CITE
18 USC Sec. 1006 01/05/2009
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 Agency, 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;
Pub. L. 110-289, div. A, title II, Sec. 1216(c), July 30, 2008, 122
Stat. 2792.)
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
2008 - Pub. L. 110-289 substituted "Federal Housing Finance
Agency" for "Federal Housing Finance Board".
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.
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.