§438. Indian contracts for services generally

Whoever receives money contrary to sections 81 and 82 of Title 25, shall be fined under this title ¹ or imprisoned not more than six months, or both; and also forfeit the money so received.

(June 25, 1948, ch. 645, 62 Stat. 703 ; Pub. L. 103–322, title XXXIII, §330016(1)(K), Sept. 13, 1994, 108 Stat. 2147 .)

Historical and Revision Notes

Based on section 83 of title 25, U.S.C., 1940 ed., Indians (R.S. §2105).

The reference to persons aiding and abetting was omitted as unnecessary. Such persons are made principals by section 2 of this title.

Punishment by imprisonment "for not less than six months" and fine of "not less than $1,000," was susceptible of no other meaning than that minimum punishment was mandatory. This has been rephrased to provide a flexible punishment within the former mandatory limits.

Words "Indian agents" were omitted as such agents have not existed since 1908. (See 25 U.S.C., §§32, 64, and notes thereunder.)

Sentence providing "And it shall be the duty of all district attorneys to prosecute such cases when applied to do so, and their failure and refusal shall be ground for their removal from office." was omitted because any misfeasance of office on the part of a United States district attorney is ground for his removal.

Provision of disqualification of office for violators of this section was omitted as incongruous with the small penalty and fine provisions.

Minor changes were made in phraseology.

Amendments

1994-Pub. L. 103–322, which directed the amendment of this section by substituting "fined under this title" for "fined not more than $5,000", was executed by making the substitution for "fined not more than $1,000", to reflect the probable intent of Congress.

Cross References

Agreements with Indians, see section 71 et seq. of Title 25, Indians.

¹ See 1994 Amendment note below.