Title 18 — Crimes and Criminal Procedure — § 1343. Fraud by wire, radio, or television
Summary
These pages of Title 18, Crimes and Criminal Procedure, print section 1343, Fraud by wire, radio, or television, which reaches anyone who uses wire, radio, or television communication in interstate or foreign commerce to execute a fraud, with a fine under this title or imprisonment of not more than 20 years, or both. If the violation involves a benefit paid in connection with a presidentially declared major disaster or emergency, or affects a financial institution, the maximum is a fine of not more than $1,000,000 or imprisonment of not more than 30 years. The amendment notes record that Pub. L. 107–204 substituted '20 years' for 'five years' in 2002 and that Pub. L. 110–179 added the disaster wording in 2008. The pages also print sections 1342, 1344 (bank fraud) and 1345 (injunctions against fraud).
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§ 1342 TITLE 18—CRIMES AND CRIMINAL PROCEDURE Page 364
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 sec-
tion 2 of this title.
1949 ACT
This section [section 34] corrects a typographical
error in section 1341 of title 18, U.S.C.
Editorial Notes
AMENDMENTS
2008—Pub. L. 110–179 inserted ‘‘occurs in relation to,
or involving any benefit authorized, transported, trans-
mitted, transferred, disbursed, or paid in connection
with, a presidentially declared major disaster or emer-
gency (as those terms are defined in section 102 of the
Robert T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5122)), or’’ after ‘‘If the viola-
tion’’.
2002—Pub. L. 107–204 substituted ‘‘20 years’’ for ‘‘five
years’’.
1994—Pub. L. 103–322, § 330016(1)(H), substituted ‘‘fined
under this title’’ for ‘‘fined not more than $1,000’’ after
‘‘thing, shall be’’.
Pub. L. 103–322, § 250006, inserted ‘‘or deposits or
causes to be deposited any matter or thing whatever to
be sent or delivered by any private or commercial
interstate carrier,’’ after ‘‘Postal Service,’’ and ‘‘or
such carrier’’ after ‘‘causes to be delivered by mail’’.
1990—Pub. L. 101–647 substituted ‘‘30’’ for ‘‘20’’ before
‘‘years’’.
1989—Pub. L. 101–73 inserted at end ‘‘If the violation
affects a financial institution, such person shall be
fined not more than $1,000,000 or imprisoned not more
than 20 years, or both.’’
1970—Pub. L. 91–375 substituted ‘‘Postal Service’’ for
‘‘Post Office Department’’.
1949—Act May 24, 1949, substituted ‘‘of’’ for ‘‘or’’ after
‘‘dispose’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91–375 effective within 1 year
after Aug. 12, 1970, on date established therefor by
Board of Governors of United States Postal Service and
published by it in Federal Register, see section 15(a) of
Pub. L. 91–375, set out as an Effective Date note pre-
ceding section 101 of Title 39, Postal Service.
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107–204, title IX, § 901, July 30, 2002, 116 Stat.
804, provided that: ‘‘This title [enacting sections 1349
and 1350 of this title, amending this section, section
1343 of this title, and section 1131 of Title 29, Labor, and
enacting provisions set out as notes under section 994
of Title 28, Judiciary and Judicial Procedure] may be
cited as the ‘White-Collar Crime Penalty Enhancement
Act of 2002’.’’
§ 1342. Fictitious name or address
Whoever, for the purpose of conducting, pro-
moting, or carrying on by means of the Postal
Service, any scheme or device mentioned in sec-
tion 1341 of this title or any other unlawful busi-
ness, uses or assumes, or requests to be ad-
dressed 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 mat-
ter, 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 under this title or imprisoned not more
than five years, or both.
(June 25, 1948, ch. 645, 62 Stat. 763; Pub. L. 91–375,
§ 6(j)(12), Aug. 12, 1970, 84 Stat. 778; Pub. L.
103–322, title XXXIII, § 330016(1)(H), Sept. 13, 1994,
108 Stat. 2147.)
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.
Editorial Notes
AMENDMENTS
1994—Pub. L. 103–322 substituted ‘‘fined under this
title’’ for ‘‘fined not more than $1,000’’.
1970—Pub. L. 91–375 substituted ‘‘Postal Service’’ for
‘‘Post Office Department of the United States’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91–375 effective within 1 year
after Aug. 12, 1970, on date established therefor by
Board of Governors of United States Postal Service and
published by it in Federal Register, see section 15(a) of
Pub. L. 91–375, set out as an Effective Date note pre-
ceding section 101 of Title 39, Postal Service.
§ 1343. Fraud by wire, radio, or television
Whoever, having devised or intending to devise
any scheme or artifice to defraud, or for obtain-
ing money or property by means of false or
fraudulent pretenses, representations, or prom-
ises, transmits or causes to be transmitted by
means of wire, radio, or television communica-
tion in interstate or foreign commerce, any
writings, signs, signals, pictures, or sounds for
the purpose of executing such scheme or arti-
fice, shall be fined under this title or imprisoned
not more than 20 years, or both. If the violation
occurs in relation to, or involving any benefit
authorized, transported, transmitted, trans-
ferred, disbursed, or paid in connection with, a
presidentially declared major disaster or emer-
gency (as those terms are defined in section 102
of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122)), or
affects a financial institution, such person shall
be fined not more than $1,000,000 or imprisoned
not more than 30 years, or both.
(Added July 16, 1952, ch. 879, § 18(a), 66 Stat. 722;
amended July 11, 1956, ch. 561, 70 Stat. 523; Pub.
L. 101–73, title IX, § 961(j), Aug. 9, 1989, 103 Stat.
500; Pub. L. 101–647, title XXV, § 2504(i), Nov. 29,
1990, 104 Stat. 4861; Pub. L. 103–322, title XXXIII,
§ 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147; Pub.
L. 107–204, title IX, § 903(b), July 30, 2002, 116
Stat. 805; Pub. L. 110–179, § 3, Jan. 7, 2008, 121
Stat. 2557.)
Editorial Notes
AMENDMENTS
2008—Pub. L. 110–179 inserted ‘‘occurs in relation to,
or involving any benefit authorized, transported, trans-
Page 365 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1345
mitted, transferred, disbursed, or paid in connection
with, a presidentially declared major disaster or emer-
gency (as those terms are defined in section 102 of the
Robert T. Stafford Disaster Relief and Emergency As-
sistance Act (42 U.S.C. 5122)), or’’ after ‘‘If the viola-
tion’’.
2002—Pub. L. 107–204 substituted ‘‘20 years’’ for ‘‘five
years’’.
1994—Pub. L. 103–322 substituted ‘‘fined under this
title’’ for ‘‘fined not more than $1,000’’.
1990—Pub. L. 101–647 substituted ‘‘30’’ for ‘‘20’’ before
‘‘years’’.
1989—Pub. L. 101–73 inserted at end ‘‘If the violation
affects a financial institution, such person shall be
fined not more than $1,000,000 or imprisoned not more
than 20 years, or both.’’
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 commu-
nication’’.
§ 1344. Bank fraud
Whoever knowingly executes, or attempts to
execute, a scheme or artifice—
(1) to defraud a financial institution; or
(2) to obtain any of the moneys, funds, cred-
its, assets, securities, or other property owned
by, or under the custody or control of, a finan-
cial institution, by means of false or fraudu-
lent pretenses, representations, or promises;
shall be fined not more than $1,000,000 or impris-
oned not more than 30 years, or both.
(Added Pub. L. 98–473, title II, § 1108(a), Oct. 12,
1984, 98 Stat. 2147; amended Pub. L. 101–73, title
IX, § 961(k), Aug. 9, 1989, 103 Stat. 500; Pub. L.
101–647, title XXV, § 2504(j), Nov. 29, 1990, 104
Stat. 4861.)
Editorial Notes
AMENDMENTS
1990—Pub. L. 101–647 substituted ‘‘30’’ for ‘‘20’’ before
‘‘years’’.
1989—Pub. L. 101–73 amended section generally, re-
stating former subsec. (a) and striking out former sub-
sec. (b) which defined ‘‘federally chartered or insured
financial institution’’. Prior to amendment, subsec. (a)
read as follows: ‘‘Whoever knowingly executes, or at-
tempts to execute, a scheme or artifice—
‘‘(1) to defraud a federally chartered or insured fi-
nancial institution; or
‘‘(2) to obtain any of the moneys, funds, credits, as-
sets, securities or other property owned by or under
the custody or control of a federally chartered or in-
sured financial institution by means of false or fraud-
ulent pretenses, representations, or promises, shall be
fined not more than $10,000, or imprisoned not more
than five years, or both.’’
§ 1345. Injunctions against fraud
(a)(1) If a person is—
(A) violating or about to violate this chapter
or section 287, 371 (insofar as such violation in-
volves a conspiracy to defraud the United
States or any agency thereof), or 1001 of this
title;
(B) committing or about to commit a bank-
ing law violation (as defined in section 3322(d)
of this title); or
(C) committing or about to commit a Fed-
eral health care offense;
the Attorney General may commence a civil ac-
tion in any Federal court to enjoin such viola-
tion.
(2) If a person is alienating or disposing of
property, or intends to alienate or dispose of
property, obtained as a result of a banking law
violation (as defined in section 3322(d) of this
title) or a Federal health care offense or prop-
erty which is traceable to such violation, the
Attorney General may commence a civil action
in any Federal court—
(A) to enjoin such alienation or disposition
of property; or
(B) for a restraining order to—
(i) prohibit any person from withdrawing,
transferring, removing, dissipating, or dis-
posing of any such property or property of
equivalent value; and
(ii) appoint a temporary receiver to admin-
ister such restraining order.
(3) A permanent or temporary injunction or
restraining order shall be granted without bond.
(b) The court shall proceed as soon as prac-
ticable to the hearing and determination of such
an action, and may, at any time before final de-
termination, enter such a restraining order or
prohibition, or take such other action, as is war-
ranted 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 Proce-
dure, except that, if an indictment has been re-
turned against the respondent, discovery is gov-
erned by the Federal Rules of Criminal Proce-
dure.
(Added Pub. L. 98–473, title II, § 1205(a), Oct. 12,
1984, 98 Stat. 2152; amended Pub. L. 100–690, title
VII, § 7077, Nov. 18, 1988, 102 Stat. 4406; Pub. L.
101–647, title XXV, § 2521(b)(2), title XXXV, § 3542,
Nov. 29, 1990, 104 Stat. 4865, 4925; Pub. L. 103–322,
title XXXIII, § 330011(k), Sept. 13, 1994, 108 Stat.
2145; Pub. L. 104–191, title II, § 247, Aug. 21, 1996,
110 Stat. 2018; Pub. L. 107–273, div. B, title IV,
§ 4002(b)(14), Nov. 2, 2002, 116 Stat. 1808.)
Editorial Notes
REFERENCES IN TEXT
The Federal Rules of Civil Procedure, referred to in
subsec. (b), are set out in the Appendix to Title 28, Ju-
diciary and Judicial Procedure.
The Federal Rules of Criminal Procedure, referred to
in subsec. (b), are set out in the Appendix to this title.
AMENDMENTS
2002—Subsec. (a)(1)(B). Pub. L. 107–273, § 4002(b)(14)(A),
substituted ‘‘; or’’ for ‘‘, or’’ at end.
Subsec. (a)(1)(C). Pub. L. 107–273, § 4002(b)(14)(B), sub-
stituted semicolon for period at end.
1996—Subsec. (a)(1)(C). Pub. L. 104–191, § 247(a), added
subpar. (C).
Subsec. (a)(2). Pub. L. 104–191, § 247(b), inserted ‘‘or a
Federal health care offense’’ after ‘‘title)’’.
1994—Pub. L. 103–322, § 330011(k), repealed Pub. L.
101–647, § 3542. See 1990 Amendment note below.
1990—Pub. L. 101–647, § 2521(b)(2), added subsec. (a), in-
serted subsec. (b) designation, and struck out former
first sentence which read as follows: ‘‘Whenever it shall
appear that any person is engaged or is about to engage
in any act which constitutes or will constitute a viola-
tion 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 the Attorney General may initiate a civil pro-
ceeding in a district court of the United States to en-
join such violation.’’
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