§1004 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

It is a crime for certain bank officers, directors, agents, or employees to certify a check before the person who wrote it has actually deposited enough money to cover it. It also bans using tricks or fake obligations to get around the rules about certifying checks. It applies to people at Federal Reserve banks, member banks of the Federal Reserve System, insured banks (see section 3(h) of the Federal Deposit Insurance Act), branches or agencies of foreign banks, and organizations operating under section 25 or 25(a) of the Federal Reserve Act. A person who does this can be fined under federal law, jailed for up to five years, or both.

Title 18, §1004

Crimes and Criminal Procedure — Source: USLM XML via OLRC

Whoever, being an officer, director, agent, or employee of any Federal Reserve bank, member bank of the Federal Reserve System, insured bank (as defined in section 3(h) of the Federal Deposit Insurance Act), branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or organization operating under section 25 or section 25(a) 11 See References in Text note below. of the Federal Reserve Act, certifies a check before the amount thereof has been regularly deposited in the bank, branch, agency, or organization, by the drawer thereof, or resorts to any device, or receives any fictitious obligation, directly or collaterally, in order to evade any of the provisions of law relating to certification of checks, shall be fined under this title or imprisoned not more than five years, or both.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on section 591 of title 12, U.S.C., 1940 ed., Banks and Banking (R.S. § 5208; July 12, 1882, ch. 290, § 13, 22 Stat. 166; Sept. 26, 1918, ch. 177, § 7, 40 Stat. 972; Feb. 25, 1927, ch. 191, § 12, 44 Stat. 1231). Words “be deemed guilty of a misdemeanor and shall” were omitted as unnecessary in view of definition of misdemeanor in section 1 of this title. Words “on conviction thereof” were omitted as surplusage, because punishment cannot be imposed until after conviction. Words “in any district court of the United States” were omitted as unnecessary, because section 3231 of this title confers jurisdiction on Federal district courts of all crimes and offenses defined in this title. Changes were made in phraseology.

Editorial Notes

References in Text

section 3(h) of the Federal Deposit Insurance Act, referred to in text, is classified to section 1813(h) of Title 12, Banks and Banking. section 1(b) of the International Banking Act of 1978, referred to in text, is classified to section 3101 of Title 12. section 25 of the Federal Reserve Act, referred to in text, is classified to subchapter I (§ 601 et seq.) of chapter 6 of Title 12. section 25(a) of the Federal Reserve Act, which is classified to subchapter II (§ 611 et seq.) of chapter 6 of Title 12, was renumbered section 25A of that act by Pub. L. 102–242, title I, § 142(e)(2), Dec. 19, 1991, 105 Stat. 2281.

Amendments

1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000”. 1990—Pub. L. 101–647 substituted a comma for “or” after “Federal Reserve bank” and inserted “insured bank (as defined in section 3(h) of the Federal Deposit Insurance Act), branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978), or organization operating under section 25 or section 25(a) of the Federal Reserve Act,” after “Federal Reserve System,” and “, branch, agency, or organization,” after “has been regularly deposited in the bank”.

§1004 Certification of checks