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a) The provisions of sections 1301, 1302, 1303, and 1304 shall not apply to - (1) an advertisement, list of prizes, or other information concerning a lottery conducted by a State acting under the authority of State law which is - (A) contained in a publication published in that State or in a State which conducts such a lottery; or (B) broadcast by a radio or television station licensed to a location in that State or a State which conducts such a lottery; or (2) an advertisement, list of prizes, or other information concerning a lottery, gift enterprise, or similar scheme, other than one described in paragraph (1), that is authorized or not otherwise prohibited by the State in which it is conducted and which is - (A) conducted by a not-for-profit organization or a governmental organization; or (B) conducted as a promotional activity by a commercial organization and is clearly occasional and ancillary to the primary business of that organization. (b) The provisions of sections 1301, 1302, and 1303 shall not apply to the transportation or mailing - (1) to addresses within a State of equipment, tickets, or material concerning a lottery which is conducted by that State acting under the authority of State law; or (2) to an addressee within a foreign country of equipment, tickets, or material designed to be used within that foreign country in a lottery which is authorized by the law of that foreign country. (c) For the purposes of this section (1) "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States; and (2) "foreign country" means any empire, country, dominion, colony, or protectorate, or any subdivision thereof (other than the United States, its territories or possessions). (d) For the purposes of subsection (b) of this section "lottery" means the pooling of proceeds derived from the sale of tickets or chances and allotting those proceeds or parts thereof by chance to one or more chance takers or ticket purchasers. "Lottery" does not include the placing or accepting of bets or wagers on sporting events or contests. For purposes of this section, the term a "not-for-profit organization" means any organization that would qualify as tax exempt under section 501 of the Internal Revenue Code of 1986. -SOURCE- (Added Pub. L. 93-583, Sec. 1, Jan. 2, 1975, 88 Stat. 1916; amended Pub. L. 94-525, Sec. 1, Oct. 17, 1976, 90 Stat. 2478; Pub. L. 96-90, Sec. 1, Oct. 23, 1979, 93 Stat. 698; Pub. L. 100-625, Secs. 2(a), (b), 3(a)(1), (3), Nov. 7, 1988, 102 Stat. 3205, 3206.) -REFTEXT- REFERENCES IN TEXT Section 501 of the Internal Revenue Code of 1986, referred to in subsec. (d), is classified to section 501 of Title 26, Internal Revenue Code. -MISC1- AMENDMENTS 1988 - Pub. L. 100-625, Sec. 3(a)(1), substituted "Exceptions relating to certain advertisements and other information and to State-conducted lotteries" for "State-conducted lotteries" in section catchline. Subsec. (a). Pub. L. 100-625, Sec. 2(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "The provisions of sections 1301, 1302, 1303, and 1304 shall not apply to an advertisement, list of prizes, or information concerning a lottery conducted by a State acting under the authority of State law - "(1) contained in a newspaper published in that State or in an adjacent State which conducts such a lottery, or "(2) broadcast by a radio or television station licensed to a location in that State or an adjacent State which conducts such a lottery." Subsec. (d). Pub. L. 100-625, Secs. 2(b), 3(a)(3), inserted "subsection (b) of" after "purposes of" and inserted at end "For purposes of this section, the term a 'not-for-profit organization' means any organization that would qualify as tax exempt under section 501 of the Internal Revenue Code of 1986." 1979 - Subsec. (b). Pub. L. 96-90, Sec. 1(a), incorporated existing provision in text designated cl. (1), included mailing of equipment, and added cl. (2). Subsec. (c). Pub. L. 96-90, Sec. 1(b), designated existing text as cl. (1) and added cl. (2). 1976 - Subsec. (a)(1). Pub. L. 94-525 inserted "or in an adjacent State which conducts such a lottery" after "State". EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-625 effective 18 months after Nov. 7, 1988, see section 5 of Pub. L. 100-625, set out as a note under section 1304 of this title. SEVERABILITY Section 4 of Pub. L. 100-625 provided that: "If any provision of this Act or the amendments made by this Act [amending sections 1304 and 1307 of this title and section 3005 of Title 39, Postal Service, and enacting provisions set out as notes under sections 1301 and 1304 of this title], or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act and the amendments made by this Act, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected by such invalidation." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 39 section 3005. -End- -CITE- 18 USC CHAPTER 63 - MAIL FRAUD 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 63 - MAIL FRAUD -HEAD- CHAPTER 63 - MAIL FRAUD -MISC1- Sec. 1341. Frauds and swindles. 1342. Fictitious name or address. 1343. Fraud by wire, radio, or television. 1344. Bank fraud. 1345. Injunctions against fraud. 1346. Definition of "scheme or artifice to defraud". 1347. Health care fraud. 1348. Securities fraud. 1349. Attempt and conspiracy. 1350. Failure of corporate officers to certify financial reports. AMENDMENTS 2002 - Pub. L. 107-204, title VIII, Sec. 807(b), title IX, Secs. 902(b), 906(b), July 30, 2002, 116 Stat. 804-806, added items 1348 to 1350. 1996 - Pub. L. 104-191, title II, Sec. 242(a)(2), Aug. 21, 1996, 110 Stat. 2016, added item 1347. 1990 - Pub. L. 101-647, title XXXV, Sec. 3541, Nov. 29, 1990, 104 Stat. 4925, substituted "or" for "and" in item 1342. 1988 - Pub. L. 100-690, title VII, Sec. 7603(b), Nov. 18, 1988, 102 Stat. 4508, added item 1346. 1984 - Pub. L. 98-473, title II, Secs. 1108(b), 1205(b), Oct. 12, 1984, 98 Stat. 2147, 2153, added items 1344 and 1345. 1952 - Act July 16, 1952, ch. 879, Sec. 18(b), 66 Stat. 722, added item 1343. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 15 section 7703; title 29 section 1111. -End- -CITE- 18 USC Sec. 1341 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 63 - MAIL FRAUD -HEAD- Sec. 1341. Frauds and swindles -STATUTE- Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 763; May 24, 1949, ch. 139, Sec. 34, 63 Stat. 94; Pub. L. 91-375, Sec. (6)(j)(11), Aug. 12, 1970, 84 Stat. 778; Pub. L. 101-73, title IX, Sec. 961(i), Aug. 9, 1989, 103 Stat. 500; Pub. L. 101-647, title XXV, Sec. 2504(h), Nov. 29, 1990, 104 Stat. 4861; Pub. L. 103-322, title XXV, Sec. 250006, title XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2087, 2147; Pub. L. 107-204, title IX, Sec. 903(a), July 30, 2002, 116 Stat. 805.) -MISC1- HISTORICAL AND REVISION NOTES 1948 ACT Based on title 18, U.S.C., 1940 ed., Sec. 338 (Mar. 4, 1909, ch. 321, Sec. 215, 35 Stat. 1130). The obsolete argot of the underworld was deleted as suggested by Hon. Emerich B. Freed, United States district judge, in a paper read before the 1944 Judicial Conference for the sixth circuit in which he said: A brief reference to Sec. 1341, which proposes to reenact the present section covering the use of the mails to defraud. This section is almost a page in length, is involved, and contains a great deal of superfluous language, including such terms as "sawdust swindle, green articles, green coin, green goods and green cigars." This section could be greatly simplified, and now-meaningless language eliminated. The other surplusage was likewise eliminated and the section simplified without change of meaning. A reference to causing to be placed any letter, etc. in any post office, or station thereof, etc. was omitted as unnecessary because of definition of "principal" in section 2 of this title. 1949 ACT This section [section 34] corrects a typographical error in section 1341 of title 18, U.S.C. AMENDMENTS 2002 - Pub. L. 107-204 substituted "20 years" for "five years". 1994 - Pub. L. 103-322, Sec. 330016(1)(H), substituted "fined under this title" for "fined not more than $1,000" after "thing, shall be". Pub. L. 103-322, Sec. 250006, inserted "or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier," after "Postal Service," and "or such carrier" after "causes to be delivered by mail". 1990 - Pub. L. 101-647 substituted "30" for "20" before "years". 1989 - Pub. L. 101-73 inserted at end "If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 20 years, or both." 1970 - Pub. L. 91-375 substituted "Postal Service" for "Post Office Department". 1949 - Act May 24, 1949, substituted "of" for "or" after "dispose". 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. SHORT TITLE OF 2002 AMENDMENT Pub. L. 107-204, title IX, Sec. 901, July 30, 2002, 116 Stat. 804, provided that: "This title [enacting sections 1349 and 1350 of this title, amending this section, section 1343 of this title, and section 1131 of Title 29, Labor, and enacting provisions set out as notes under section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the 'White-Collar Crime Penalty Enhancement Act of 2002'." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 24, 225, 981, 982, 1342, 1510, 1514A, 1961, 2326, 2516, 3293, 3322 of this title; title 7 section 12a; title 12 sections 1785, 1786, 1787, 1821, 1828, 1829, 1831k, 1833a, 2277a-10b; title 15 sections 78o, 80b-3; title 39 sections 3001, 3003. -End- -CITE- 18 USC Sec. 1342 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 63 - MAIL FRAUD -HEAD- Sec. 1342. Fictitious name or address -STATUTE- Whoever, for the purpose of conducting, promoting, or carrying on by means of the Postal Service, any scheme or device mentioned in section 1341 of this title or any other unlawful business, uses or assumes, or requests to be addressed by, any fictitious, false, or assumed title, name, or address or name other than his own proper name, or takes or receives from any post office or authorized depository of mail matter, any letter, postal card, package, or other mail matter addressed to any such fictitious, false, or assumed title, name, or address, or name other than his own proper name, shall be fined under this title or imprisoned not more than five years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 763; Pub. L. 91-375, Sec. 6(j)(12), Aug. 12, 1970, 84 Stat. 778; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 339 (Mar. 4, 1909, ch. 321, Sec. 216, 35 Stat. 1131). The punishment language used in section 1341 of this title was substituted in lieu of the reference to it in this section. Minor changes in phraseology were made. AMENDMENTS 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $1,000". 1970 - Pub. L. 91-375 substituted "Postal Service" for "Post Office Department of the United States". 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. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 982, 2326 of this title; title 7 section 12a; title 15 sections 78o, 80b-3; title 39 sections 3001, 3003. -End- -CITE- 18 USC Sec. 1343 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 63 - MAIL FRAUD -HEAD- Sec. 1343. Fraud by wire, radio, or television -STATUTE- Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both. -SOURCE- (Added July 16, 1952, ch. 879, Sec. 18(a), 66 Stat. 722; amended July 11, 1956, ch. 561, 70 Stat. 523; Pub. L. 101-73, title IX, Sec. 961(j), Aug. 9, 1989, 103 Stat. 500; Pub. L. 101-647, title XXV, Sec. 2504(i), Nov. 29, 1990, 104 Stat. 4861; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 107-204, title IX, Sec. 903(b), July 30, 2002, 116 Stat. 805.) -MISC1- AMENDMENTS 2002 - Pub. L. 107-204 substituted "20 years" for "five years". 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $1,000". 1990 - Pub. L. 101-647 substituted "30" for "20" before "years". 1989 - Pub. L. 101-73 inserted at end "If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 20 years, or both." 1956 - Act July 11, 1956, substituted "transmitted by means of wire, radio, or television communication in interstate or foreign commerce" for "transmitted by means of interstate wire, radio, or television communication". -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 24, 225, 981, 982, 1510, 1514A, 1961, 2326, 2516, 3293, 3322 of this title; title 7 section 12a; title 12 sections 1785, 1786, 1787, 1821, 1828, 1829, 1831k, 1833a, 2277a-10b; title 15 sections 78o, 80b-3; title 47 sections 312, 503. -End- -CITE- 18 USC Sec. 1344 01/19/04 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 63 - MAIL FRAUD -HEAD- Sec. 1344. Bank fraud -STATUTE- Whoever knowingly executes, or attempts to execute, a scheme or artifice - (1) to defraud a financial institution; or (2) to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises; shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both. -SOURCE- (Added Pub. L. 98-473, title II, Sec. 1108(a), Oct. 12, 1984, 98 Stat. 2147; amended Pub. L. 101-73, title IX, Sec. 961(k), Aug. 9, 1989, 103 Stat. 500; Pub. L. 101-647, title XXV, Sec. 2504(j), Nov. 29, 1990, 104 Stat. 4861.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-647 substituted "30"

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