraph, for the same reason.
Punishment provision harmonized with that of section 656 of this
title. (See also, reviser's notes under sections 641 and 645 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.
Amendments
1996--Pub. L. 104-294 substituted ``$1,000'' for ``$100'' in first
par.
1994--Pub. L. 103-322, in first par., substituted ``fined under this
title'' for ``fined not more than $5,000'' after ``organization, shall
be'' and for ``fined not more than $1,000'' after ``he shall be''.
1990--Pub. L. 101-647, in first par., substituted ``System, which is
insured'' for ``System or which is insured'', inserted ``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 ``branch, agency, or organization,'' after
``premises of such bank,'' and in second par. substituted ``System,
banks the deposits of which'' for ``System or banks the deposits of
which'', 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), or organizations operating under
section 25 or section 25(a) of the Federal Reserve Act,'' after
``Federal Deposit Insurance Corporation,''.
Section Referred to in Other Sections
This section is referred to in title 12 section 503.
