SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 14, 1307 of this title; title 25 section 2720. § 1302. Mailing lottery tickets or related matter Whoever knowingly deposits in the mail, or sends or delivers by mail: Any letter, package, postal card, or circular concerning any lottery, gift enterprise, or similar scheme offering prizes dependent in whole or in part upon lot or chance; Any lottery ticket or part thereof, or paper, certificate, or instrument purporting to be or to represent a ticket, chance, share, or interest in or dependent upon the event of a lottery, gift enterprise, or similar scheme offering prizes dependent in whole or in part upon lot or chance; Any check, draft, bill, money, postal note, or money order, for the purchase of any ticket or part thereof, or of any share or chance in any such lottery, gift enterprise, or scheme; Any newspaper, circular, pamphlet, or publication of any kind containing any advertisement of any lottery, gift enterprise, or scheme of any kind offering prizes dependent in whole or in part upon lot or chance, or containing any list of the prizes drawn or awarded by means of any such lottery, gift enterprise, or scheme, whether said list contains any part or all of such prizes; Any article described in section 1953 of this title Shall be fined not more than $1,000 or imprisoned not more than two years, or both; and for any subsequent offense shall be imprisoned not more than five years. (June 25, 1948, ch. 645, 62 Stat. 762; Oct. 31, 1951, ch. 655, § 29, 65 Stat. 721; Sept. 13, 1961, Pub. L. 87-218, § 2, 75 Stat. 492.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 336 (Mar. 4, 1909, ch. 321, § 213, 35 Stat. 1129). Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in section 2 of this title. Venue provision was omitted as covered by sections 3231 and 3237 of this title. Minor changes were made in arrangement and phraseology. office, or under color of purchase or otherwise, vends lottery tickets, or knowingly sends by mail or delivers any letter, package, postal card, circular, or pamphlet advertising any lottery, gift enterprise, or similar scheme, offering prizes dependent in whole or in part upon lot or chance, or any ticket, certificate, or instrument representing any chance, share, or interest in or dependent upon the event of any lottery, gift enterprise, or similar scheme offering prizes dependent in whole or in part upon lot or chance, or any list of the prizes awarded by means of any such scheme, shall be fined not more than $100 or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 763; Aug. 12, 1970, Pub. L. 91-375, § 6(j)(10), 84 Stat. 778.) HISTORICAL AND REVISION NOTES Based on title 18 U.S.C., 1940 ed., § 337 (Mar. 4, 1909, ch. 321, § 214, 35 Stat. 1130). Minor changes were made in phraseology. AMENDMENTS 1970-Pub. L. 91-375 substituted "an officer or employee of the Postal Service" for "a postmaster or other person employed in the Postal Service". EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 1970, on date established thereby by the Board of Governors of the United States Postal Service and published by it in the 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. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1307 of this title; title 25 section 2720. § 1304. Broadcasting lottery information Whoever broadcasts by means of any radio station for which a license is required by any law of the United States, or whoever, operating any such station, knowingly permits the broadcasting of, any advertisement of or information concerning any lottery, gift enterprise, or similar scheme, offering prizes dependent in whole or in part upon lot or chance, or any list of the prizes drawn or awarded by means of any such lottery, gift enterprise, or scheme, whether said list contains any part or all of such prizes, shall be fined not more than $1,000 or imprisoned not more than one year, or both. Each day's broadcasting shall constitute a separate offense. (June 25, 1948, ch. 645, 62 Stat. 763; Nov. 7, 1988, Pub. L. 100-625, § 3(a)(4), 102 Stat. 3206.) AMENDMENT OF SECTION Sections 3(a)(4) and 5 of Pub. L. 100-625 provided that, effective 18 months after Nov. 7, 1988, the first sentence of this section is amended by adding "or television” after "radio". HISTORICAL AND REVISION NOTES Based on section 316 of title 47, U.S.C., 1940 ed., Telegraphs, Telephones, and Radiotelegraphs (June 19, 1934, ch. 652, § 316, 48 Stat. 1088). Words "upon conviction thereof" were deleted as surplusage since punishment can be imposed only after a conviction. Minor changes were made in phraseology. EFFECTIVE DATE OF 1988 AMENDMENT Section 5 of Pub. L. 100-625 provided that: "The amendments made by this Act [amending sections 1304 and 1307 of this title and section 3005 of Title 39, Postal Service] shall take effect 18 months after the date of the enactment of this Act [Nov. 7, 1988]." CROSS REFERENCES Minor offenses tried by United States magistrates as excluding offenses punishable under this section, see section 3401 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1307 of this title; title 47 sections 312, 503; title 25 section 2720. § 1305. Fishing contests The provisions of this chapter shall not apply with respect to any fishing contest not conducted for profit wherein prizes are awarded for the specie, size, weight, or quality of fish caught by contestants in any bona fide fishing or recreational event. (Added Aug. 16, 1950, ch. 722, § 1, 64 Stat. 451.) § 1306. Participation by financial institutions Whoever knowingly violates section 5136A of the Revised Statutes of the United States, section 9A of the Federal Reserve Act, section 20 of the Federal Deposit Insurance Act, or section 410 of the National Housing Act shall be fined not more than $1,000 or imprisoned not more than one year, or both. (Added Pub. L. 90-203, § 5(a), Dec. 15, 1967, 81 Stat. 611.) REFERENCES IN TEXT Section 5136A of the Revised Statutes of the United States, referred to in text, is classified to section 25a of Title 12, Banks and Banking. Section 9A of the Federal Reserve Act, referred to in text, is classified to section 339 of Title 12. Section 20 of the Federal Deposit Insurance Act, referred to in text, is classified to section 1829a of Title 12. Section 410 of the National Housing Act, referred to in text, is classified to section 1730c of Title 12. EFFECTIVE DATE Section effective Apr. 1, 1968, see section 6 of Pub. L. 90-203, set out as a note under section 25a of Title 12, Banks and Banking. § 1307. State-conducted lotteries (a) The provisions of sections 1301, 1302, 1303, and 1304 shall not apply to an advertisement, list of prizes, or information concerning a lottery conducted by a State acting under the authority of State law (1) contained in a newspaper published in that State or in an adjacent State which conducts such a lottery, or (2) broadcast by a radio or television station licensed to a location in that State or an adjacent State which conducts such a lottery. (b) The provisions of sections 1301, 1302, and 1303 shall not apply to the transportation or mailing (1) to addresses within a State of equipment, tickets, or material concerning a lottery which is conducted by that State acting under the authority of State law; or (2) to an addressee within a foreign country of equipment, tickets, or material designed to be used within that foreign country in a lottery which is authorized by the law of that foreign country. (c) For the purposes of this section (1) "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States; and (2) "foreign country" means any empire, country, dominion, colony, or protectorate, or any subdivision thereof (other than the United States, its territories or possessions). (d) For the purposes of this section "lottery" means the pooling of proceeds derived from the sale of tickets or chances and allotting those proceeds or parts thereof by chance to one or more chance takers or ticket purchasers. "Lottery" does not include the placing or accepting of bets or wagers on sporting events or contests. (Added Pub. L. 93-583, § 1, Jan. 2, 1975, 88 Stat. 1916, and amended Pub. L. 94-525, § 1, Oct. 17, 1976, 90 Stat. 2478; Pub. L. 96-90, § 1, Oct. 23, 1979, 93 Stat. 698; Pub. L. 100-625, §§ 2(a), (b), 3(a)(1), (3), Nov. 7, 1988, 102 Stat. 3205, 3206.) AMENDMENT OF SECTION Sections 2(a), (b), 3(a)(1), (3), 5 of Pub. L. 100-625 provided that, effective 18 months after Nov. 7, 1988, this section is amended: (1) In section catchline, by substituting "Exceptions relating to certain advertisements and other information and to Stateconducted lotteries" for "State-conducted lotteries". (2) By amending subsection (a) to read as follows: (a) The provisions of sections 1301, 1302, 1303, and 1304 shall not apply to (1) an advertisement, list of prizes, or other information concerning a lottery conducted by a State acting under the authority of State law which is— (A) contained in a publication published in that State or in a State which conducts such a lottery; or (B) broadcast by a radio or television station licensed to a location in that State or a State which conducts such a lottery; or (2) an advertisement, list of prizes, or other information concerning a lottery, gift enterprise, or similar scheme, other than one described in paragraph (1), that is authorized or not otherwise prohibited by the State in which it is conducted and which is— (A) conducted by a not-for-profit organization or a governmental organization; or (B) conducted as a promotional activity by α commercial organization and is clearly occasional and ancillary to the primary business of that organization. (3) In subsection (d), by inserting “subsection (b) of" after "purposes of" and by adding at the end "For purposes of this section, the term a 'not-for-profit organization' means any organization that would qualify as tax exempt under section 501 of the Internal Revenue Code of 1986." AMENDMENTS 1979-Subsec. (b). Pub. L. 96-90, § 1(a), incorporated existing provision in text designated cl. (1), included mailing of equipment, and added cl. (2). Subsec. (c). Pub. L. 96-90, § 1(b), designated existing text as cl. (1) and added cl. (2). 1976-Subsec. (a)(1). Pub. L. 94-525 inserted "or in an adjacent State which conducts such a lottery" after "State". EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-625, effective 18 months after Nov. 7, 1988, see section 5 of Pub. L. 100-625, set out as a note under section 1304 of this title. SEVERABILITY Section 4 of Pub. L. 100-625 provided that: "If any provision of this Act or the amendments made by this Act [amending sections 1304 and 1307 of this title and section 3005 of Title 39, Postal Service, and enacting provisions set out as notes under sections 1301 and 1304 of this title], or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act and the amendments made by this Act, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected by such invalidation." CHAPTER 63-MAIL FRAUD Offenses affecting Postal Service, see section 1691 et seq. of this title. CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 29 section 1111. § 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 1 So in original. Does not conform to section catchline. 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.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 338 (Mar. 4, 1909, ch. 321, § 215, 35 Stat. 1130). The obsolete argot of the underworld was deleted as suggested by Hon.- Emerich B. Freed, United States district judge, in a paper read before the 1944 Judicial Conference for the sixth circuit in which he said: A brief reference to § 1341, which proposes to reenact the present section covering the use of the mails to defraud. This section is almost a page in length, is involved, and contains a great deal of superfluous language, including such terms as "sawdust swindle, green articles, green coin, green goods and green cigars." This section could be greatly simplified, and now-meaningless language eliminated. The other surplusage was likewise eliminated and the section simplified without change of meaning. A reference to causing to be placed any letter, etc. in any post office, or station thereof, etc. was omitted as unnecessary because of definition of "principal" in section 2 of this title. 1949 ACT This section [section 34] corrects a typographical error in section 1341 of title 18, U.S.C. AMENDMENTS 1970-Pub. L. 91-375 substituted "Postal Service" for "Post Office Department". 1949-Act May 24, 1949, substituted "of" for "or" after "dispose". EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 1970, on date established therefor by the Board of Governors of the United States Postal Service and published by it in the 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. CROSS REFERENCES Fictitious name or address used in frauds and swindles, see section 1342 of this title. Postal Service, offenses against, see section 1691 et seq. of this title. Seizure and disposition of nonmailable matter, see section 3001 of Title 39, Postal Service. Use of fictitious, false or assumed name on mail to conduct, or assist in, activity in violation of this section, see section 3003 of Title 39. Use of mails for purchase or sale of securities before a registration statement under "Securities Act, 1933" is in effect made unlawful, see section 77e of Title 15, Commerce and Trade. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1342, 1961, 2516 of this title; title 7 section 12a; title 15 sections 780, 80b-3; title 39 sections 3001, 3003. § 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 addressed 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.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 339 (Mar. 4, 1909, ch. 321, § 216, 35 Stat. 1131). The punishment language used in section 1341 of this title was substituted in lieu of the reference to it in this section. Minor changes in phraseology were made. AMENDMENTS 1970-Pub. L. 91-375 substituted "Postal Service" for "Post Office Department of the United States". EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 1970, on date established therefor by the Board of Governors of the United States Postal Service and published by it in the 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. CROSS REFERENCES Seizure and disposition of nonmailable matter, see section 3001 of Title 39, Postal Service. Use of fictitious, false or assumed name on mail to conduct, or assist in, activity in violation of this section, see section 3003 of Title 39. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 7 section 12a; title 15 sections 780, 80b-3; title 39 sections 3001, 3003. § 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 purpose 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.) AMENDMENTS 1956-Act July 11, 1956, substituted "transmitted by means of wire, radio, or television communication in interstate or foreign commerce" for "transmitted by means of interstate wire, radio, or television communication". SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1961, 2516 of this title; title 7 section 12a; title 15 sections 780, 80b-3; title 47 sections 312, 503. § 1344. Bank fraud (a) Whoever knowingly executes, or attempts to execute, a scheme or artifice (1) to defraud a federally chartered or insured financial institution; or (2) to obtain any of the moneys, funds, credits, assets, securities or other property owned by or under the custody or control of a federally chartered or insured financial institution by means of false or fraudulent pretenses, representations, or promises, shall be fined not more than $10,000, or imprisoned not more than five years, or both. (b) As used in this section, the term "federally chartered or insured financial institution” means (1) a bank with deposits insured by the Federal Deposit Insurance Corporation; (2) an institution with accounts insured by the Federal Savings and Loan Insurance Corporation; (3) a credit union with accounts insured by the National Credit Union Administration Board; (4) a Federal home loan bank or a member, as defined in section 2 of the Federal Home Loan Bank Act (12 U.S.C. 1422), of the Federal home loan bank system; or (5) a bank, banking association, land bank, intermediate credit bank, bank for cooperatives, production credit association, land bank association, mortgage association, trust company, savings bank, or other banking or financial institution organized or operating under the laws of the United States. (Added Pub. L. 98-473, title II, § 1108(a), Oct. 12, 1984, 98 Stat. 2147.) SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1956 of this title. § 1345. Injunctions against fraud Whenever it shall appear that any person is engaged or is about to engage in any act which constitutes or will constitute a violation of this chapter, or of section 287, 371 (insofar as such violation involves a conspiracy to defraud the United States or any agency thereof), or 1001 of this title 2 the Attorney General may initiate 2 So in original. Probably should be followed by a comma. a civil proceeding in a district court of the United States to enjoin such violation. The court shall proceed as soon as practicable to the hearing and determination of such an action, and may, at any time before final determination, enter such a restraining order or prohibition, or take such other action, as is warranted to prevent a continuing and substantial injury to the United States or to any person or class of persons for whose protection the action is brought. A proceeding under this section is governed by the Federal Rules of Civil Procedure, except that, if an indictment has been returned against the respondent, discovery is governed by the Federal Rules of Criminal Procedure. (Added Pub. L. 98-473, title II, § 1205(a), Oct. 12, 1984, 98 Stat. 2152, and amended Pub. L. 100-690, title VII, § 7077, Nov. 18, 1988, 102 Stat. 4406.) 1986-Pub. L. 99-646, § 29(b), Nov. 10, 1986, 100 Stat. 3598, redesignated item 1365, relating to destruction of an energy facility, as item 1366. Pub. L. 99-508, title III, § 303(b), Oct. 21, 1986, 100 Stat. 1873, added item 1367. 1984-Section 1365(d) of this title as added by Pub. L. 98-473, title II, § 1011(a), Oct. 12, 1984, 98 Stat. 2141, added item 1365, relating to destruction of an energy facility. 1983-Pub. L. 98-127, § 3, Oct. 13, 1983, 97 Stat. 832, added item 1365, relating to tampering with consumer products. CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 2516 of this title. 1 So in original. Should be followed by a period. § 1361. Government property or contracts Whoever willfully injures or commits any depredation against any property of the United States, or of any department or agency thereof, or any property which has been or is being manufactured or constructed for the United States, or any department or agency thereof, shall be punished as follows: If the damage to such property exceeds the sum of $100, by a fine of not more than $10,000 or imprisonment for not more than ten years, or both; if the damage to such property does not exceed the sum of $100, by a fine of not more than $1,000 or by imprisonment for not more than one year, or both. (June 25, 1948, ch. 645, 62 Stat. 764.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 82 (Mar. 4, 1909, ch. 321, § 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52 Stat. 197). The embezzlement and theft provisions of section 82 of title 18, U.S.C., 1940 ed., are now incorporated in section 641 of this title. Words "or any corporation in which the United States of America is a stockholder" were omitted as unnecessary in view of definition of "agency" in section 6 of this title. Designation of the place of confinement as "in a jail" was omitted because section 4082 of this title commits all prisoners to the custody of the Attorney General or his authorized representative, who shall designate the place of confinement. (See reviser's note under section 1 of this title.) The smaller penalty for offenses involving $50 or less was extended to offenses involving $100 or less. The use of $50 as the dividing line between felonies and misdemeanors originated at a time when that sum was of much greater value than $100 is now. The word "damage" was substituted twice for the word "value", and the definition of "value" was omitted as inapplicable to this section. These words and definition, however, are retained in that part of said section 82 which is now section 641 of this title. Minor changes were made in phraseology. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 3050 of this title; title 12 section 1457. § 1362. Communication lines, stations or systems Whoever willfully or maliciously injures or destroys any of the works, property, or material of any radio, telegraph, telephone or cable, line, station, or system, or other means of communication, operated or controlled by the United States, or used or intended to be used for military or civil defense functions of the United States, whether constructed or in process of construction, or willfully or maliciously interferes in any way with the working or use of any such line, or system, or willfully or maliciously obstructs, hinders, or delays the transmission of any communication over any such line, or system, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. In the case of any works, property, or material, not operated or controlled by the United States, this section shall not apply to any lawful strike activity, or other lawful concerted activities for the purposes of collective bargain |