Laws: Cases and Codes : U.S. Code : Title 18 : Section 1005
|
U.S. Code as of:
01/19/04
Section 1005 - Notes
SOURCE
(June 25, 1948, ch. 645, 62 Stat. 750; Pub. L. 101-73, title IX,
Sec. 961(d), Aug. 9, 1989, 103 Stat. 499; Pub. L. 101-647, title
XXV, Secs. 2504(d), 2595(a)(3), 2597(h), Nov. 29, 1990, 104 Stat.
4861, 4907, 4910; Pub. L. 107-273, div. B, title IV, Sec.
4003(a)(2), Nov. 2, 2002, 116 Stat. 1811.)
HISTORICAL AND REVISION NOTES
Based on sections 592, 597 of title 12, U.S.C., 1940 ed., Banks
and Banking (R.S. Sec. 5209; Dec. 23, 1913, ch. 6, Sec. 22(i) as
added June 19, 1934, ch. 653, Sec. 3, 48 Stat. 1107; Sept. 26,
1918, ch. 177, Sec. 7, 40 Stat. 972; Aug. 23, 1935, ch. 614, Sec.
316, 49 Stat. 712).
(See reviser's note under section 656 of this title for
comprehensive statement of reasons for separating section 592 of
title 12, U.S.C., 1940 ed., Banks and Banking, into three revised
sections, and section 597 thereof into two revised sections, with
the consequent extensive changes in phraseology, style, and
arrangement.)
In this section, national bank receivers and Federal reserve
agents were not included in the initial enumeration of persons at
whom the act is directed, since the provisions of this section,
unlike section 656 of this title, are not directed at such
receivers and agents.
No changes of meaning or substance were made, except that, like
said section 656 of this title, the different punishment provisions
were reconciled, and one uniform punishment provision was adopted.
The words "shall be deemed guilty of a misdemeanor" were omitted
as unnecessary in view of the definition of a misdemeanor in
section 1 of this title.
The words "and upon conviction thereof" were omitted as
unnecessary, since punishment cannot be imposed until a conviction
is secured.
Since section 3231 of this title gives the district court
jurisdiction of criminal prosecutions, the words "in any district
court of the United States" were omitted as unnecessary.
REFERENCES IN TEXT
Section 25 of the Federal Reserve Act, referred to in text, is
classified to subchapter I (Sec. 601 et seq.) of chapter 6 of Title
12, Banks and Banking. Section 25(a) of the Federal Reserve Act,
which is classified to subchapter II (Sec. 611 et seq.) of chapter
6 of Title 12, was renumbered section 25A of that act by Pub. L.
102-242, title I, Sec. 142(e)(2), Dec. 19, 1991, 105 Stat. 2281.
Section 3(w)(1) of the Federal Deposit Insurance Act, referred to
in text, is classified to section 1813(w)(1) of Title 12.
AMENDMENTS
2002 - Pub. L. 107-273, in first par. substituted "Act," for
"Act,," and in third par. inserted "or" at end.
1990 - Pub. L. 101-647, Secs. 2504(d), 2595(a)(3)(A), (B),
2597(h), in first par. substituted "depository institution" for
"bank or savings and loan", "national bank, insured bank, branch or
agency of a foreign bank, or organization operating under section
25 or section 25(a) of the Federal Reserve Act," for "national bank
or insured bank", and "of such bank, branch, agency, or
organization or company" for "of such bank" in two places, in third
par. substituted "bank, company, branch, agency, or organization"
for "bank or company" in four places, and in fifth par. substituted
"30" for "20" before "years".
Pub. L. 101-647, Sec. 2597(h)(3)(A), in sixth par. struck out
"and" after "one of the Federal Reserve Banks;".
Pub. L. 101-647, Sec. 2597(h)(3)(B), which, in sixth par.,
directed insertion of "; and the term 'branch or agency of a
foreign bank' means a branch or agency described in section 20(9)
of this title" before the period, was inserted before period at end
of first sentence to reflect the probable intent of Congress and
intervening amendment by Pub. L. 101-647, Sec. 2595(a)(3)(C). See
below.
Pub. L. 101-647, Sec. 2595(a)(3)(C), inserted "For purposes of
this section, the term 'depository institution holding company' has
the meaning given such term in section 3(w)(1) of the Federal
Deposit Insurance Act." at end of sixth par.
1989 - Pub. L. 101-73 in first par. inserted "bank or savings and
loan holding company," after "member bank,", in third par. inserted
"or company" after "bank" wherever appearing and substituted a
semicolon for the dash after "Federal Reserve System", added fourth
par. reading: "Whoever with intent to defraud the United States or
any agency thereof, or any financial institution 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 financial institution - ", and, in fifth par. substituted
"$1,000,000" for "$5,000" and "20 years" for "five years".
EXCEPTION AS TO TRANSFER OF FUNCTIONS
Functions vested by any provision of law in Comptroller of the
Currency, referred to in this section, were not included in
transfer of functions of officers, agencies and employees of
Department of the Treasury to Secretary of the Treasury, made by
Reorg. Plan No. 26 of 1950, Sec. 1, eff. July 31, 1950, 15 F.R.
4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government
Organization and Employees.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 225, 981, 982, 1510,
1956, 3293, 3322 of this title; title 12 sections 324, 503, 1785,
1786, 1821, 1828, 1829, 1831k, 1833a, 1847.
|
Ads by FindLaw