-CITE- 18 USC CHAPTER 47 - FRAUD AND FALSE STATEMENTS 01/02/2006 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 47 - FRAUD AND FALSE STATEMENTS -HEAD- CHAPTER 47 - FRAUD AND FALSE STATEMENTS -MISC1- Sec. 1001. Statements or entries generally. 1002. Possession of false papers to defraud United States. 1003. Demands against the United States. 1004. Certification of checks. 1005. Bank entries, reports and transactions. 1006. Federal credit institution entries, reports and transactions. 1007. Federal Deposit Insurance Corporation transactions. [1008, 1009. Repealed.] 1010. Department of Housing and Urban Development and Federal Housing Administration transactions. 1011. Federal land bank mortgage transactions. 1012. Department of Housing and Urban Development transactions. 1013. Farm loan bonds and credit bank debentures. 1014. Loan and credit applications generally; renewals and discounts; crop insurance. 1015. Naturalization, citizenship or alien registry. 1016. Acknowledgment of appearance or oath. 1017. Government seals wrongfully used and instruments wrongfully sealed. 1018. Official certificates or writings. 1019. Certificates by consular officers. 1020. Highway projects. 1021. Title records. 1022. Delivery of certificate, voucher, receipt for military or naval property. 1023. Insufficient delivery of money or property for military or naval service. 1024. Purchase or receipt of military, naval, or veteran's facilities property. 1025. False pretenses on high seas and other waters. 1026. Compromise, adjustment, or cancellation of farm indebtedness. 1027. False statements and concealment of facts in relation to documents required by the Employee Retirement Income Security Act of 1974. 1028. Fraud and related activity in connection with identification documents and information.(!1) 1028A. Aggravated identity theft. 1029. Fraud and related activity in connection with access devices. 1030. Fraud and related activity in connection with computers. 1031. Major fraud against the United States. 1032. Concealment of assets from conservator, receiver, or liquidating agent of financial institution. 1033. Crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce. 1034. Civil penalties and injunctions for violations of section 1033. 1035. False statements relating to health care matters. 1036. Entry by false pretenses to any real property, vessel, or aircraft of the United States or secure area of any airport. 1037. Fraud and related activity in connection with electronic mail. 1038. False information and hoaxes. AMENDMENTS 2004 - Pub. L. 108-458, title VI, Sec. 6702(b), Dec. 17, 2004, 118 Stat. 3766, added item 1038. Pub. L. 108-275, Sec. 2(b), July 15, 2004, 118 Stat. 832, added item 1028A. 2003 - Pub. L. 108-187, Sec. 4(a)(2), Dec. 16, 2003, 117 Stat. 2705, added item 1037. 2000 - Pub. L. 106-547, Sec. 2(b), Dec. 19, 2000, 114 Stat. 2739, added item 1036. 1998 - Pub. L. 105-318, Sec. 3(h)(2), Oct. 30, 1998, 112 Stat. 3009, inserted "and information" at end of item 1028. 1996 - Pub. L. 104-294, title VI, Sec. 601(f)(8), Oct. 11, 1996, 110 Stat. 3500, substituted "veteran's facilities" for "veterans' facilities" in item 1024. Pub. L. 104-191, title II, Sec. 244(b), Aug. 21, 1996, 110 Stat. 2017, added item 1035. 1994 - Pub. L. 103-322, title XXXII, Sec. 320603(b), Sept. 13, 1994, 108 Stat. 2118, added items 1033 and 1034. 1990 - Pub. L. 101-647, title XXV, Sec. 2501(b), title XXXV, Sec. 3532, Nov. 29, 1990, 104 Stat. 4860, 4925, inserted a period after "1031" and added item 1032. 1989 - Pub. L. 101-73, title IX, Secs. 961(g)(2), 962(a)(4), Aug. 9, 1989, 103 Stat. 500, 502, struck out item 1008 "Federal Savings and Loan Insurance Corporation transactions" and item 1009 "Rumors regarding Federal Savings and Loan Insurance Corporation". 1988 - Pub. L. 100-700, Sec. 2(c), Nov. 19, 1988, 102 Stat. 4632, added item 1031. 1984 - Pub. L. 98-473, title II, Secs. 1602(b), 2102(b), Oct. 12, 1984, 98 Stat. 2184, 2192, added items 1029 and 1030. 1982 - Pub. L. 97-398, Sec. 3, Dec. 31, 1982, 96 Stat. 2010, added item 1028. 1974 - Pub. L. 93-406, title I, Sec. 111(a)(2)(B)(iii), Sept. 2, 1974, 88 Stat. 852, substituted "Employee Retirement Income Security Act of 1974" for "Welfare and Pension Plans Disclosure Act" in item 1027. 1967 - Pub. L. 90-19, Sec. 24(e), May 25, 1967, 81 Stat. 28, included "Department of Housing and Urban Development" in item 1010, and substituted the same for "Public Housing Administration" in item 1012. 1962 - Pub. L. 87-420, Sec. 17(d), Mar. 20, 1962, 76 Stat. 42, added item 1027. 1951 - Act Oct. 31, 1951, ch. 655, Sec. 25, 65 Stat. 720, substituted "Public Housing Administration" for "United States Housing Authority" in item 1012. 1949 - Act May 24, 1949, ch. 139, Secs. 18, 19, 63 Stat. 92, corrected spelling in item 1012 and substituted "officers" for "offices" in item 1019. -FOOTNOTE- (!1) Section catchline amended by Pub. L. 108-21 without corresponding amendment of chapter analysis. -End- -CITE- 18 USC Sec. 1001 01/02/2006 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 47 - FRAUD AND FALSE STATEMENTS -HEAD- Sec. 1001. Statements or entries generally -STATUTE- (a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully - (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. (b) Subsection (a) does not apply to a party to a judicial proceeding, or that party's counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding. (c) With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to - (1) administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or (2) any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate. -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; Pub. L. 104-292, Sec. 2, Oct. 11, 1996, 110 Stat. 3459; Pub. L. 108-458, title VI, Sec. 6703(a), Dec. 17, 2004, 118 Stat. 3766.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 80 (Mar. 4, 1909, ch. 321, Sec. 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52 Stat. 197). Section 80 of title 18, U.S.C., 1940 ed., was divided into two parts. The provision relating to false claims was incorporated in section 287 of this title. Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in section 2 of this title. Words "or any corporation in which the United States of America is a stockholder" in said section 80 were omitted as unnecessary in view of definition of "agency" in section 6 of this title. In addition to minor changes of phraseology, the maximum term of imprisonment was changed from 10 to 5 years to be consistent with comparable sections. (See reviser's note under section 287 of this title.) AMENDMENTS 2004 - Subsec. (a). Pub. L. 108-458 substituted "be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both" for "be fined under this title or imprisoned not more than 5 years, or both" in concluding provisions. 1996 - Pub. L. 104-292 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: "Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined under this title or imprisoned not more than five years, or both." 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $10,000". -CHANGE- CHANGE OF NAME Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of Pub. L. 101-650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. -MISC2- SHORT TITLE OF 2004 AMENDMENT Pub. L. 108-275, Sec. 1, July 15, 2004, 118 Stat. 831, provided that: "This Act [enacting section 1028A of this title, amending sections 641 and 1028 of this title, and enacting provisions listed in a table relating to sentencing guidelines set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure] may be cited as the 'Identity Theft Penalty Enhancement Act'." SHORT TITLE OF 2003 AMENDMENT Pub. L. 108-21, title VI, Sec. 607(a), Apr. 30, 2003, 117 Stat. 689, provided that: "This section [amending section 1028 of this title] may be cited as the 'Secure Authentication Feature and Enhanced Identification Defense Act of 2003' or 'SAFE ID Act'." SHORT TITLE OF 2000 AMENDMENT Pub. L. 106-578, Sec. 1, Dec. 28, 2000, 114 Stat. 3075, provided that: "This Act [amending section 1028 of this title, repealing section 1738 of this title, and enacting provisions set out as notes under section 1028 of this title] may be cited as the 'Internet False Identification Prevention 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'." -End- -CITE- 18 USC Sec. 1002 01/02/2006 -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 01/02/2006 -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 01/02/2006 -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 01/02/2006 -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. 101-647, Sec. 2595(a)(3)(C). See below. Pub. L. 101-647, Sec. 2595(a)(3)(C), inserted "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." at end of sixth par. 1989 - Pub. L. 101-73 in first par. inserted "bank or savings and loan holding company," after "member bank,", in third par. inserted "or company" after "bank" wherever appearing and substituted a semicolon for the dash after "Federal Reserve System", added fourth par. reading: "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 - ", and, in fifth par. substituted "$1,000,000" for "$5,000" and "20 years" for "five years". -TRANS- EXCEPTION AS TO TRANSFER OF FUNCTIONS Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, were not included in transfer of functions of officers, agencies and employees of Department of the Treasury to 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, set out in the Appendix to Title 5, Government Organization and Employees. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 18 USC Sec. 1006 01/02/2006 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 47 - FRAUD AND FALSE STATEMENTS -HEAD- Sec. 1006. Federal credit institution entries, reports and transactions -STATUTE- Whoever, being an officer, agent or employee of or connected in any capacity with the Federal Deposit Insurance Corporation, National Credit Union Administration, Office of Thrift Supervision, any Federal home loan bank, the Federal Housing Finance Board, the Resolution Trust Corporation, Farm Credit Administration, Department of Housing and Urban Development, Federal Crop Insurance Corporation, the Secretary of Agriculture acting through the Farmers Home Administration or successor agency, the Rural Development Administration or successor agency, or the Farm Credit System Insurance Corporation, a Farm Credit Bank, a bank for cooperatives or any lending, mortgage, insurance, credit or savings and loan corporation or association authorized or acting under the laws of the United States or any institution, other than an insured bank (as defined in section 656), the accounts of which are insured by the Federal Deposit Insurance Corporation, or by the National Credit Union Administration Board or any small business investment company, with intent to defraud any such institution or any other company, body politic or corporate, or any individual, or to deceive any officer, auditor, examiner or agent of any such institution or of department or agency of the United States, makes any false entry in any book, report or statement of or to any such institution, or without being duly authorized, draws any order or bill of exchange, makes any acceptance, or issues, puts forth or assigns any note, debenture, bond or other obligation, or draft, bill of exchange, mortgage, judgment, or decree, or, with intent to defraud the United States or any agency thereof, or any corporation, institution, or association 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 corporation, institution, or association, 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. 750; May 24, 1949, ch. 139, Sec. 20, 63 Stat. 92; July 28, 1956, ch. 773, Sec. 2, 70 Stat. 714; Pub. L. 85-699, title VII, Sec. 704, Aug. 21, 1958, 72 Stat. 698; Pub. L. 87-353, Sec. 3(s), Oct. 4, 1961, 75 Stat. 774; Pub. L. 90-19, Sec. 24(a), May 25, 1967, 81 Stat. 27; Pub. L. 91-468, Sec. 6, Oct. 19, 1970, 84 Stat. 1016; Pub. L. 101-73, title IX, Secs. 961(e), 962(a)(7), (8)(A), Aug. 9, 1989, 103 Stat. 500, 502; Pub. L. 101- 624, title XXIII, Sec. 2303(e), Nov. 28, 1990, 104 Stat. 3981; Pub. L. 101-647, title XVI, Sec. 1603, title XXV, Secs. 2504(e), 2595(a)(4), Nov. 29, 1990, 104 Stat. 4843, 4861, 4907; Pub. L. 103- 322, title XXXIII, Sec. 330004(6), Sept. 13, 1994, 108 Stat. 2141; Pub. L. 106-78, title VII, Sec. 767, Oct. 22, 1999, 113 Stat. 1174.) -MISC1- HISTORICAL AND REVISION NOTES 1948 ACT Based on sections 1026(b) and 1514(c) of title 7, U.S.C., 1940 ed., Agriculture, sections 264(u), 984, 1121, 1138d(c), 1311, 1441(c), 1467(c) and 1731(c) of title 12, U.S.C., 1940 ed., Banks and Banking, and section 616(c) of title 15, U.S.C., 1940 ed., Commerce and Trade (Dec. 23, 1913, ch. 6, Sec. 12B(u), as added June 16, 1933, ch. 89, Sec. 8, 48 Stat. 178; July 17, 1916, ch. 245, Sec. 31, fourth par., 39 Stat. 383; July 17, 1916, ch. 245, Sec. 211(a), as added Mar. 4, 1923, ch. 252, Sec. 2, 42 Stat. 1459; Mar. 4, 1923, ch. 252, title II, Sec. 216(a), 42 Stat. 1471; Jan. 22, 1932, ch. 8, Sec. 16(c), 47 Stat. 11; July 22, 1932, ch. 522, Sec. 21(c), 47 Stat. 738; Ex. Ord. No. 6084, Mar. 27, 1933; June 13, 1933, ch. 64, Sec. 8(c), 48 Stat. 135; June 16, 1933, ch. 98, Sec. 64(c), 48 Stat. 268; Jan. 31, 1934, ch. 7, Sec. 13, 48 Stat. 347; June 27, 1934, ch. 847, Sec. 512(c), 48 Stat. 1265; Aug. 23, 1935, ch. 614, Sec. 101, 49 Stat. 701; July 22, 1937, ch. 517, title IV, Sec. 52(b), 50 Stat. 532; Feb. 16, 1938, ch. 30, title V, Sec. 514(c), 52 Stat. 76; Aug. 14, 1946, ch. 964, Sec. 3, 60 Stat. 1064). Each of the eleven sections from which this section was derived contained similar provisions relating to embezzlement, false entries, and fraudulent issuance or assignment of obligations with respect to one or more named agencies or corporations. These were divided and the false entry and fraudulent issuance or assignment of obligation provisions of all, form the basis of this section. The remaining provisions of each section, relating to embezzlement and misapplication, form the basis for section 657 of this title. That portion of said section 616(c) of title 15, relating to disclosure of information, forms the basis for section 1904 of this title. Each revised section condenses and simplifies the constituent provisions without change of substance except as herein indicated. The punishment provisions in each section were the same except that in section 1026(b) of title 7, U.S.C., 1940 ed., and sections 984, 1121, and 1311 of title 12, U.S.C., 1940 ed., the maximum fine was $5,000. This consolidated section adopts the $10,000 maximum fine provided by the seven other sections. References to persons aiding or abetting contained in sections 984, 1121, and 1311 of title 12, U.S.C., 1940 ed., were omitted as unnecessary, as such persons are made principals by section 2 of this title. The term "receiver," used in sections 1121 and 1311 of title 12, U.S.C., 1940 ed., with reference to Federal intermediate credit banks and agricultural credit corporations, was omitted as this term is undoubtedly embraced in the phrase "or connected in any capacity with." The term "or of any department or agency of the United States" was inserted in order to clarify the sweeping provisions against fraudulent acts and to eliminate any possible ambiguity as to scope of section. (See definitions of "department" and "agency" in section 6 of this title.) Words "shall be deemed guilty of a misdemeanor", contained in section 1311 of title 12, U.S.C., 1940 ed., were omitted as unnecessary, in view of definition of misdemeanor in section 1 of this title. Words "and upon conviction", contained in section 1311 of title 12, U.S.C., 1940 ed., were omitted as surplusage, because punishment cannot be imposed until after conviction. Words "in any district court of the United States", contained in section 1311 of title 12, U.S.C., 1940 ed., were omitted as unnecessary, because section 3231 of this title confers jurisdiction on the Federal district courts of all crimes and offenses defined in this title. The conspiracy provisions of section 1138d(f) of title 12, U.S.C., 1940 ed., Banks and Banking, were not added to this consolidated section for reasons stated in reviser's note under section 493 of this title. (See also reviser's note under section 371 of this title.) 1949 ACT [Section 20] conforms section 1006 of title 18, U.S.C., to administrative practice which in turn was modified to comply with congressional policy. (See note to sec. 11 [of 1949 Act, set out in Historical and Revision Notes under section 657 of this title]). AMENDMENTS 1999 - Pub. L. 106-78 inserted "or successor agency" after "Farmers Home Administration" and after "Rural Development Administration". 1994 - Pub. L. 103-322 struck out "Reconstruction Finance Corporation," after "in any capacity with the" and "Farmers' Home Corporation," after "Federal Crop Insurance Corporation,". 1990 - Pub. L. 101-647, Sec. 2595(a)(4), substituted "Office of Thrift Supervision, any Federal home loan bank, the Federal Housing Finance Board, the Resolution Trust Corporation," for "Home Owners' Loan Corporation,", and directed substitution of "institution, other than an insured bank (as defined in section 656), the accounts of which are insured by the Federal Deposit Insurance Corporation", for "institution the accounts of which are insured by the Federal Savings and Loan Insurance Corporation" which was executed by making the substitution for "institution the accounts of which are insured by the Federal Deposit Insurance Corporation" to reflect the probable intent of Congress and intervening amendment by Pub. L. 101-647, Sec. 1603, see below. Pub. L. 101-647, Sec. 2504(e), substituted "30" for "20" before "years". Pub. L. 101-647, Sec. 1603, substituted "Federal Deposit Insurance Corporation" for "Federal Savings and Loan Insurance Corporation". Pub. L. 101-624 substituted "Farmers Home Administration, the Rural Development Administration" for "Farmers' Home Administration". 1989 - Pub. L. 101-73, Sec. 962(a)(8)(A), substituted "the Farm Credit System Insurance Corporation, a Farm Credit Bank, a" for "any land bank, intermediate credit bank,". Pub. L. 101-73, Sec. 962(a)(7), substituted "National Credit Union Administration Board" for "Administrator of the National Credit Union Administration". Pub. L. 101-73, Sec. 961(e), substituted "$1,000,000" for "$10,000" and "20 years" for "five years". 1970 - Pub. L. 91-468 added National Credit Union Administration and its Administrator to the enumeration of Federal Credit institutions and personnel. 1967 - Pub. L. 90-19 substituted "Department of Housing and Urban Development" for "Federal Housing Administration". 1961 - Pub. L. 87-353 struck out reference to Federal Farm Mortgage Corporation. 1958 - Pub. L. 85-699 included officers, agents or employees of or connected in any capacity with small business investment companies. 1956 - Act July 28, 1956, included officers, agents or employees of or connected in any capacity with any institution the accounts of which are insured by the Federal Savings and Loan Insurance Corporation. 1949 - Act May 24, 1949, inserted reference Secretary of Agriculture acting through the Farmers' Home Administration. -TRANS- EXCEPTIONS FROM TRANSFER OF FUNCTIONS Functions of Corporations of Department of Agriculture, boards of directors and officers of such corporations, Advisory Board of Commodity Credit Corporation, and Farm Credit Administration or any agency, officer or entity of, under, or subject to supervision of said Administration excepted from functions of officers, agencies, and employees transferred to Secretary of Agriculture by Reorg. Plan No. 2 of 1953, Sec. 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to Title 5, Government Organization and Employees. NATIONAL CREDIT UNION ADMINISTRATION Establishment as independent agency, membership etc., see section 1752 et seq. of Title 12, Banks and Banking. FARM CREDIT ADMINISTRATION Establishment of Farm Credit Administration as independent agency, and other changes in status, function, etc., see Ex. Ord. No. 6084, set out prec. section 2241 of Title 12, Banks and Banking. See also section 2001 et seq. of Title 12. -End- -CITE- 18 USC Sec. 1007 01/02/2006 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 47 - FRAUD AND FALSE STATEMENTS -HEAD- Sec. 1007. Federal Deposit Insurance Corporation transactions -STATUTE- Whoever, for the purpose of influencing in any way the action of the Federal Deposit Insurance Corporation, knowingly makes or invites reliance on a false, forged, or counterfeit statement, document, or thing 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. 750; Pub. L. 101-73, title IX, Sec. 961(f), Aug. 9, 1989, 103 Stat. 500; Pub. L. 101-647, title XXV, Sec. 2504(f), Nov. 29, 1990, 104 Stat. 4861; Pub. L. 103-322, title XXXIII, Sec. 330002(c), Sept. 13, 1994, 108 Stat. 2140.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 264(s) of title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 23, 1913, ch. 6, Sec. 12B(s), as added June 16, 1933, ch. 89, Sec. 8, 48 Stat. 177; Aug. 23, 1935, ch. 614, Sec. 101, 49 Stat. 700). Words "Federal Deposit Insurance" were inserted before "Corporation" in three places, so as to identify said Corporation, and phrase "under this section" was omitted as no longer applicable, considering transfer of this section to this title. Minor changes were made in phraseology. AMENDMENTS 1994 - Pub. L. 103-322 substituted "transactions" for "Transactions" in section catchline. 1990 - Pub. L. 101-647 substituted "30" for "20" before "years". 1989 - Pub. L. 101-73 substituted "Transactions" for "transactions" in section catchline and amended text generally. Prior to amendment, text read as follows: "Whoever, for the purpose of obtaining any loan from the Federal Deposit Insurance Corporation, or any extension or renewals thereof, or the acceptance, release, or substitution of security therefor, or for the purpose of inducing the Federal Deposit Insurance Corporation to purchase any assets, or for the purpose of obtaining the payment of any insured deposit or transferred deposit or the allowance, approval, or payment of any claim, or for the purpose of influencing in any way the action of the Federal Deposit Insurance Corporation, makes any statement, knowing it to be false, or willfully overvalues any security, shall be fined not more than $5,000 or imprisoned not more than two years, or both." -End- -CITE- 18 USC Secs. 1008, 1009 01/02/2006 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 47 - FRAUD AND FALSE STATEMENTS -HEAD- [Secs. 1008, 1009. Repealed. Pub. L. 101-73, title IX, Secs. 961(g)(1), 962(a)(3), Aug. 9, 1989, 103 Stat. 500, 502] -MISC1- Section 1008, act June 25, 1948, ch. 645, 62 Stat. 751, provided for fine or imprisonment for certain prohibited actions taken to obtain insurance from, or to influence in any way, the Federal Savings and Loan Insurance Corporation. Section 1009, act June 25, 1948, ch. 645, 62 Stat. 751, provided for fine or imprisonment for making certain statements or rumors, untrue in fact, which were derogatory or affected solvency or financial condition of the Federal Savings and Loan Insurance Corporation. -End- -CITE- 18 USC Sec. 1010 01/02/2006 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 47 - FRAUD AND FALSE STATEMENTS -HEAD- Sec. 1010. Department of Housing and Urban Development and Federal Housing Administration transactions -STATUTE- Whoever, for the purpose of obtaining any loan or advance of credit from any person, partnership, association, or corporation with the intent that such loan or advance of credit shall be offered to or accepted by the Department of Housing and Urban Development for insurance, or for the purpose of obtaining any extension or renewal of any loan, advance of credit, or mortgage insured by such Department, or the acceptance, release, or substitution of any security on such a loan, advance of credit, or for the purpose of influencing in any way the action of such Department, makes, passes, utters, or publishes any statement, knowing the same to be false, or alters, forges, or counterfeits any instrument, paper, or document, or utters, publishes, or passes as true any instrument, paper, or document, knowing it to have been altered, forged, or counterfeited, or willfully overvalues any security, asset, or income, shall be fined under this title or imprisoned not more than two years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 751; Pub. L. 90-19, Sec. 24(c), May 25, 1967, 81 Stat. 28; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 1731(a) of title 12, U.S.C., 1940 ed., Banks and Banking (June 27, 1934, ch. 847, Sec. 512(a), 48 Stat. 1265; Feb. 3, 1938, ch. 13, Sec. 9, 52 Stat. 24). Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in section 2 of this title. "$5,000" was substituted for "$3,000" to make this section more consistent in its punishment provisions with comparable sections. (See section 1008 of this title.) Minor changes in phraseology were made. AMENDMENTS 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $5,000". 1967 - Pub. L. 90-19 included reference to Department of Housing and Urban Development in section catchline and substituted in text "Department of Housing and Urban Development" for "Federal Housing Administration" and "Department" for "Administration" in two places, respectively. -End- -CITE- 18 USC Sec. 1011 01/02/2006 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 47 - FRAUD AND FALSE STATEMENTS -HEAD- Sec. 1011. Federal land bank mortgage transactions -STATUTE- Whoever, being a mortgagee, knowingly makes any false statement in any paper, proposal, or letter, relating to the sale of any mortgage, to any Federal land bank; or Whoever, being an appraiser, willfully over-values any land securing such mortgage - Shall be fined under this title or imprisoned not more than one year, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 751; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 987 of title 12, U.S.C., 1940 ed., Banks and Banking (July 17, 1916, ch. 245, Sec. 31, seventh paragraph, as added June 16, 1933, ch. 98, Sec. 78, 48 Stat. 272). Minor changes were made in phraseology. AMENDMENTS 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $5,000" in last par. -End- -CITE- 18 USC Sec. 1012 01/02/2006 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 47 - FRAUD AND FALSE STATEMENTS -HEAD- Sec. 1012. Department of Housing and Urban Development transactions -STATUTE- Whoever, with intent to defraud, makes any false entry in any book of the Department of Housing and Urban Development or makes any false report or statement to or for such Department; or Whoever receives any compensation, rebate, or reward, with intent to defraud such Department or with intent unlawfully to defeat its purposes; or Whoever induces or influences such Department to purchase or acquire any property or to enter into any contract and willfully fails to disclose any interest which he has in such property or in the property to which such contract relates, or any special benefit which he expects to receive as a result of such contract - Shall be fined under this title or imprisoned not more than one year, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 752; Oct. 31, 1951, ch. 655, Sec. 26, 65 Stat. 720; Pub. L. 90-19, Sec. 24(d), May 25, 1967, 81 Stat. 28; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) -MISC1- HISTORICAL AND REVISION NOTES Based on sections 1423-1425 of title 42, U.S.C., 1940 ed., The Public Health and Welfare (Sept. 1, 1937, ch. 896, Secs. 23-25, 50 Stat. 899). Three sections were consolidated with changes of phraseology and arrangement necessary to effect consolidation. Words "upon conviction thereof", in each section were omitted as surplusage since punishment cannot be imposed until after conviction. The provisions of section 1424 of title 42, U.S.C., 1940 ed., The Public Health and Welfare, relating to conspiracy were omitted as inconsistent with the general conspiracy statute, section 371 of this title, both as to punishment and allegation and proof of an overt act. (See reviser's note under section 493 of this title.) AMENDMENTS 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $1,000" in last par. 1967 - Pub. L. 90-19 substituted "Department of Housing and Urban Development" for "Public Housing Administration" in section catchline and text, and "Department" for "Administration" wherever appearing in text. 1951 - Act Oct. 31, 1951, substituted "Public Housing Administration" for "United States Housing Authority" in section catchline and text, and "Administration" for "Authority", wherever appearing in text. -End- -CITE- 18 USC Sec. 1013 01/02/2006 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 47 - FRAUD AND FALSE STATEMENTS -HEAD- Sec. 1013. Farm loan bonds and credit bank debentures -STATUTE- Whoever deceives, defrauds, or imposes upon, or attempts to deceive, defraud, or impose upon any person, partnership, corporation, or association by making any false pretense or representation concerning the character, issue, security, contents, conditions, or terms of any farm loan bond, or coupon, issued by any Federal land bank or banks; or of any debenture, coupon, or other obligation, issued by any Federal intermediate credit bank or banks; or by falsely pretending or representing that any farm loan bond, or coupon, is anything other than, or different from, what it purports to be on the face of said bond or coupon, shall be fined under this title or imprisoned not more than one year, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 752; Pub. L. 97-297, Sec. 4(a), Oct. 12, 1982, 96 Stat. 1318; Pub. L. 103-322, title XXXIII, Secs. 330004(8), 330016(1)(G), Sept. 13, 1994, 108 Stat. 2141, 2147.) -MISC1- HISTORICAL AND REVISION NOTES Based on sections 985, 1127, and 1317 of title 12, U.S.C., 1940 ed., Banks and Banking (July 17, 1916, ch. 245, Sec. 31, fifth paragraph, 39 Stat. 384; July 17, 1916, ch. 245, Sec. 211(g), as added Mar. 4, 1923, ch. 252, Sec. 2, 42 Stat. 1461; Mar. 4, 1923, ch. 252, title II, Sec. 216(g), 42 Stat. 1473). This section condenses and simplifies sections 985, 1127, and 1317 of title 12, U.S.C., 1940 ed., Banks and Banking, each of which contained similar provisions and similar language. The punishment provisions of all three sections were the same. References to "chapter" and "subchapter" were omitted and words describing the various types of banks or organizations to which said sections 985, 1127, and 1317 of title 12, U.S.C., 1940 ed., Banks and Banking, related, were inserted in lieu. This necessitated some rephrasing and transposition of phrases, but without change of meaning or substance. Words "upon conviction" which were contained in sections 1127 and 1317 of title 12, U.S.C., 1940 ed., Banks and Banking, were omitted as surplusage, because punishment cannot be imposed until after conviction. Changes were made in phraseology. AMENDMENTS 1994 - Pub. L. 103-322, Sec. 330016(1)(G), substituted "fined under this title" for "fined not more than $500". Pub. L. 103-322, Sec. 330004(8), struck out ", or by any National Agricultural Credit Corporation" after "credit bank or banks". 1982 - Pub. L. 97-297 struck out ", or by any joint-stock land bank or banks" after "issued by any Federal land bank or banks". -End- -CITE- 18 USC Sec. 1014 01/02/2006 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 47 - FRAUD AND FALSE STATEMENTS -HEAD- Sec. 1014. Loan and credit applications generally; renewals and discounts; crop insurance -STATUTE- Whoever knowingly makes any false statement or report, or willfully overvalues any land, property or security, for the purpose of influencing in any way the action of the Farm Credit Administration, Federal Crop Insurance Corporation or a company the Corporation reinsures, the Secretary of Agriculture acting through the Farmers Home Administration or successor agency, the Rural Development Administration or successor agency, any Farm Credit Bank, production credit association, agricultural credit association, bank for cooperatives, or any division, officer, or employee thereof, or of any regional agricultural credit corporation established pursuant to law, or a Federal land bank, a Federal land bank association, a Federal Reserve bank, a small business investment company, as defined in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662), or the Small Business Administration in connection with any provision of that Act, a Federal credit union, an insured State-chartered credit union, any institution the accounts of which are insured by the Federal Deposit Insurance Corporation, the Office of Thrift Supervision, any Federal home loan bank, the Federal Housing Finance Board, the Federal Deposit Insurance Corporation, the Resolution Trust Corporation, the Farm Credit System Insurance Corporation, or the National Credit Union Administration Board, 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 an organization operating under section 25 or section 25(a) (!1) of the Federal Reserve Act, upon any application, advance, discount, purchase, purchase agreement, repurchase agreement, commitment, or loan, or any change or extension of any of the same, by renewal, deferment of action or otherwise, or the acceptance, release, or substitution of security therefor, shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both. The term "State-chartered credit union" includes a credit union chartered under the laws of a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 752; May 24, 1949, ch. 139, Sec. 21, 63 Stat. 92; July 26, 1956, ch. 741, title I, Sec. 109, 70 Stat. 667; Pub. L. 85-699, title VII, Sec. 705, Aug. 21, 1958, 72 Stat. 699; Pub. L. 86-168, title I, Sec. 104(h), Aug. 18, 1959, 73 Stat. 387; Pub. L. 87-353, Sec. 3(t), Oct. 4, 1961, 75 Stat. 774; Pub. L. 88-353, Sec. 5, July 2, 1964, 78 Stat. 269; Pub. L. 91-468, Sec. 7, Oct. 19, 1970, 84 Stat. 1017; Pub. L. 91-609, title IX, Sec. 915, Dec. 31, 1970, 84 Stat. 1815; Pub. L. 97-297, Sec. 4(b), Oct. 12, 1982, 96 Stat. 1318; Pub. L. 101-73, title IX, Secs. 961(h), 962(a)(7), (8)(B), Aug. 9, 1989, 103 Stat. 500, 502; Pub. L. 101-624, title XXIII, Sec. 2303(e), Nov. 28, 1990, 104 Stat. 3981; Pub. L. 101-647, title XXV, Secs. 2504(g), 2595(a)(5), 2597(i), Nov. 29, 1990, 104 Stat. 4861, 4907, 4910; Pub. L. 103- 322, title XXXIII, Secs. 330002(d), 330008(8), Sept. 13, 1994, 108 Stat. 2140, 2143; Pub. L. 103-354, title I, Sec. 119(e), Oct. 13, 1994, 108 Stat. 3208; Pub. L. 104-294, title VI, Secs. 602(b), 604(b)(22), 605(b), 607(d), Oct. 11, 1996, 110 Stat. 3503, 3508, 3509, 3511; Pub. L. 106-78, title VII, Sec. 767, Oct. 22, 1999, 113 Stat. 1174; Pub. L. 107-100, Sec. 4(a), Dec. 21, 2001, 115 Stat. 966.) -MISC1- HISTORICAL AND REVISION NOTES 1948 ACT Based on sections 1026(a) and 1514(a) of title 7, U.S.C., 1940 ed., Agriculture, sections 596, 981, 1122, 1123, 1138d(a), 1248, 1312, 1313, 1441(a), and 1467(a), of title 12, U.S.C., 1940 ed., Banks and Banking, and section 616(a) of title 15, U.S.C., 1940 ed., Commerce and Trade (Dec. 23, 1913, ch. 6, Sec. 22(h), as added June 19, 1934, ch. 653, Sec. 3, 48 Stat. 1107; July 17, 1916, ch. 245, Sec. 31, first paragraph, 39 Stat. 382; July 17, 1916, ch. 245, Sec. 211(b), (c), as added Mar. 4, 1923, ch. 252, Sec. 2, 42 Stat. 1460; Mar. 4, 1923, ch. 252, title II, Secs. 209(h), 216(b), (c), 42 Stat. 1468, 1472; Jan. 22, 1932, ch. 8, Sec. 16 (a), 47 Stat. 11; July 22, 1932, ch. 522, Sec. 21(a), 47 Stat. 738; June 13, 1933, ch. 64, Sec. 8(a), 48 Stat. 134; June 16, 1933, ch. 98, Sec. 64(a), 48 Stat. 267; Jan. 31, 1934, ch. 7, Sec. 13, 48 Stat. 347; June 3, 1935, ch. 164, Sec. 21, 49 Stat. 319; July 22, 1937, ch. 517, title IV, Sec. 52(a); 50 Stat. 531; Feb. 16, 1938, ch. 30, title V, Sec. 514(a), 52 Stat. 76; Aug. 14, 1946, ch. 964, Sec. 3, 60 Stat. 1064). Each of the 13 sections from which this section was derived contained similar provisions either relating to false representations and statements, or overvaluation of security, with respect to one or more of the named banks, agencies, or corporations. These were consolidated and the false statement and security overvaluation provisions of all, form the basis of this section. The provisions of section 981 of title 12, U.S.C., 1940 ed., Banks and Banking, relating to acceptance of loans or gratuities by examiners, were consolidated with similar provisions from other sections to form section 218 [now section 213] of this title. The provisions of said section 981 of title 12, U.S.C., 1940 ed., Banks and Banking, prohibiting land bank and national farm loan association examiners from performing "any other service for compensation for any bank or banking or loan association, or for any person connected therewith in any capacity" were consolidated with similar provisions from other sections to form section 1909 of this title. Eight of the consolidated sections contained identical punishment, each providing for a maximum fine of $5,000 and maximum imprisonment of 2 years. Two sections provided for a maximum fine of $10,000 and maximum imprisonment of 5 years. One section provided for maximum fine of $5,000 and maximum imprisonment of 5 years, one section provided for maximum fine of $2,000 and maximum imprisonment of 2 years, and one section provided for maximum fine of $5,000 and maximum imprisonment of 1 year. The punishment by maximum fine of $5,000 or maximum imprisonment of 2 years, or both, provided in this consolidated section was adopted as most consistent with the greater number of comparable sections. (See sections 1008 and 1010 of this title.) This is a reasonable reconciliation of the conflicting punishment provisions and adequate for the offenses described. The enumeration of "application, advance, discount, purchase, purchase agreement, repurchase agreement, commitment, or loan" and the wording "or any change or extension of any of the same, by renewal, deferment of action or otherwise, or the acceptance, release, or substitution of security therefor" does not occur in any one of the original sections, but such enumeration and such wording are adequate, and they represent a composite of terms and transactions mentioned in each. In addition, changes were made in phraseology to secure uniformity of style, and some rephrasing was necessary, but the consolidation was without change of substance except as above indicated. Section 1138d(f) of Title 12, U.S.C., 1940 ed., Banks and Banking, relating to conspiracy, was not added to this consolidated section for reasons given in reviser's note under section 493 of this title. 1949 ACT [Section 21] conforms section 1014 of Title 18 U.S.C., to administrative practice which in turn was modified to comply with congressional policy. (See note to sec. 11 [of 1949 Act, set out in Historical and Revision note under section 657 of this title]). -REFTEXT- REFERENCES IN TEXT The Small Business Investment Act of 1958, referred to in text, is Pub. L. 85-699, Aug. 21, 1958, 72 Stat. 689, as amended, which is classified principally to chapter 14B (Sec. 661 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 661 of Title 15 and Tables. 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. -MISC2- AMENDMENTS 2001 - Pub. L. 107-100 inserted ", as defined in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662), or the Small Business Administration in connection with any provision of that Act" after "small business investment company". 1999 - Pub. L. 106-78 inserted "or successor agency" after "Farmers Home Administration" and after "Rural Development Administration". 1996 - Pub. L. 104-294, Secs. 602(b), 607(d), struck out "Reconstruction Finance Corporation," before "Farm Credit Administration", "Farmers' Home Corporation," before "the Secretary of Agriculture", and "of the National Agricultural Credit Corporation," before "a Federal land bank" and inserted at end "The term 'State-chartered credit union' includes a credit union chartered under the laws of a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States." Pub. L. 104-294, Sec. 605(b), amended directory language of Pub. L. 101-73, Sec. 961(h)(1). See 1989 Amendment note below. Pub. L. 104-294, Sec. 604(b)(22), amended directory language of Pub. L. 103-322, Sec. 330002(d). See 1994 Amendment note below. 1994 - Pub. L. 103-354 inserted "or a company the Corporation reinsures" after "Federal Crop Insurance Corporation". Pub. L. 103-322, Sec. 330008(8), inserted comma after "National Credit Union Administration Board". Pub. L. 103-322, Sec. 330002(d), as amended by Pub. L. 104-294, Sec. 604(b)(22), struck out a comma after "National Agricultural Credit Corporation," and after "section 25(a) of the Federal Reserve Act,". 1990 - Pub. L. 101-647, Sec. 2597(i), inserted "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 an organization operating under section 25 or section 25(a) of the Federal Reserve Act," after "or the National Credit Union Administration Board". Pub. L. 101-647, Sec. 2595(a)(5), substituted "the Office of Thrift Supervision, any Federal home loan bank, the Federal Housing Finance Board," for "the Federal Home Loan Bank System," and inserted a comma after "Resolution Trust Corporation". Pub. L. 101-647, Sec. 2504(g), substituted "30" for "20" before "years". Pub. L. 101-624 substituted "Farmers Home Administration, the Rural Development Administration" for "Farmers' Home Administration". 1989 - Pub. L. 101-73, Sec. 962(a)(8)(B)(i), substituted "any Farm Credit Bank, production credit association, agricultural credit association, bank for cooperatives, or any division, officer, or employee thereof" for "any Federal intermediate credit bank, or any division, officer, or employee thereof, or of any corporation organized under sections 1131-1134m of Title 12". Pub. L. 101-73, Sec. 962(a)(8)(B)(ii), substituted "Farm Credit System Insurance Corporation" for "Federal Savings and Loan Insurance Corporation". Pub. L. 101-73, Sec. 962(a)(7), substituted "National Credit Union Administration Board" for "Administrator of the National Credit Union Administration". Pub. L. 101-73, Sec. 961(h)(2), (3), (5), (6), struck out "the Federal Savings and Loan Insurance Corporation, any bank the deposits of which are insured by" after "the accounts of which are insured by", struck out "any member of" before "the Federal Home Loan Bank System", and substituted "$1,000,000" for "$5,000" and "20 years" for "two years". Pub. L. 101-73, Sec. 961(h)(1), as amended by Pub. L. 104-294, Sec. 605(b), struck out "a Federal Home Loan Bank, the Federal Home Loan Bank Board, the Home Owners' Loan Corporation, a Federal Savings and Loan Association" after "National Agricultural Credit Corporation,". Pub. L. 101-73, Sec. 961(h)(4), which directed the insertion of "the Resolution Trust Corporation" after "Federal Deposit Insurance Corporation," was executed by making the insertion after the second appearance of "Federal Deposit Insurance Corporation," as the probable intent of Congress. 1982 - Pub. L. 97-297 struck out "a joint-stock land bank," after "a Federal land bank,". 1970 - Pub. L. 91-609 extended criminal penalty for fraud or false statements to influence any institution the accounts of which are insured by the Federal Savings and Loan Insurance Corporation, any bank the deposits of which are insured by the Federal Deposit Insurance Corporation, any member of the Federal Home Loan Bank System, the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, or the Administrator of the National Credit Union Administration. Pub. L. 91-468 substituted "a Federal credit union, or an insured State-chartered credit union" for "or a Federal credit union". 1964 - Pub. L. 88-353 inserted reference to Federal credit unions. 1961 - Pub. L. 87-353 struck out reference to Federal Farm Mortgage Corporation. 1959 - Pub. L. 86-168 substituted "Federal land bank association" for "National farm loan association". 1958 - Pub. L. 85-699 inserted reference to small business investment companies. 1956 - Act July 26, 1956, struck out reference to corporations in which a Production Credit Corporation holds stock. 1949 - Act May 24, 1949, inserted reference to Secretary of Agriculture acting through the Farmers' Home Administration. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 604(b)(22) of Pub. L. 104-294 effective Sept. 13, 1994, see section 604(d) of Pub. L. 104-294, set out as a note under section 13 of this title. Section 605(b) of Pub. L. 104-294 provided that the amendment by that section to section 961(h) of Pub. L. 101-73 was effective on the date of enactment of Pub. L. 101-73, which was approved Aug. 9, 1989. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-354 effective Oct. 13, 1994, and applicable to provision of crop insurance under Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) beginning with 1995 crop year, with such Act, as in effect on the day before Oct. 13, 1994, to continue to apply with respect to 1994 crop year, see section 120 of Pub. L. 103-354, set out as a note under section 1502 of Title 7, Agriculture. EFFECTIVE DATE OF 1959 AMENDMENT Amendment by Pub. L. 86-168 effective Dec. 31, 1959, see section 104(k) of Pub. L. 86-168. EFFECTIVE DATE OF 1956 AMENDMENT Amendment by act July 26, 1956, effective Jan. 1, 1957, see section 202(a) of that act, set out as an Effective Date note under section 1027 of Title 12, Banks and Banking. -TRANS- FARM CREDIT ADMINISTRATION Establishment of Farm Credit Administration as independent agency, and other changes in status, function, etc., see Ex. Ord. No. 6084 set out prec. section 2241 of Title 12, Banks and Banking. See also section 2001 et seq. of Title 12. NATIONAL CREDIT UNION ADMINISTRATION Establishment as independent agency, membership, etc., see section 1752 et seq. of Title 12, Banks and Banking. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 18 USC Sec. 1015 01/02/2006 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 47 - FRAUD AND FALSE STATEMENTS -HEAD- Sec. 1015. Naturalization, citizenship or alien registry -STATUTE- (a) Whoever knowingly makes any false statement under oath, in any case, proceeding, or matter relating to, or under, or by virtue of any law of the United States relating to naturalization, citizenship, or registry of aliens; or (b) Whoever knowingly, with intent to avoid any duty or liability imposed or required by law, denies that he has been naturalized or admitted to be a citizen, after having been so naturalized or admitted; or (c) Whoever uses or attempts to use any certificate of arrival, declaration of intention, certificate of naturalization, certificate of citizenship or other documentary evidence of naturalization or of citizenship, or any duplicate or copy thereof, knowing the same to have been procured by fraud or false evidence or without required appearance or hearing of the applicant in court or otherwise unlawfully obtained; or (d) Whoever knowingly makes any false certificate, acknowledgment or statement concerning the appearance before him or the taking of an oath or affirmation or the signature, attestation or execution by any person with respect to any application, declaration, petition, affidavit, deposition, certificate of naturalization, certificate of citizenship or other paper or writing required or authorized by the laws relating to immigration, naturalization, citizenship, or registry of aliens; or (e) Whoever knowingly makes any false statement or claim that he is, or at any time has been, a citizen or national of the United States, with the intent to obtain on behalf of himself, or any other person, any Federal or State benefit or service, or to engage unlawfully in employment in the United States; or (f) Whoever knowingly makes any false statement or claim that he is a citizen of the United States in order to register to vote or to vote in any Federal, State, or local election (including an initiative, recall, or referendum) - Shall be fined under this title or imprisoned not more than five years, or both. Subsection (f) does not apply to an alien if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making the false statement or claim that he or she was a citizen of the United States. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 752; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104-208, div. C, title II, Sec. 215, Sept. 30, 1996, 110 Stat. 3009- 572; Pub. L. 106-395, title II, Sec. 201(d)(2), Oct. 30, 2000, 114 Stat. 1635.) -MISC1- HISTORICAL AND REVISION NOTES Based on subsections (a), paragraphs (1), (16), (17), (19), (32), (b), (d), and (l) of section 746 of title 8, U.S.C., 1940 ed., Aliens and Nationality (Oct. 14, 1940, ch. 876, Sec. 346(a), pars. (1), (16), (17), (19), (32), (b), (d), and (l), 45 Stat. 1163, 1165, 1167). Section consolidates, with minor changes, subsection (a), paragraphs (1), (16), (17), (19), (32), and subsections (b), (d), and (l), of section 746 of title 8, U.S.C., 1940 ed., Aliens and Nationality. Such changes of arrangement and phraseology were made as were appropriate and necessary. AMENDMENTS 2000 - Pub. L. 106-395 inserted at end of concluding provisions "Subsection (f) does not apply to an alien if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making the false statement or claim that he or she was a citizen of the United States." 1996 - Subsecs. (e), (f). Pub. L. 104-208 added subsecs. (e) and (f). 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $5,000" in concluding par. EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106-395 effective as if included in the enactment of section 215 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, div. C of Pub. L. 104-208, and applicable to an alien prosecuted on or after Sept. 30, 1996, except in the case of an alien whose criminal proceeding (including judicial review thereof) has been finally concluded before Oct. 30, 2000, see section 201(d)(3) of Pub. L. 106-395, set out as a note under section 611 of this title. -End- -CITE- 18 USC Sec. 1016 01/02/2006 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 47 - FRAUD AND FALSE STATEMENTS -HEAD- Sec. 1016. Acknowledgment of appearance or oath -STATUTE- Whoever, being an officer authorized to administer oaths or to take and certify acknowledgments, knowingly makes any false acknowledgment, certificate, or statement concerning the appearance before him or the taking of an oath or affirmation by any person with respect to any proposal, contract, bond, undertaking, or other matter submitted to, made with, or taken on behalf of the United States or any department or agency thereof, concerning which an oath or affirmation is required by law or lawful regulation, or with respect to the financial standing of any principal, surety, or other party to any such proposal, contract, bond, undertaking, or other instrument, shall be fined under this title or imprisoned not more than two years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 753; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(I), Sept. 13, 1994, 108 Stat. 2147.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 75 (Mar. 4, 1909, ch. 321, Sec. 31, 35 Stat. 1094). Words "or of any department or agency thereof" were inserted after "United States" so as to remove any ambiguity as to scope of section. (See definitions of "department" and "agency" in section 6 of this title.) AMENDMENTS 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $2,000". -End- -CITE- 18 USC Sec. 1017 01/02/2006 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 47 - FRAUD AND FALSE STATEMENTS -HEAD- Sec. 1017. Government seals wrongfully used and instruments wrongfully sealed -STATUTE- Whoever fraudulently or wrongfully affixes or impresses the seal of any department or agency of the United States, to or upon any certificate, instrument, commission, document, or paper or with knowledge of its fraudulent character, with wrongful or fraudulent intent, uses, buys, procures, sells, or transfers to another any such certificate, instrument, commission, document, or paper, to which or upon which said seal has been so fraudulently affixed or impressed, shall be fined under this title or imprisoned not more than five years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 753; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 130 (June 15, 1917, ch. 30, title X, Sec. 1, 40 Stat. 227). To clarify scope of section and in view of definition of department or agency in section 6 of this title, words "department or agency" were substituted for "executive department, or of any bureau, commission, or office". Slight verbal changes were also made. AMENDMENTS 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $5,000". -End- -CITE- 18 USC Sec. 1018 01/02/2006 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 47 - FRAUD AND FALSE STATEMENTS -HEAD- Sec. 1018. Official certificates or writings -STATUTE- Whoever, being a public officer or other person authorized by any law of the United States to make or give a certificate or other writing, knowingly makes and delivers as true such a certificate or writing, containing any statement which he knows to be false, in a case where the punishment thereof is not elsewhere expressly provided by law, shall be fined under this title or imprisoned not more than one year, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 753; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 195 (Mar. 4, 1909, ch. 321, Sec. 106, 35 Stat. 1107). Minor changes were made in phraseology. AMENDMENTS 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $500". -End- -CITE- 18 USC Sec. 1019 01/02/2006 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 47 - FRAUD AND FALSE STATEMENTS -HEAD- Sec. 1019. Certificates by consular officers -STATUTE- Whoever, being a consul, or vice consul, or other person employed in the consular service of the United States, knowingly certifies falsely to any invoice, or other paper, to which his certificate is authorized or required by law, shall be fined under this title or imprisoned not more than three years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 753; 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. 127 (Mar. 4, 1909, ch. 321, Sec. 70, 35 Stat. 1101). Mandatory punishment provision was rephrased in the alternative. Changes were made in phraseology. AMENDMENTS 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $10,000". -End- -CITE- 18 USC Sec. 1020 01/02/2006 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 47 - FRAUD AND FALSE STATEMENTS -HEAD- Sec. 1020. Highway projects -STATUTE- Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the costs thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction of any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report, or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to a material fact in any statement, certificate, or report submitted pursuant to the provisions of the Federal-Aid Road Act approved July 11, 1916 (39 Stat. 355), as amended and supplemented, Shall be fined under this title or imprisoned not more than five years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 753; Oct. 31, 1951, ch. 655, Sec. 27, 65 Stat. 721; May 6, 1954, ch. 181, Sec. 18, 68 Stat. 76; Pub. L. 89-670, Sec. 10(f), Oct. 15, 1966, 80 Stat. 948; Pub. L. 103- 322, title XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 46 of title 23, U.S.C., 1940 ed., Highways (June 19, 1922, ch. 227, Sec. 4, par. 6, 42 Stat. 661). Words "highway, or related," were inserted before "project" in two places for the purpose of description, in view of transfer from title 23. Words "upon conviction thereof" were omitted as surplusage, because punishment cannot be imposed until a conviction is secured. Changes in phraseology were made. -REFTEXT- REFERENCES IN TEXT The Federal-Aid Road Act approved July 11, 1916 (39 Stat. 355), referred to in text, is act July 11, 1916, ch. 241, 39 Stat. 355, as amended, which was repealed by Pub. L. 85-767, Sec. 2(1), Aug. 27, 1958, 72 Stat. 919. See section 101 et seq. of Title 23, Highways. -MISC2- AMENDMENTS 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $10,000" in last par. 1966 - Pub. L. 89-670 substituted "Secretary of Transportation" for "Secretary of Commerce" wherever appearing. 1954 - Act May 6, 1954, substituted in second par. "with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction" for "for work or materials for the construction"; and in third par. substituted "as to a material fact in any statement, certificate, or report submitted pursuant to the provisions of the Federal-Aid Road Act approved July 11, 1916 (39 Stat. 355), as amended and supplemented" for "in any report required under Title 23, with intent to defraud the United States". 1951 - Act Oct. 31, 1951, substituted "Secretary of Commerce" for "Secretary of Agriculture" in first and second pars. EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89-670 effective Apr. 1, 1967, as prescribed by President and published in Federal Register, see section 16(a), formerly Sec. 15(a), of Pub. L. 89-670 and Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453. -TRANS- TRANSFER OF FUNCTIONS The Bureau of Public Roads, which is the principal road building agency of the Federal Government, and which was formerly under the Department of Agriculture, was redesignated the Public Roads Administration and, with its functions, transferred to the Federal Works Agency, and the functions of the Secretary of Agriculture, with respect thereto, were transferred to the Federal Works Administrator, by Reorg. Plan No. 1 of 1939, Secs. 301, 302, eff. July 1, 1939, 4 F.R. 2727, 53 Stat. 1426, set out in the Appendix to Title 5, Government Organization and Employees. Act June 30, 1949, ch. 288, title I, Sec. 103, 63 Stat. 380, (see text of, and Historical and Revision Notes under, section 303(b) of Title 40, Public Buildings, Property, and Works), abolished the Federal Works Agency, transferred its functions, the functions of all agencies thereof, the functions of the Federal Works Administrator, and the functions of the Commissioner of Public Roads, to the Administrator of General Services, and transferred the Public Roads Administration, which it redesignated the Bureau of Public Roads, to the General Services Administration. Reorg. Plan No. 7 of 1949, eff. Aug. 19, 1949, 14 F.R. 5228, 63 Stat. 1070, set out in the Appendix to Title 5, Government Organization and Employees, transferred such bureau and its functions and personnel to the Department of Commerce, and transferred the functions of the Administrator of General Services, with respect thereto, to the Secretary of Commerce, to be performed by him or, subject to his direction and control, by such officers, employees and agencies of the Department of Commerce as he should designate. Reorg. Plan No. 5 of 1950, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5, Government Organization and Employees, transferred, with certain exceptions not applicable to this section, all functions of all other officers of the Department of Commerce, and all functions of all agencies and employees of such Department, to the Secretary of Commerce, with power vested in him to authorize their performance, or the performance of any of his functions, by any of such other officers, or by any agency or employee of the Department of Commerce. -End- -CITE- 18 USC Sec. 1021 01/02/2006 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 47 - FRAUD AND FALSE STATEMENTS -HEAD- Sec. 1021. Title records -STATUTE- Whoever, being an officer or other person authorized by any law of the United States to record a conveyance of real property or any other instrument which by such law may be recorded, knowingly certifies falsely that such conveyance or instrument has or has not been recorded, shall be fined under this title or imprisoned not more than five years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 754; 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. 194 (Mar. 4, 1909, ch. 321, Sec. 105, 35 Stat. 1107). Words "five years" were substituted for "seven years" as more in conformity with comparable sections of this chapter. Minor change was made in phraseology. AMENDMENTS 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $1,000". -End- -CITE- 18 USC Sec. 1022 01/02/2006 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 47 - FRAUD AND FALSE STATEMENTS -HEAD- Sec. 1022. Delivery of certificate, voucher, receipt for military or naval property -STATUTE- Whoever, being authorized to make or deliver any certificate, voucher, receipt, or other paper certifying the receipt of arms, ammunition, provisions, clothing, or other property used or to be used in the military or naval service, makes or delivers the same to any other person without a full knowledge of the truth of the facts stated therein and with intent to defraud the United States, or any agency thereof, shall be fined under this title or imprisoned not more than ten years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 754; 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. 84 (Mar. 4, 1909, ch. 321, Sec. 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52 Stat. 197). Word "agency" was substituted for "department" so as to eliminate any possible ambiguity as to scope of section. (See definitions of "department" and "agency" in section 6 of this title.) Words "or any corporation in which the United States of America is a stockholder" were omitted as unnecessary in view of definition of "agency" in section 6 of this title. Minor changes were made in phraseology. AMENDMENTS 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $10,000". -End- -CITE- 18 USC Sec. 1023 01/02/2006 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 47 - FRAUD AND FALSE STATEMENTS -HEAD- Sec. 1023. Insufficient delivery of money or property for military or naval service -STATUTE- Whoever, having charge, possession, custody, or control of any money or other public property used or to be used in the military or naval service, with intent to defraud the United States, or any agency thereof, or any corporation in which the United States has a proprietary interest, or intending to conceal such money or other property, delivers to any person having authority to receive the same any amount of such money or other property less than that for which he received a certificate or took a receipt, shall be fined under this title or imprisoned not more than ten years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 754; 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. 85 (Mar. 4, 1909, ch. 321, Sec. 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52 Stat. 197). Word "agency" was substituted for "department" so as to eliminate any possible ambiguity as to scope of section. (See definitions of "department" and "agency" in section 6 of this title.) Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in section 2 of this title. Minor changes were made in phraseology. AMENDMENTS 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $10,000". -End- -CITE- 18 USC Sec. 1024 01/02/2006 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 47 - FRAUD AND FALSE STATEMENTS -HEAD- Sec. 1024. Purchase or receipt of military, naval, or veteran's facilities property -STATUTE- Whoever purchases, or receives in pledge from any person any arms, equipment, ammunition, clothing, military stores, or other property furnished by the United States under a clothing allowance or otherwise, to any member of the Armed Forces of the United States or of the National Guard or Naval Militia, or to any person accompanying, serving, or retained with the land or naval forces and subject to military or naval law, or to any former member of such Armed Forces at or by any hospital, home, or facility maintained by the United States, having knowledge or reason to believe that the property has been taken from the possession of or furnished by the United States under such allowance, or otherwise, shall be fined under this title or imprisoned not more than two years, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 754; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., Sec. 86 (Mar. 4, 1909, ch. 321, Sec. 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52 Stat. 197; Apr. 30, 1940, ch. 164, 54 Stat. 171). Minor changes were made in phraseology. AMENDMENTS 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $500". -End- -CITE- 18 USC Sec. 1025 01/02/2006 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 47 - FRAUD AND FALSE STATEMENTS -HEAD- Sec. 1025. False pretenses on high seas and other waters -STATUTE- Whoever, upon any waters or vessel within the special maritime and territorial jurisdiction of the United States, by any fraud, or false pretense, obtains from any person anything of value, or procures the execution and delivery of any instrument of writing or conveyance of real or personal property, or the signature of any person, as maker, endorser, or guarantor, to or upon any bond, bill, receipt, promissory note, draft, or check, or any other evidence of indebtedness, or fraudulently sells, barters, or disposes of any bond, bill, receipt, promissory note, draft, or check, or other evidence of indebtedness, for value, knowing the same to be worthless, or knowing the signature of the maker, endorser, or guarantor thereof to have been obtained by any false pretenses, shall be fined under this title or imprisoned not more than five years, or both; but if the amount, value or the face value of anything so 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. 755; May 24, 1949, ch. 139, Sec. 22, 63 Stat. 92; 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.) -MISC1- HISTORICAL AND REVISION NOTES 1948 ACT Based on title 18, U.S.C., 1940 ed., Sec. 467a (Mar. 4, 1909, ch. 321, Sec. 288A, as added Aug. 5, 1939, ch. 434, 53 Stat. 1205). Words "upon any waters or vessel within the special maritime and territorial jurisdiction of the United States" were substituted for "upon the high seas or on any waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State, or within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State on board any vessel belonging in whole or in part to the United States or any citizen thereof or to any corporation created by or under the laws of the United States, or of any State, Territory, or District thereof", near beginning of section. The deleted words are not necessary in view of definitive section 7 of this title. Words "whatsoever with intent to defraud" were omitted as being included in the preceding term "false pretenses". The punishment provision was revised to include a misdemeanor punishment (not more than $1,000 or one year, or both) where the offense involves $100 or less. (See reviser's notes under sections 641 and 645 of this title.) 1949 ACT This section [section 22] corrects a typographical error in section 1025 of title 18, U.S.C. 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 $5,000" after "pretenses, shall be" and for "fined not more than $1,000" after "he shall be". 1949 - Act May 24, 1949, corrected spelling of "pretense". -End- -CITE- 18 USC Sec. 1026 01/02/2006 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 47 - FRAUD AND FALSE STATEMENTS -HEAD- Sec. 1026. Compromise, adjustment, or cancellation of farm indebtedness -STATUTE- Whoever knowingly makes any false statement for the purpose of influencing in any way the action of the Secretary of Agriculture, or of any person acting under his authority, in connection with any compromise, adjustment, or cancellation of any farm indebtedness as provided by sections 1150, 1150a, and 1150b of Title 12, shall be fined under this title or imprisoned not more than one year, or both. -SOURCE- (June 25, 1948, ch. 645, 62 Stat. 755; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.) -MISC1- HISTORICAL AND REVISION NOTES Based on section 1150c(a) of title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 20, 1944, ch. 623, Sec. 4(a), 58 Stat. 837). Words "of Agriculture" were inserted after "Secretary" for reasons of identification. Words "upon conviction thereof" were omitted as surplusage, since punishment can not be imposed until after conviction. Other changes were made in phraseology without change of substance. AMENDMENTS 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $1,000". -End- -CITE- 18 USC Sec. 1027 01/02/2006 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 47 - FRAUD AND FALSE STATEMENTS -HEAD- Sec. 1027. False statements and concealment of facts in relation to documents required by the Employee Retirement Income Security Act of 1974 -STATUTE- Whoever, in any document required by title I of the Employee Retirement Income Security Act of 1974 (as amended from time to time) to be published, or kept as part of the records of any employee welfare benefit plan or employee pension benefit plan, or certified to the administrator of any such plan, makes any false statement or representation of fact, knowing it to be false, or knowingly conceals, covers up, or fails to disclose any fact the disclosure of which is required by such title or is necessary to verify, explain, clarify or check for accuracy and completeness any report required by such title to be published or any information required by such title to be certified, shall be fined under this title, or imprisoned not more than five years, or both. -SOURCE- (Added Pub. L. 87-420, Sec. 17(c), Mar. 20, 1962, 76 Stat. 42; amended Pub. L. 93-406, title I, Sec. 111(a)(2)(B)(i), (ii), Sept. 2, 1974, 88 Stat. 851; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) -REFTEXT- REFERENCES IN TEXT The Employee Retirement Income Security Act of 1974, referred to in text, is Pub. L. 93-406, Sept. 2, 1974, 88 Stat. 829, as amended. Title I of the Employee Retirement Income Security Act of 1974 is classified generally to subchapter I (Sec. 1001 et seq.) of chapter 18 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 29 and Tables. -MISC1- AMENDMENTS 1994 - Pub. L. 103-322 substituted "fined under this title" for "fined not more than $10,000". 1974 - Pub. L. 93-406 substituted "Employee Retirement Income Security Act of 1974" for "Welfare and Pension Plans Disclosure Act" in section catchline, and "title I of the Employee Retirement Income Security Act of 1974" and "title" for "the Welfare and Pension Plans Disclosure Act" and "Act", respectively, in text. EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-406 effective Jan. 1, 1975, except as provided in section 1031(b)(2) of Title 29, Labor, see section 1031(b)(1) of Title 29. EFFECTIVE DATE Section effective 90 days after Mar. 20, 1962, see section 19 of Pub. L. 87-420, set out as a note under section 664 of this title. -End- -CITE- 18 USC Sec. 1028 01/02/2006 -EXPCITE- TITLE 18 - CRIMES AND CRIMINAL PROCEDURE PART I - CRIMES CHAPTER 47 - FRAUD AND FALSE STATEMENTS -HEAD- Sec. 1028. Fraud and related activity in connection with identification documents, authentication features, and information -STATUTE- (a) Whoever, in a circumstance described in subsection (c) of this section - (1) knowingly and without lawful authority produces an identification document, authentication feature, or a false identification document; (2) knowingly transfers an identification document, authentication feature, or a false identification document knowing that such document or feature was stolen or produced without lawful authority; (3) knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification documents (other than those issued lawfully for the use of the possessor), authentication features, or false identification documents; (4) knowingly possesses an identification document (other than one issued lawfully for the use of the possessor), authentication feature, or a false identification document, with the intent such document or feature be used to defraud the United States; (5) knowingly produces, transfers, or possesses a document- making implement or authentication feature with the intent such document-making implement or authentication feature will be used in the production of a false identification document or another document-making implement or authentication feature which will be so used; (6) knowingly possesses an identification document or authentication feature that is or appears to be an identification document or authentication feature of the United States which is stolen or produced without lawful authority knowing that such document or feature was stolen or produced without such authority; (7) knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law; or (8) knowingly traffics in false or actual authentication features for use in false identification documents, document- making implements, or means of identification; shall be punished as provided in subsection (b) of this section. (b) The punishment for an offense under subsection (a) of this section is - (1) except as provided in paragraphs (3) and (4), a fine under this title or imprisonment for not more than 15 years, or both, if the offense is - (A) the production or transfer of an identification document, authentication feature, or false identification document that is or appears to be - (i) an identification document or authentication feature issued by or under the authority of the United States; or (ii) a birth certificate, or a driver's license or personal identification card; (B) the production or transfer of more than five identification documents, authentication features, or false identification documents; (C) an offense under paragraph (5) of such subsection; or (D) an offense under paragraph (7) of such subsection that involves the transfer, possession, or use of 1 or more means of identification if, as a result of the offense, any individual committing the offense obtains anything of value aggregating $1,000 or more during any 1-year period; (2) except as provided in paragraphs (3) and (4), a fine under this title or imprisonment for not more than 5 years, or both, if the offense is - (A) any other production, transfer, or use of a means of identification, an identification document,,(!1) authentication feature, or a false identification document; or (B) an offense under paragraph (3) or (7) of such subsection; (3) a fine under this title or imprisonment for not more than 20 years, or both, if the offense is committed - (A) to facilitate a drug trafficking crime (as defined in section 929(a)(2)); (B) in connection with a crime of violence (as defined in section 924(c)(3)); or (C) after a prior conviction under this section becomes final; (4) a fine under this title or imprisonment for not more than 30 years, or both, if the offense is committed to facilitate an act of domestic terrorism (as defined under section 2331(5) of this title) or an act of international terrorism (as defined in section 2331(1) of this title); (5) in the case of any offense under subsection (a), forfeiture to the United States of any personal property used or intended to be used to commit the offense; and (6) a fine under this title or imprisonment for not more than one year, or both, in any other case. (c) The circumstance referred to in subsection (a) of this section is that - (1) the identification document, authentication feature, or false identification document is or appears to be issued by or under the authority of the United States or the document-making implement is designed or suited for making such an identification document, authentication feature, or false identification document; (2) the offense is an offense under subsection (a)(4) of this section; or (3) either - (A) the production, transfer, possession, or use prohibited by this section is in or affects interstate or foreign commerce, including the transfer of a document by electronic means; or (B) the means of identification, identification document, false identification document, or document-making implement is transported in the mail in the course of the production, transfer, possession, or use prohibited by this section. (d) In this section and section 1028A - (1) the term "authentication feature" means any hologram, watermark, certification, symbol, code, image, sequence of numbers or letters, or other feature that either individually or in combination with another feature is used by the issuing authority on an identification document, document-making implement, or means of identification to determine if the document is counterfeit, altered, or otherwise falsified; (2) the term "document-making implement" means any implement, impression, template, computer file, computer disc, electronic device, or computer hardware or software, that is specifically configured or primarily used for making an identification document, a false identification document, or another document- making implement; (3) the term "identification document" means a document made or issued by or under the authority of the United States Government, a State, political subdivision of a State, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals; (4) the term "false identification document" means a document of a type intended or commonly accepted for the purposes of identification of individuals that - (A) is not issued by or under the authority of a governmental entity or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit; and (B) appears to be issued by or under the authority of the United States Government, a State, a political subdivision of a State, a foreign government, a political subdivision of a foreign government, or an international governmental or quasi- governmental organization; (5) the term "false authentication feature" means an authentication feature that - (A) is genuine in origin, but, without the authorization of the issuing authority, has been tampered with or altered for purposes of deceit; (B) is genuine, but has been distributed, or is intended for distribution, without the authorization of the issuing authority and not in connection with a lawfully made identification document, document-making implement, or means of identification to which such authentication feature is intended to be affixed or embedded by the respective issuing authority; or (C) appears to be genuine, but is not; (6) the term "issuing authority" - (A) means any governmental entity or agency that is authorized to issue identification documents, means of identification, or authentication features; and (B) includes the United States Government, a State, a political subdivision of a State, a foreign government, a political subdivision of a foreign government, or an international government or quasi-governmental organization; (7) the term "means of identification" means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any - (A) name, social security number, date of birth, official State or government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number; (B) unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation; (C) unique electronic identification number, address, or routing code; or (D) telecommunication identifying information or access device (as defined in section 1029(e)); (8) the term "personal identification card" means an identification document issued by a State or local government solely for the purpose of identification; (9) the term "produce" includes alter, authenticate, or assemble; (10) the term "transfer" includes selecting an identification document, false identification document, or document-making implement and placing or directing the placement of such identification document, false identification document, or document-making implement on an online location where it is available to others; (11) the term "State" includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession, or territory of the United States; and (12) the term "traffic" means - (A) to transport, transfer, or otherwise dispose of, to another, as consideration for anything of value; or (B) to make or obtain control of with intent to so transport, transfer, or otherwise dispose of. (e) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under chapter 224 of this title. (f) Attempt and Conspiracy. - Any person who attempts or conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy. (g) Forfeiture Procedures. - The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 (other than subsection (d) of that section) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853). (h) Forfeiture; Disposition. - In the circumstance in which any person is convicted of a violation of subsection (a), the court shall order, in addition to the penalty prescribed, the forfeiture and destruction or other disposition of all illicit authentication features, identification documents, document-making implements, or means of identification. (i) Rule of Construction. - For purpose of subsection (a)(7), a single identification document or false identification document that contains 1 or more means of identification shall be construed to be 1 means of identification. -SOURCE- (Added Pub. L. 97-398, Sec. 2, Dec. 31, 1982, 96 Stat. 2009; amended Pub. L. 99-646, Sec. 44(a), Nov. 10, 1986, 100 Stat. 3601; Pub. L. 100-690, title VII, Sec. 7023, Nov. 18, 1988, 102 Stat. 4397; Pub. L. 101-647, title XII, Sec. 1205(e), Nov. 29, 1990, 104 Stat. 4831; Pub. L. 103-322, title XXXIII, Sec. 330016(1)(K), (M), (O), Sept. 13, 1994, 108 Stat. 2147, 2148; Pub. L. 104-208, div. C, title II, Sec. 211(a)(1), Sept. 30, 1996, 110 Stat. 3009-569; Pub. L. 104-294, title VI, Sec. 601(a)(3), (p), Oct. 11, 1996, 110 Stat. 3498, 3502; Pub. L. 105-318, Sec. 3(a)-(h)(1), Oct. 30, 1998, 112 Stat. 3007-3009; Pub. L. 106-578, Sec. 3, Dec. 28, 2000, 114 Stat. 3076; Pub. L. 108-21, title VI, Sec. 607(b), Apr. 30, 2003, 117 Stat. 689; Pub. L. 108-275, Secs. 2(c), 3, July 15, 2004, 118 Stat. 832; Pub. L. 108-458, title VII, Sec. 7216, Dec. 17, 2004, 118 Stat. 3833; Pub. L. 109-13, div. B, title II, Sec. 203(a), May 11, 2005, 119 Stat. 315.) -MISC1- AMENDMENTS 2005 - Subsec. (a)(8). Pub. L. 109-13 substituted "false or actual authentication features" for "false authentication features". 2004 - Subsec. (a)(7). Pub. L. 108-275, Sec. 3(1), substituted "transfers, possesses," for "transfers" and "abet, or in connection with," for "abet,". Subsec. (b)(1)(D). Pub. L. 108-275, Sec. 3(2), substituted "transfer, possession," for "transfer". Subsec. (b)(2). Pub. L. 108-275, Sec. 3(3), substituted "5 years" for "three years" in introductory provisions. Subsec. (b)(4). Pub. L. 108-458 substituted "30 years" for "25 years". Pub. L. 108-275, Sec. 3(4), inserted "an act of domestic terrorism (as defined under section 2331(5) of this title) or" after "facilitate". Subsec. (d). Pub. L. 108-275, Sec. 2(c), inserted "and section 1028A" after "In this section" in introductory provisions. 2003 - Pub. L. 108-21, Sec. 607(b)(6), inserted ", authentication features," after "documents" in section catchline. Subsec. (a)(1). Pub. L. 108-21, Sec. 607(b)(1)(A), inserted ", authentication feature," after "an identification document". Subsec. (a)(2). Pub. L. 108-21, Sec. 607(b)(1)(B), inserted ", authentication feature," after "an identification document" and "or feature" after "such document". Subsec. (a)(3). Pub. L. 108-21, Sec. 607(b)(1)(C), inserted ", authentication features," after "possessor)". Subsec. (a)(4). Pub. L. 108-21, Sec. 607(b)(1)(D), inserted ", authentication feature," after "possessor)" and "or feature" after "such document". Subsec. (a)(5). Pub. L. 108-21, Sec. 607(b)(1)(E), inserted "or authentication feature" after "implement" wherever appearing. Subsec. (a)(6). Pub. L. 108-21, Sec. 607(b)(1)(F), inserted "or authentication feature" before "that is or appears", "or authentication feature" before "of the United States" and "or feature" after "such document" and struck out "or" at end. Subsec. (a)(7). Pub. L. 108-21, Sec. 607(b)(1)(G), inserted "or" after semicolon at end. Subsec. (a)(8). Pub. L. 108-21, Sec. 607(b)(1)(H), added par. (8). Subsec. (b)(1)(A). Pub. L. 108-21, Sec. 607(b)(2)(A)(i)(I), inserted ", authentication feature," before "or false" in introductory provisions. Subsec. (b)(1)(A)(i). Pub. L. 108-21, Sec. 607(b)(2)(A)(i)(II), inserted "or authentication feature" after "document". Subsec. (b)(1)(B). Pub. L. 108-21, Sec. 607(b)(2)(A)(ii), inserted ", authentication features," before "or false". Subsec. (b)(2)(A). Pub. L. 108-21, Sec. 607(b)(2)(B), inserted ", authentication feature," before "or a false". Subsec. (c)(1). Pub. L. 108-21, Sec. 607(b)(3), inserted ", authentication feature," before "or fa