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ention Act of 2000'."
SHORT TITLE OF 1998 AMENDMENTS
Pub. L. 105-318, Sec. 1, Oct. 30, 1998, 112 Stat. 3007, provided
that: "This Act [amending sections 982, 1028, and 2516 of this
title and section 105 of the Ethics in Government Act of 1978, Pub.
L. 95-521, set out in the Appendix to Title 5, Government
Organization and Employees, and enacting provisions set out as
notes under section 1028 of this title and section 994 of Title 28,
Judiciary and Judicial Procedure] may be cited as the 'Identity
Theft and Assumption Deterrence Act of 1998'."
Pub. L. 105-172, Sec. 1, Apr. 24, 1998, 112 Stat. 53, provided
that: "This Act [amending section 1029 of this title and enacting
provisions set out as a note under section 994 of Title 28,
Judiciary and Judicial Procedure] may be cited as the 'Wireless
Telephone Protection Act'."
SHORT TITLE OF 1996 AMENDMENT
Section 1 of Pub. L. 104-292 provided that: "This Act [amending
this section, sections 1515 and 6005 of this title, and section
1365 of Title 28, Judiciary and Judicial Procedure] may be cited as
the 'False Statements Accountability Act of 1996'."
SHORT TITLE OF 1994 AMENDMENT
Section 290001(a) of Pub. L. 103-322, as amended by Pub. L.
104-294, title VI, Sec. 604(b)(34), Oct. 11, 1996, 110 Stat. 3508,
provided that: "This section [amending section 1030 of this title]
may be cited as the 'Computer Abuse Amendments Act of 1994'."
SHORT TITLE OF 1990 AMENDMENT
Pub. L. 101-647, title XXV, Sec. 2500, Nov. 29, 1990, 104 Stat.
4859, provided that: "This title [see Tables for classification]
may be cited as the 'Comprehensive Thrift and Bank Fraud
Prosecution and Taxpayer Recovery Act of 1990'."
SHORT TITLE OF 1989 AMENDMENT
Pub. L. 101-123, Sec. 1, Oct. 23, 1989, 103 Stat. 759, provided
that: "This Act [amending section 1031 of this title, repealing
section 293 of this title, enacting provisions set out as notes
under sections 293 and 1031 of this title, and repealing provisions
set out as a note under section 293 of this title] may be cited as
the 'Major Fraud Act Amendments of 1989'."
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100-700, Sec. 1, Nov. 19, 1988, 102 Stat. 4631, provided
that: "This Act [enacting sections 293 and 1031 of this title and
section 256 of Title 41, Public Contracts, amending section 2324 of
Title 10, Armed Forces, and section 3730 of Title 31, Money and
Finance, enacting provisions set out as notes under sections 293
and 1031 of this title, section 2324 of Title 10, and section 522
of Title 28, Judiciary and Judicial Procedure, and repealing
provisions set out as a note under section 2324 of Title 10] may be
cited as the 'Major Fraud Act of 1988'."
SHORT TITLE OF 1986 AMENDMENT
Pub. L. 99-474, Sec. 1, Oct. 16, 1986, 100 Stat. 1213, provided
that: "This Act [amending section 1030 of this title] may be cited
as the 'Computer Fraud and Abuse Act of 1986'."
SHORT TITLE OF 1984 AMENDMENT
Pub. L. 98-473, title II, Sec. 1601, Oct. 12, 1984, 98 Stat.
2183, provided that: "This chapter [chapter XVI (Secs. 1601-1603)
of title II of Pub. L. 98-473, enacting section 1029 of this title
and provisions set out as a note under section 1029 of this title]
may be cited as the 'Credit Card Fraud Act of 1984'."
Pub. L. 98-473, title II, Sec. 2101, Oct. 12, 1984, 98 Stat.
2190, provided that: "This chapter [chapter XXI (Secs. 2101-2103)
of title II of Pub. L. 98-473, enacting section 1030 of this title
and provisions set out as a note under section 1030 of this title]
may be cited as the 'Counterfeit Access Device and Computer Fraud
and Abuse Act of 1984'."
SHORT TITLE OF 1982 AMENDMENT
Section 1 of Pub. L. 97-398 provided: "That this Act [enacting
sections 1028 and 1738 of this title and amending section 3001 of
Title 39, Postal Service] may be cited as the 'False Identification
Crime Control Act of 1982'."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 24, 981, 982, 1345 of
this title; title 2 section 437g; title 7 sections 12a, 136h, 511r,
1314i, 5662, 6519; title 8 section 1324a; title 12 section 1833a;
title 15 sections 637, 657a, 6003; title 17 section 1312; title 19
sections 2515, 3391, 3432; title 21 section 374; title 22 sections
1623, 3622; title 35 section 25; title 40 section 3145; title 42
sections 2000b-3, 2000c-6, 3795a; title 43 section 1212; title 49
sections 5307, 30170; title 50 App. section 566.
-End-
-CITE-
18 USC Sec. 1002 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 47 - FRAUD AND FALSE STATEMENTS
-HEAD-
Sec. 1002. Possession of false papers to defraud United States
-STATUTE-
Whoever, knowingly and with intent to defraud the United States,
or any agency thereof, possesses any false, altered, forged, or
counterfeited writing or document for the purpose of enabling
another to obtain from the United States, or from any agency,
officer or agent thereof, any sum of money, shall be fined under
this title or imprisoned not more than five years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 749; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 74 (Mar. 4, 1909, ch.
321, Sec. 30, 35 Stat. 1094).
Words "or any agency thereof" after "United States" and word
"agency" after "any" and before "officer," were inserted to
eliminate any possible ambiguity as to scope of section. (See
definition of "agency" in section 6 of this title.)
The maximum fine of "$10,000" was substituted for "$500" in order
to conform punishment provisions to those of comparable sections.
(See section 1001 of this title.)
Minor verbal change was made.
AMENDMENTS
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $10,000".
-End-
-CITE-
18 USC Sec. 1003 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 47 - FRAUD AND FALSE STATEMENTS
-HEAD-
Sec. 1003. Demands against the United States
-STATUTE-
Whoever knowingly and fraudulently demands or endeavors to obtain
any share or sum in the public stocks of the United States, or to
have any part thereof transferred, assigned, sold, or conveyed, or
to have any annuity, dividend, pension, wages, gratuity, or other
debt due from the United States, or any part thereof, received, or
paid by virtue of any false, forged, or counterfeited power of
attorney, authority, or instrument, shall be fined under this title
or imprisoned not more than five years, or both; but if the sum or
value so obtained or attempted to be obtained does not exceed
$1,000, he shall be fined under this title or imprisoned not more
than one year, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 749; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(H), (L), Sept. 13, 1994, 108 Stat. 2147;
Pub. L. 104-294, title VI, Sec. 606(a), Oct. 11, 1996, 110 Stat.
3511.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 79 (Mar. 4, 1909, ch.
321, Sec. 34, 35 Stat. 1095).
Words "prize money" were deleted on the ground that they are an
anachronism and were so before 1909. (See reviser's note under
section 915 of this title.)
Mandatory punishment provision was rephrased in the alternative.
The smaller punishment for an offense involving $100 or less was
added. (See reviser's note to sections 641 and 645 of this title.)
The maximum term of "five years" was substituted for "ten years"
and "$10,000" was substituted for "$5,000" as being more in harmony
with punishment provision of similar sections. (See reviser's note
under section 1001 of this title.)
Minor changes in phraseology were made.
AMENDMENTS
1996 - Pub. L. 104-294 substituted "$1,000" for "$100".
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $10,000" after "instrument, shall be" and for
"fined not more than $1,000" after "he shall be".
-End-
-CITE-
18 USC Sec. 1004 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 47 - FRAUD AND FALSE STATEMENTS
-HEAD-
Sec. 1004. Certification of checks
-STATUTE-
Whoever, being an officer, director, agent, or employee of any
Federal Reserve bank, member bank of the Federal Reserve System,
insured bank (as defined in section 3(h) of the Federal Deposit
Insurance Act), 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 organization operating under
section 25 or section 25(a) (!1) of the Federal Reserve Act,
certifies a check before the amount thereof has been regularly
deposited in the bank, branch, agency, or organization, by the
drawer thereof, or resorts to any device, or receives any
fictitious obligation, directly or collaterally, in order to evade
any of the provisions of law relating to certification of checks,
shall be fined under this title or imprisoned not more than five
years, or both.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 749; Pub. L. 101-647, title XXV,
Sec. 2597(g), Nov. 29, 1990, 104 Stat. 4910; Pub. L. 103-322, title
XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on section 591 of title 12, U.S.C., 1940 ed., Banks and
Banking (R.S. Sec. 5208; July 12, 1882, ch. 290, Sec. 13, 22 Stat.
166; Sept. 26, 1918, ch. 177, Sec. 7, 40 Stat. 972; Feb. 25, 1927,
ch. 191, Sec. 12, 44 Stat. 1231).
Words "be deemed guilty of a misdemeanor and shall" were omitted
as unnecessary in view of definition of misdemeanor in section 1 of
this title.
Words "on conviction thereof" were omitted as surplusage, because
punishment cannot be imposed until after conviction.
Words "in any district court of the United States" were omitted
as unnecessary, because section 3231 of this title confers
jurisdiction on Federal district courts of all crimes and offenses
defined in this title.
Changes were made in phraseology.
-REFTEXT-
REFERENCES IN TEXT
Section 3(h) of the Federal Deposit Insurance Act, referred to in
text, is classified to section 1813(h) of Title 12, Banks and
Banking.
Section 1(b) of the International Banking Act of 1978, referred
to in text, is classified to section 3101 of Title 12.
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.
-MISC2-
AMENDMENTS
1994 - Pub. L. 103-322 substituted "fined under this title" for
"fined not more than $5,000".
1990 - Pub. L. 101-647 substituted a comma for "or" after
"Federal Reserve bank" and inserted "insured bank (as defined in
section 3(h) of the Federal Deposit Insurance Act), 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 organization operating under section 25 or section 25(a)
of the Federal Reserve Act," after "Federal Reserve System," and ",
branch, agency, or organization," after "has been regularly
deposited in the bank".
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
18 USC Sec. 1005 01/19/04
-EXPCITE-
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 47 - FRAUD AND FALSE STATEMENTS
-HEAD-
Sec. 1005. Bank entries, reports and transactions
-STATUTE-
Whoever, being an officer, director, agent or employee of any
Federal Reserve bank, member bank, depository institution holding
company, national bank, insured bank, branch or agency of a foreign
bank, or organization operating under section 25 or section 25(a)
(!1) of the Federal Reserve Act, without authority from the
directors of such bank, branch, agency, or organization or company,
issues or puts in circulation any notes of such bank, branch,
agency, or organization or company; or
Whoever, without such authority, makes, draws, issues, puts
forth, or assigns any certificate of deposit, draft, order, bill of
exchange, acceptance, note, debenture, bond, or other obligation,
or mortgage, judgment or decree; or
Whoever makes any false entry in any book, report, or statement
of such bank, company, branch, agency, or organization with intent
to injure or defraud such bank, company, branch, agency, or
organization, or any other company, body politic or corporate, or
any individual person, or to deceive any officer of such bank,
company, branch, agency, or organization, or the Comptroller of the
Currency, or the Federal Deposit Insurance Corporation, or any
agent or examiner appointed to examine the affairs of such bank,
company, branch, agency, or organization, or the Board of Governors
of the Federal Reserve System; or
Whoever with intent to defraud the United States or any agency
thereof, or any financial institution referred to in this section,
participates or shares in or receives (directly or indirectly) any
money, profit, property, or benefits through any transaction, loan,
commission, contract, or any other act of any such financial
institution -
Shall be fined not more than $1,000,000 or imprisoned not more
than 30 years, or both.
As used in this section, the term "national bank" is synonymous
with "national banking association"; "member bank" means and
includes any national bank, state bank, or bank or trust company,
which has become a member of one of the Federal Reserve banks;
"insured bank" includes any state bank, banking association, trust
company, savings bank, or other banking institution, the deposits
of which are insured by the Federal Deposit Insurance Corporation;
and the term "branch or agency of a foreign bank" means a branch or
agency described in section 20(9) of this title. For purposes of
this section, the term "depository institution holding company" has
the meaning given such term in section 3(w)(1) of the Federal
Deposit Insurance Act.
-SOURCE-
(June 25, 1948, ch. 645, 62 Stat. 750; Pub. L. 101-73, title IX,
Sec. 961(d), Aug. 9, 1989, 103 Stat. 499; Pub. L. 101-647, title
XXV, Secs. 2504(d), 2595(a)(3), 2597(h), Nov. 29, 1990, 104 Stat.
4861, 4907, 4910; Pub. L. 107-273, div. B, title IV, Sec.
4003(a)(2), Nov. 2, 2002, 116 Stat. 1811.)
-MISC1-
HISTORICAL AND REVISION NOTES
Based on sections 592, 597 of title 12, U.S.C., 1940 ed., Banks
and Banking (R.S. Sec. 5209; Dec. 23, 1913, ch. 6, Sec. 22(i) as
added June 19, 1934, ch. 653, Sec. 3, 48 Stat. 1107; Sept. 26,
1918, ch. 177, Sec. 7, 40 Stat. 972; Aug. 23, 1935, ch. 614, Sec.
316, 49 Stat. 712).
(See reviser's note under section 656 of this title for
comprehensive statement of reasons for separating section 592 of
title 12, U.S.C., 1940 ed., Banks and Banking, into three revised
sections, and section 597 thereof into two revised sections, with
the consequent extensive changes in phraseology, style, and
arrangement.)
In this section, national bank receivers and Federal reserve
agents were not included in the initial enumeration of persons at
whom the act is directed, since the provisions of this section,
unlike section 656 of this title, are not directed at such
receivers and agents.
No changes of meaning or substance were made, except that, like
said section 656 of this title, the different punishment provisions
were reconciled, and one uniform punishment provision was adopted.
The words "shall be deemed guilty of a misdemeanor" were omitted
as unnecessary in view of the definition of a misdemeanor in
section 1 of this title.
The words "and upon conviction thereof" were omitted as
unnecessary, since punishment cannot be imposed until a conviction
is secured.
Since section 3231 of this title gives the district court
jurisdiction of criminal prosecutions, the words "in any district
court of the United States" were omitted as unnecessary.
-REFTEXT-
REFERENCES IN TEXT
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, Banks and Banking. 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 3(w)(1) of the Federal Deposit Insurance Act, referred to
in text, is classified to section 1813(w)(1) of Title 12.
-MISC2-
AMENDMENTS
2002 - Pub. L. 107-273, in first par. substituted "Act," for
"Act,," and in third par. inserted "or" at end.
1990 - Pub. L. 101-647, Secs. 2504(d), 2595(a)(3)(A), (B),
2597(h), in first par. substituted "depository institution" for
"bank or savings and loan", "national bank, insured bank, branch or
agency of a foreign bank, or organization operating under section
25 or section 25(a) of the Federal Reserve Act," for "national bank
or insured bank", and "of such bank, branch, agency, or
organization or company" for "of such bank" in two places, in third
par. substituted "bank, company, branch, agency, or organization"
for "bank or company" in four places, and in fifth par. substituted
"30" for "20" before "years".
Pub. L. 101-647, Sec. 2597(h)(3)(A), in sixth par. struck out
"and" after "one of the Federal Reserve Banks;".
Pub. L. 101-647, Sec. 2597(h)(3)(B), which, in sixth par.,
directed insertion of "; and the term 'branch or agency of a
foreign bank' means a branch or agency described in section 20(9)
of this title" before the period, was inserted before period at end
of first sentence to reflect the probable intent of Congress and
intervening amendment by Pub. L
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