CITE

    18 USC Sec. 1712                                            01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 83 - POSTAL SERVICE

HEAD

    Sec. 1712. Falsification of postal returns to increase compensation

STATUTE

      Whoever, being a Postal Service officer or employee, makes a
    false return, statement, or account to any officer of the United
    States, or makes a false entry in any record, book, or account,
    required by law or the rules or regulations of the Postal Service
    to be kept in respect of the business or operations of any post
    office or other branch of the Postal Service, for the purpose of
    fraudulently increasing his compensation or the compensation of the
    postmaster or any employee in a post office; or
      Whoever, being a Postal Service officer or employee in any post
    office or station thereof, for the purpose of increasing the
    emoluments or compensation of his office, induces, or attempts to
    induce, any person to deposit mail matter in, or forward in any
    manner for mailing at, the office where such officer or employee is
    employed, knowing such matter to be properly mailable at another
    post office -
      Shall be fined under this title or imprisoned not more than two
    years, or both.

SOURCE

    (June 25, 1948, ch. 645, 62 Stat. 780; Pub. L. 91-375, Sec.
    6(j)(22), Aug. 12, 1970, 84 Stat. 779; Pub. L. 103-322, title
    XXXIII, Sec. 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)

HISTORICAL AND REVISION NOTES

      Based on title 18, U.S.C., 1940 ed., Sec. 329 and on section 172
    of title 39, U.S.C., 1940 ed., The Postal Service (Aug. 4, 1886,
    ch. 901, Sec. 3, 24 Stat. 221; Mar. 4, 1909, ch. 321, Sec. 206, 35
    Stat. 1128; June 10, 1921, ch. 18, Sec. 304, 42 Stat. 24).
      Said sections were consolidated.
      The texts of the two sections were substantially identical except
    that said section 172 of title 39, U.S.C., 1940 ed., provided that
    "whenever, upon evidence deemed satisfactory to him, the Postmaster
    General shall determine that any such false return has been made,
    he may, by order, fix absolutely the compensation of the postmaster
    for such special delivery during any quarter or quarters which he
    shall deem affected by such false return, and the General
    Accounting Office shall adjust the postmaster's account
    accordingly", the words "General Accounting Office" having been
    substituted for "Auditor" on the authority of the act of June 10,
    1921, shown in the credits above. This particular language was
    omitted because such powers and duties as it prescribes would
    devolve upon the Postmaster General without legislation and also
    because said section 172 of Title 39, which was derived from the
    act of August 4, 1886, shown in the credits above, was impliedly
    repealed by the general repealing clause of section 341 of the
    Criminal Code of 1909. Section 208 of that Code contained the
    provisions which formed the basis for said section 329 of Title 18.
      Reference in said section 329 of title 18, U.S.C., 1940 ed., to
    persons assisting, causing or procuring was omitted as unnecessary
    in view of definition of "principal" in section 2 of this title.
      Minor verbal changes were made.
                                AMENDMENTS
      1994 - Pub. L. 103-322 substituted "fined under this title" for
    "fined not more than $500" in last par.
      1970 - Pub. L. 91-375 substituted "Postal Service officer or
    employee" for "postmaster or Postal Service employee" and "Postal
    Service" for "Post Office Department" after "rules or regulations
    of the" in first par. and "Postal Service officer or employee" and
    "officer or employee" for "postmaster or employee" and "postmaster
    or other person" in second par., respectively.
                     EFFECTIVE DATE OF 1970 AMENDMENT
      Amendment by Pub. L. 91-375 effective within 1 year after Aug.
    12, 1970, on date established therefor by Board of Governors of
    United States Postal Service and published by it in Federal
    Register, see section 15(a) of Pub. L. 91-375, set out as an
    Effective Date note preceding section 101 of Title 39, Postal
    Service.