§513. Securities of the States and private entities
(a) Whoever makes, utters or possesses a counterfeited security of a State or a political subdivision thereof or of an organization, or whoever makes, utters or possesses a forged security of a State or political subdivision thereof or of an organization, with intent to deceive another person, organization, or government shall be fined under this title 1 or imprisoned for not more than ten years, or both.
(b) Whoever makes, receives, possesses, sells or otherwise transfers an implement designed for or particularly suited for making a counterfeit or forged security with the intent that it be so used shall be punished by a fine under this title or by imprisonment for not more than ten years, or both.
(c) For purposes of this section—
(1) the term “counterfeited” means a document that purports to be genuine but is not, because it has been falsely made or manufactured in its entirety;
(2) the term “forged” means a document that purports to be genuine but is not because it has been falsely altered, completed, signed, or endorsed, or contains a false addition thereto or insertion therein, or is a combination of parts of two or more genuine documents;
(3) the term “security” means—
(A) a note, stock certificate, treasury stock certificate, bond, treasury bond, debenture, certificate of deposit, interest coupon, bill, check, draft, warrant, debit instrument as defined in section 916(c) 2 of the Electronic Fund Transfer Act, money order, traveler’s check, letter of credit, warehouse receipt, negotiable bill of lading, evidence of indebtedness, certificate of interest in or participation in any profit-sharing agreement, collateral-trust certificate, pre-reorganization certificate of subscription, transferable share, investment contract, voting trust certificate, or certificate of interest in tangible or intangible property;
(B) an instrument evidencing ownership of goods, wares, or merchandise;
(C) any other written instrument commonly known as a security;
(D) a certificate of interest in, certificate of participation in, certificate for, receipt for, or warrant or option or other right to subscribe to or purchase, any of the foregoing; or
(E) a blank form of any of the foregoing;
(4) the term “organization” means a legal entity, other than a government, established or organized for any purpose, and includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, society, union, or any other association of persons which operates in or the activities of which affect interstate or foreign commerce; and
(5) the term “State” includes a State of the United States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, and any other territory or possession of the United States.
(Added Pub. L. 98-473, title II, § 1105(a) , Oct. 12, 1984 , 98 Stat. 2144 , § 511; renumbered § 513, Pub. L. 99-646, § 31(a) , Nov. 10, 1986 , 100 Stat. 3598 ; amended Pub. L. 101-647, title XXXV, § 3515 , Nov. 29, 1990 , 104 Stat. 4923 ; Pub. L. 103-322, title XXXIII , §§ 330008(1), 330016(2)(C), Sept. 13, 1994 , 108 Stat. 2142 , 2148.)
Editorial Notes
References in Text
Section 916 of the Electronic Fund Transfer Act, referred to in subsec. (c)(3)(A), was renumbered section 917 by Pub. L. 111-24, title IV, § 401(1), May 22, 2009, 123 Stat. 1751, and is classified to section 1693n of Title 15, Commerce and Trade.
Amendments
1994—Subsec. (a). Pub. L. 103-322, § 330016(2)(C), which directed the amendment of this section by substituting “under this title” for “of not more than $250,000”, was executed by making the substitution for “not more than $250,000”, to reflect the probable intent of Congress.
Subsec. (b). Pub. L. 103-322, § 330016(2)(C), substituted “fine under this title” for “fine of not more than $250,000”.
Subsec. (c)(4). Pub. L. 103-322, § 330008(1), substituted “association of persons” for “association or persons”.
1990—Subsec. (c)(3)(A). Pub. L. 101-647 struck out “(15 U.S.C. 1693(c))” after “Electronic Fund Transfer Act” and inserted comma after “profit-sharing agreement”.