Whoever, after the filing of a case under title 11, knowingly and fraudulently withholds from a custodian, trustee, marshal, or other officer of the court entitled to its possession, any recorded information, including books, documents, records, and papers, relating to the property or financial affairs of a debtor. Shall be fined not more than $5,000 or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 689; June 12, 1960, Pub. L. 86-519, § 2, 74 Stat. 217; Sept. 2, 1960, Pub. L. 86-701, 74 Stat. 753; Oct. 18, 1976, Pub. L. 94-550, § 4, 90 Stat. 2535; Nov. 6, 1978, Pub. L. 95-598, title III, § 314(a), (c), 92 Stat. 2676, 2677.) Sec. CHAPTER 25-COUNTERFEITING AND FORGERY 471. Obligations or securities of United States. 472. Uttering counterfeit obligations or securities. 473. Dealing in counterfeit obligations or securities. 474. Plates or stones for counterfeiting obligations or securities. 475. Imitating obligations or securities; advertisements. 476. Taking impressions of tools used for obligations or securities. 477. Possessing or selling impressions of tools used for obligations or securities. 478. Foreign obligations or securities. 479. Uttering counterfeit foreign obligations or securities. 480. Possessing counterfeit foreign obligations or securities. 481: Plates or stones for counterfeiting foreign obligations or securities. 482. Foreign bank notes. 483. Uttering counterfeit foreign bank notes. 484. Connecting parts of different notes. 485. Coins or bars. 486. Uttering coins of gold, silver or other metal. 487. Making or possessing counterfeit dies for coins. 488. Making or possessing counterfeit dies for foreign coins. 489. Making or possessing likeness of coins. 490. Minor coins. 491. Tokens used as money or similar to coins. 492. Forfeiture of counterfeit paraphernalia. 493. Bonds and obligations of certain lending agencies. 494. Contractors' bonds, bids, and public records. 495. Contracts, deeds, and powers of attorney. 496. Customs entry certificates. 497. Letters patent. 498. Military or naval discharge certificates. 499. Military, naval, or official passes. 500. Money orders. 501. Postage stamps and postal cards. 502. Postage and revenue stamps of foreign governments. 503. Postmarking stamps. 504. Printing and filming of United States and foreign obligations and securities. 505. Seals of courts; signatures of judges or court officers. 506. Seals of departments or agencies. 507. Ship's papers. 508. Transportation requests of Government. 509. Possessing and making plates or stones for Government transportation re quests. 8.471. Obligations or securities of United States Whoever, with intent to defraud, falsely makes, forges, counterfeits, or alters any obligation or other security of the United States, shall be fined not more than $5,000 or imprisoned not more than fifteen years, or both. (June 25, 1948, ch. 645, 62 Stat. 705.) § 472. Uttering counterfeit obligations or securities Whoever, with intent to defraud, passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, or with like intent brings into the United States or keeps in possession or conceals any falsely made, forged, counterfeited, or altered obligation or other security of the United States, shall be fined not more than $5,000 or imprisoned not more than fifteen years, or both. (June 25, 1948, ch. 645, 62 Stat. 705.) § 473. Dealing in counterfeit obligations or securities Whoever buys, sells, exchanges, transfers, receives, or delivers any false, forged, counterfeited, or altered obligation or other security of the United States, with the intent that the same be passed, published, or used as true and genuine, shall be fined not more than $5,000 or imprisoned not more than ten years, or both. (June 25, 1948, ch. 645, 62 Stat. 705.) § 494. Contractors' bonds, bids, and public records Whoever falsely makes, alters, forges, or counterfeits any bond, bid, proposal, contract, guarantee, security, official bond, public record, affidavit, or other writing for the purpose of defrauding the United States; or Whoever utters or publishes as true or possesses with intent to utter or publish as true, any such false, forged, altered, or counterfeited writing, knowing the same to be false, forged, altered, or counterfeited; or Whoever transmits to, or presents at any office or to any officer of the United States, any such false, forged, altered, or counterfeited writing, knowing the same to be false, forged, altered, or counterfeited Shall be fined not more than $1,000 or imprisoned not more than ten years, or both. (June 25, 1948, ch. 645, 62 Stat. 711.) § 495. Contracts, deeds, and powers of attorney Whoever falsely makes, alters, forges, or counterfeits any deed, power of attorney, order, certificate, receipt, contract, or other writing, for the purpose of obtaining or receiving, or of enabling any other person, either directly or indirectly, to obtain or receive from the United States or any officers or agents thereof, any sum of money; or Whoever utters or publishes as true any such false, forged, altered, or counterfeited writing, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited; or Whoever transmits to, or presents at any office or officer of the United States, any such writing in support of, or in relation to, any account or claim, with intent to defraud the United States, knowing the same to be false, altered, forged, or counterfeited Shall be fined not more than $1,000 or imprisoned not more than ten years, or both. (June 25, 1948, ch. 645, 62 Stat. 711.) * Sec. CHAPTER 47-FRAUD AND FALSE STATEMENTS 1001. Statements or entries generally. 1002. Possession of false papers to defraud United States. 1003. Demands against the United States. 1004. Certification of checks. 1005. Bank entries, reports and transactions. 1006. Federal credit institution entries, reports and transactions. 1007. Federal Deposit Insurance Corporation transactions. 1008. Federal Savings and Loan Insuance Corporation transactions. 1009. Rumors regarding Federal Savings and Loss Insurance Corporation. 1010. Department of Housing and Urban Development and Federal Housing Administration transactions. 1011. Federal land bank mortgage transactions. 1012. Department of Housing and Urban Development transactions. 1013. Farm loan bonds and credit bank debentures. 1014. Loan and credit applications generally; renewals and discounts; crop insur ance. 1015. Naturalization, citizenship or alien registry. 1016. Acknowledgment or appearance or oath. 1017. Government seals wrongfully used and instruments wrongfully sealed. 1018. Official certificates or writings. 1019. Certificates by consular officers. 1020. Highway projects. 1021. Title records. 1022. Delivery of certificate, voucher, receipt for military or naval property. 1023. Insufficient delivery of money or property for military or naval service. 1024. Purchase or receipt of military, naval, or veterans' facilities property. 1025. False pretenses on high seas and other waters. 1026. Compromise, adjustments, or cancellation of farm indebtedness. 1027. False statements and concealment of facts in relation to documents required by the Employee Retirement Income Securtity Act of 1974. 1028. Fraud and related activity in connection with identification documents. § 1001. Statements or entries generally Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 749.) § 1341. Frauds and swindles Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined not more than $1,000 or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 763; May 24, 1949, ch. 139, § 34, 63 Stat. 94; Aug. 12, 1970, Pub. L. 91-375, § (6)(j)(11), 84 Stat. 778.) § 1342. Fictitious name or address Whoever, for the purpose of conducting, promoting, or carrying on by means of the Postal Service, any scheme or device mentioned in section 1341 of this title or any other unlawful business, uses or assumes, or requests to be addressed by, any fictitious, false, or assumed title, name, or address or name other than his own proper name, or takes or receives from any post office or authorized depository of mail matter, any letter, postal card, package, or other mail matter addresed to any such fictitious, false, or assumed title, name, or address, or name other than his own proper name, shall be fined not more than $1,000 or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, 62 Stat. 763; Aug. 12, 1970, Pub. L. 91-375, § (6)(j)(12), 84 Stat. 778.) § 1343. Fraud by wire, radio, or television Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purposes of executing such scheme or artifice, shall be fined not more than $1,000 or imprisoned not more than five years, or both. (Added July 16, 1952, ch. 879, § 18(a), 66 Stat. 722, and amended July 11, 1956, ch. 561, 70 Stat. 523.) * PART II-CRIMINAL PROCEDURE CHAPTER 227-SENTENCES § 3571. Sentence of fine (a) IN GENERAL.-A defendant who has been found guilty of an offense may be sentenced to pay a fine. (b) AUTHORIZED FINES.-Except as otherwise provided in this chapter, the authorized fines are (1) if the defendant is an individual (A) for a felony, or for a misdemeanor resulting in the loss of human life, not more than $250,000; (B) for any other misdemeanor, not more than $25,000; and (C) for an infraction, not more than $1,000; and (2) if the defendant is an organization (A) for a felony, or for a misdemeanor resulting in the loss of human life, not more than $500,000; (B) for any other misdemeanor, not more than $100,000; and (C) for an infraction, not more than $10,000. § 3572. Imposition of a sentence of fine (a) FACTORS TO BE CONSIDERED IN IMPOSING FINE.-The court, in determining whether to impose a fine, and, if a fine is to be imposed, in determining the amount of the fine, the time for payment, and the method of payment, shall consider (1) the factors set forth in section 3553(a), to the extent they are applicable, including, with regard to the characteristics of the defendant under section 3553(a), the ability of the defendant to pay the fine in view of the defendant's income, earning capacity, and financial resources and, if the defendant is an organization, the size of the organization; (2) the nature of the burden that payment of the fine will impose on the defendant, and on any person who is financially dependent upon the defendant, relative to the burden which alternative punishments would impose; (3) any restitution or reparation made by the defendant to the victim of the offense, and any obligation imposed upon the defendant to make such restitution or reparation to the victim of the offense; (4) if the defendant is an organization, any measure taken by the organization to discipline its employees or agents responsible for the offense or to insure against a recurrence of such an offense; and (5) any other pertinent equitable consideration. (b) LIMIT ON AGGREGATE OF MULTIPLE FINES.-Except as otherwise expressly provided, the aggregate of fines that a court may impose on a defendant at the same time for different offenses that arise from a common scheme or plan, and that do not cause separable or distinguishable kinds of harm or damage, is twice the amount imposable for the most serious offense. (c) EFFECT OF FINALITY OF JUDGMENT.-Notwithstanding the fact that a sentence to pay a fine can subsequently be |