                 TITLE 18--CRIMES AND CRIMINAL PROCEDURE
 
                             PART I--CRIMES
 
                 CHAPTER 47--FRAUD AND FALSE STATEMENTS
 
Sec. 1005. Bank entries, reports and transactions

    Whoever, being an officer, director, agent or employee of any 
Federal Reserve bank, member bank, depository institution holding 
company, national bank, insured bank, branch or agency of a foreign 
bank, or organization operating under section 25 or section 25(a) \1\ of 
the Federal Reserve Act,,\2\ without authority from the directors of 
such bank, branch, agency, or organization or company, issues or puts in 
circulation any notes of such bank, branch, agency, or organization or 
company; or
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    \1\ See References in Text note below.
    \2\ So in original.
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    Whoever, without such authority, makes, draws, issues, puts forth, 
or assigns any certificate of deposit, draft, order, bill of exchange, 
acceptance, note, debenture, bond, or other obligation, or mortgage, 
judgment or decree; or
    Whoever makes any false entry in any book, report, or statement of 
such bank, company, branch, agency, or organization with intent to 
injure or defraud such bank, company, branch, agency, or organization, 
or any other company, body politic or corporate, or any individual 
person, or to deceive any officer of such bank, company, branch, agency, 
or organization, or the Comptroller of the Currency, or the Federal 
Deposit Insurance Corporation, or any agent or examiner appointed to 
examine the affairs of such bank, company, branch, agency, or 
organization, or the Board of Governors of the Federal Reserve System; 
\3\
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    \3\ So in original. Probably should be followed by ``or''.
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    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--
    Shall be fined not more than $1,000,000 or imprisoned not more than 
30 years, or both.
    As used in this section, the term ``national bank'' is synonymous 
with ``national banking association''; ``member bank'' means and 
includes any national bank, state bank, or bank or trust company, which 
has become a member of one of the Federal Reserve banks; ``insured 
bank'' includes any state bank, banking association, trust company, 
savings bank, or other banking institution, the deposits of which are 
insured by the Federal Deposit Insurance Corporation; and the term 
``branch or agency of a foreign bank'' means a branch or agency 
described in section 20(9) of this title. 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.

(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.)


                      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

    1990--Pub. L. 101-647, Secs. 2504(d), 2595(a)(3)(A), (B), 2597(h), 
in first undesignated 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 undesignated par. 
substituted ``bank, company, branch, agency, or organization'' for 
``bank or company'' in four places, and in fifth undesignated par. 
substituted ``30'' for ``20'' before ``years''.
    Pub. L. 101-647, Sec. 2597(h)(3)(A), in sixth undesignated par. 
struck out ``and'' after ``one of the Federal Reserve Banks;''.
    Pub. L. 101-647, Sec. 2597(h)(3)(B), which, in sixth undesignated 
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 undesignated par.
    1989--Pub. L. 101-73 in first undesignated par. inserted ``bank or 
savings and loan holding company,'' after ``member bank,'', in third 
undesignated paragraph inserted ``or company'' after ``bank'' wherever 
appearing and substituted a semicolon for the dash after ``Federal 
Reserve System'', added fourth undesignated paragraph 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 undesignated paragraph 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, 
3059A, 3293, 3322 of this title; title 12 sections 324, 503, 1785, 1786, 
1821, 1828, 1829, 1831k, 1833a, 1847.
