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U.S. Code as of:
01/19/04
Section 709. False advertising or misuse of names to indicate Federal agency
Whoever, except as permitted by the laws of the United States,
uses the words "national", "Federal", "United States", "reserve",
or "Deposit Insurance" as part of the business or firm name of a
person, corporation, partnership, business trust, association or
other business entity engaged in the banking, loan, building and
loan, brokerage, factorage, insurance, indemnity, savings or trust
business; or
Whoever falsely advertises or represents, or publishes or
displays any sign, symbol or advertisement reasonably calculated to
convey the impression that a nonmember bank, banking association,
firm or partnership is a member of the Federal reserve system; or
Whoever, except as expressly authorized by Federal law, uses the
words "Federal Deposit", "Federal Deposit Insurance", or "Federal
Deposit Insurance Corporation" or a combination of any three of
these words, as the name or a part thereof under which he or it
does business, or advertises or otherwise represents falsely by any
device whatsoever that his or its deposit liabilities, obligations,
certificates, or shares are insured or guaranteed by the Federal
Deposit Insurance Corporation, or by the United States or by any
instrumentality thereof, or whoever advertises that his or its
deposits, shares, or accounts are federally insured, or falsely
advertises or otherwise represents by any device whatsoever the
extent to which or the manner in which the deposit liabilities of
an insured bank or banks are insured by the Federal Deposit
Insurance Corporation; or
Whoever, other than a bona fide organization or association of
Federal or State credit unions or except as permitted by the laws
of the United States, uses as a firm or business name or transacts
business using the words "National Credit Union", "National Credit
Union Administration", "National Credit Union Board", "National
Credit Union Share Insurance Fund", "Share Insurance", or "Central
Liquidity Facility", or the letters "NCUA", "NCUSIF", or "CLF", or
any other combination or variation of those words or letters alone
or with other words or letters, or any device or symbol or other
means, reasonably calculated to convey the false impression that
such name or business has some connection with, or authorization
from, the National Credit Union Administration, the Government of
the United States, or any agency thereof, which does not in fact
exist, or falsely advertises or otherwise represents by any device
whatsoever that his or its business, product, or service has been
in any way endorsed, authorized, or approved by the National Credit
Union Administration, the Government of the United States, or any
agency thereof, or falsely advertises or otherwise represents by
any device whatsoever that his or its deposit liabilities,
obligations, certificates, shares, or accounts are insured under
the Federal Credit Union Act or by the United States or any
instrumentality thereof, or being an insured credit union as
defined in that Act falsely advertises or otherwise represents by
any device whatsoever the extent to which or the manner in which
share holdings in such credit union are insured under such Act; or
Whoever, not being organized under chapter 7 of Title 12,
advertises or represents that it makes Federal Farm loans or
advertises or offers for sale as Federal Farm loan bonds any bond
not issued under chapter 7 of Title 12, or uses the word "Federal"
or the words "United States" or any other words implying Government
ownership, obligation or supervision in advertising or offering for
sale any bond, note, mortgage or other security not issued by the
Government of the United States under the provisions of said
chapter 7 or some other Act of Congress; or
Whoever uses the words "Federal Home Loan Bank" or any
combination or variation of these words alone or with other words
as a business name or part of a business name, or falsely
publishes, advertises or represents by any device or symbol or
other means reasonably calculated to convey the impression that he
or it is a Federal Home Loan Bank or member of or subscriber for
the stock of a Federal Home Loan Bank; or
Whoever uses the words "Federal intermediate credit bank" as part
of the business or firm name for any person, corporation,
partnership, business trust, association or other business entity
not organized as an intermediate credit bank under the laws of the
United States; or
Whoever uses as a firm or business name the words "Department of
Housing and Urban Development", "Housing and Home Finance Agency",
"Federal Housing Administration", "Government National Mortgage
Association", "United States Housing Authority", or "Public Housing
Administration" or the letters "HUD", "FHA", "PHA", or "USHA", or
any combination or variation of those words or the letters "HUD",
"FHA", "PHA", or "USHA" alone or with other words or letters
reasonably calculated to convey the false impression that such name
or business has some connection with, or authorization from, the
Department of Housing and Urban Development, the Housing and Home
Finance Agency, the Federal Housing Administration, the Government
National Mortgage Association, the United States Housing Authority,
the Public Housing Administration, the Government of the United
States, or any agency thereof, which does not in fact exist, or
falsely claims that any repair, improvement, or alteration of any
existing structure is required or recommended by the Department of
Housing and Urban Development, the Housing and Home Finance Agency,
the Federal Housing Administration, the Government National
Mortgage Association, the United States Housing Authority, the
Public Housing Administration, the Government of the United States,
or any agency thereof, for the purpose of inducing any person to
enter into a contract for the making of such repairs, alterations,
or improvements, or falsely advertises or falsely represents by any
device whatsoever that any housing unit, project, business, or
product has been in any way endorsed, authorized, inspected,
appraised, or approved by the Department of Housing and Urban
Development, the Housing and Home Finance Agency, the Federal
Housing Administration, the Government National Mortgage
Association, the United States Housing Authority, the Public
Housing Administration, the Government of the United States, or any
agency thereof; or
Whoever, except with the written permission of the Director of
the Federal Bureau of Investigation, knowingly uses the words
"Federal Bureau of Investigation" or the initials "F.B.I.", or any
colorable imitation of such words or initials, in connection with
any advertisement, circular, book, pamphlet or other publication,
play, motion picture, broadcast, telecast, or other production, in
a manner reasonably calculated to convey the impression that such
advertisement, circular, book, pamphlet or other publication, play,
motion picture, broadcast, telecast, or other production, is
approved, endorsed, or authorized by the Federal Bureau of
Investigation; or
Whoever, except with written permission of the Director of the
United States Secret Service, knowingly uses the words "Secret
Service", "Secret Service Uniformed Division", the initials
"U.S.S.S.", "U.D.", or any colorable imitation of such words or
initials, in connection with, or as a part of any advertisement,
circular, book, pamphlet or other publication, play, motion
picture, broadcast, telecast, other production, product, or item,
in a manner reasonably calculated to convey the impression that
such advertisement, circular, book, pamphlet or other publication,
product, or item, is approved, endorsed, or authorized by or
associated in any manner with, the United States Secret Service, or
the United States Secret Service Uniformed Division; or
Whoever, except with the written permission of the Director of
the United States Mint, knowingly uses the words "United States
Mint" or "U.S. Mint" or any colorable imitation of such words, in
connection with any advertisement, circular, book, pamphlet, or
other publication, play, motion picture, broadcast, telecast, or
other production, in a manner reasonably calculated to convey the
impression that such advertisement, circular, book, pamphlet, or
other publication, play, motion picture, broadcast, telecast, or
other production, is approved, endorsed, or authorized by or
associated in any manner with, the United States Mint; or
Whoever uses the words "Overseas Private Investment", "Overseas
Private Investment Corporation", or "OPIC", as part of the business
or firm name of a person, corporation, partnership, business trust,
association, or business entity; or
Whoever, except with the written permission of the Administrator
of the Drug Enforcement Administration, knowingly uses the words
"Drug Enforcement Administration" or the initials "DEA" or any
colorable imitation of such words or initials, in connection with
any advertisement, circular, book, pamphlet, software or other
publication, play, motion picture, broadcast, telecast, or other
production, in a manner reasonably calculated to convey the
impression that such advertisement, circular, book, pamphlet,
software or other publication, play, motion picture, broadcast,
telecast, or other production is approved, endorsed, or authorized
by the Drug Enforcement Administration; or
Whoever, except with the written permission of the Director of
the United States Marshals Service, knowingly uses the words
"United States Marshals Service", "U.S. Marshals Service", "United
States Marshal", "U.S. Marshal", "U.S.M.S.", or any colorable
imitation of any such words, or the likeness of a United States
Marshals Service badge, logo, or insignia on any item of apparel,
in connection with any advertisement, circular, book, pamphlet,
software, or other publication, or any play, motion picture,
broadcast, telecast, or other production, in a manner that is
reasonably calculated to convey the impression that the wearer of
the item of apparel is acting pursuant to the legal authority of
the United States Marshals Service, or to convey the impression
that such advertisement, circular, book, pamphlet, software, or
other publication, or such play, motion picture, broadcast,
telecast, or other production, is approved, endorsed, or authorized
by the United States Marshals Service;
Shall be punished as follows: a corporation, partnership,
business trust, association, or other business entity, by a fine
under this title; an officer or member thereof participating or
knowingly acquiescing in such violation or any individual violating
this section, by a fine under this title or imprisonment for not
more than one year, or both.
This section shall not make unlawful the use of any name or title
which was lawful on the date of enactment of this title.
This section shall not make unlawful the use of the word
"national" as part of the name of any business or firm engaged in
the insurance or indemnity business, whether such firm was engaged
in the insurance or indemnity business prior or subsequent to the
date of enactment of this paragraph.
A violation of this section may be enjoined at the suit of the
United States Attorney, upon complaint by any duly authorized
representative of any department or agency of the United States.
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