§213. Acceptance of loan or gratuity by bank examiner

Whoever, being an examiner or assistant examiner of member banks of the Federal Reserve System, financial institutions the deposits of which are insured by the Federal Deposit Insurance Corporation, which are branches or agencies of foreign banks (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or which are organizations operating under section 25 or section 25(a) ¹ of the Federal Reserve Act, or a farm credit examiner, or an examiner of small business investment companies, accepts a loan or gratuity from any bank, branch, agency, corporation, association or organization examined by him or from any person connected herewith, shall be fined under this title or imprisoned not more than one year, or both; and may be fined a further sum equal to the money so loaned or gratuity given, and shall be disqualified from holding office as such examiner.

(June 25, 1948, ch. 645, 62 Stat. 695 , §213, formerly §218; Pub. L. 85–699, title VII, §701(b), Aug. 21, 1958, 72 Stat. 698 ; renumbered §213, Pub. L. 87–849, §1(d), Oct. 23, 1962, 76 Stat. 1125 ; Pub. L. 101–73, title IX, §962(a)(2), Aug. 9, 1989, 103 Stat. 502 ; Pub. L. 101–647, title XXV, §2597(c), Nov. 29, 1990, 104 Stat. 4909 ; Pub. L. 103–322, title XXXIII, §§330004(2), 330016(1)(K), Sept. 13, 1994, 108 Stat. 2141 , 2147.)

Historical and Revision Notes

Based on sections 593, 952, 981, 1124, 1243, 1314 of title 12, U.S.C., 1940 ed., Banks and Banking (Dec. 23, 1913, ch. 6, §22, 38 Stat. 272 ; July 17, 1916, ch. 245, §§28, 31, 39 Stat. 381 , 382, and §211(d) as added Mar. 4, 1923, ch. 252, §2, 42 Stat. 1460 ; Sept. 26, 1918, ch. 177, §5, 40 Stat. 970 ; Mar. 4, 1923, ch. 252, title II, §209(e), 216(d), 42 Stat. 1468 , 1471; Feb. 25, 1927, ch. 191, §15, 44 Stat. 1232 ; Ex. Ord. No. 6084, Mar. 27, 1933; June 16, 1933, ch. 98, §80(a), 48 Stat. 273 ; Aug. 23, 1935, ch. 614, §326(a), 49 Stat. 715 ; Aug. 19, 1937, ch. 704, §20, 50 Stat. 710 ).

This section is derived primarily from second paragraph of section 593 of title 12, U.S.C., 1940 ed., Banks and Banking, and consolidates provisions from sections 952, 981, 1124, 1243, and 1314 of said title 12.

Words "shall be deemed guilty of a misdemeanor" were omitted in view of definition of misdemeanor in section 1 of this title.

The bribery provisions of such sections were alike and indeed were patterned after section 593 of said title 12, U.S.C., 1940 ed., Banks and Banking, incorporated in this section and section 217 of this title. Therefore, and in the light of sections 952 and 1243 of title 12, U.S.C., 1940 ed., Banks and Banking, this section was written as a consolidated section without change of substance or effect and with only such changes of phraseology as were necessary to effect the consolidation and secure uniformity of style.

Other provisions of said sections 593, 952, 981, 1124, 1243 and 1314 of title 12, U.S.C., 1940 ed., are incorporated in sections 217, 655, 1014, 1908, and 1909 of this title.

References in Text

Section 1(b) of the International Banking Act of 1978, referred to in text, is classified to section 3101 of Title 12, Banks and Banking.

Section 25 of the Federal Reserve Act, referred to in text, is classified to subchapter I (§601 et seq.) of chapter 6 of Title 12. Section 25(a) of the Federal Reserve Act, which is classified to subchapter II (§611 et seq.) of chapter 6 of Title 12, was renumbered section 25A of that act by Pub. L. 102–242, title I, §142(e)(2), Dec. 19, 1991, 105 Stat. 2281 .

Prior Provisions

A prior section 213, act June 25, 1948, ch. 645, 62 Stat. 693 , related to the acceptance or demand of a bribe by a customs officer or employee, prior to the general amendment to this chapter by Pub. L. 87–849 and is substantially covered by revised section 201.

Amendments

1994-Pub. L. 103–322 struck out "or examiner of National Agricultural Credit Corporations" after "or a farm credit examiner" and substituted "fined under this title" for "fined not more than $5,000".

1990-Pub. L. 101–647 substituted "System, financial institutions the deposits of which" for "System or financial institutions the deposits of which" and inserted "which are branches or agencies of foreign banks (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or which are organizations operating under section 25 or section 25(a) of the Federal Reserve Act," after "Federal Deposit Insurance Corporation," and "branch, agency," after "gratuity from any bank,".

1989-Pub. L. 101–73 substituted "financial institutions the deposits of which" for "banks the deposits of which".

1958-Pub. L. 85–699 included examiners of small business investment companies.

National Agricultural Credit Corporation

Title II of the Agricultural Credits Act, act Mar. 4, 1923, title II, §§201–217, 42 Stat. 1461, which authorized the creation of national agricultural credit corporations, was substantially repealed by Pub. L. 86–230, Sept. 8, 1959, §24, 73 Stat. 466 . Prior to such repeal, act June 16, 1933, §77, 48 Stat. 292, had prohibited the creation, after June 16, 1933, of national agricultural credit corporations authorized to be formed under the Agricultural Credits Act.

Section Referred to in Other Sections

This section is referred to in sections 212, 3056 of this title; title 12 section 503.

¹ See References in Text note below.