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

Summary

It makes it a crime for an officer, director, or employee of a bank or similar place to give a loan or gift to a person who inspects or can inspect that bank. The person who does this can be fined, go to jail for up to 1 year, or both. They may also have to pay back the same amount they gave. Federal bank regulators can make extra rules about who can apply for and get credit or home loans, after they talk with each other. Definitions: "examiner" = a person chosen by a federal or state agency to examine a financial institution. "Federal financial institution regulatory agency" = agencies such as the Office of the Comptroller of the Currency, the Federal Reserve Board, the FDIC, the FHFA, the Farm Credit Administration, the Farm Credit System Insurance Corporation, and the Small Business Administration. "Financial institution" = does not include credit unions, a Federal Reserve Bank, a Federal home loan bank, or a depository institution holding company. "Loan" = does not include credit card accounts under open-end plans or a mortgage on the examiner's main home if the applicant meets the usual requirements, the terms are no better than what others get, and it is the examiner's primary residence.

Title 18, §212

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Except as provided in subsection (b), whoever, being an officer, director, or employee of a financial institution, makes or grants any loan or gratuity, to any examiner or assistant examiner who examines or has authority to examine such bank, branch, agency, organization, corporation, association, or institution—

(1)shall be fined under this title, imprisoned not more than 1 year, or both; and

(2)may be fined a further sum equal to the money so loaned or gratuity given.

(b)A Federal financial institution regulatory agency may prescribe regulations establishing additional limitations on the application for and receipt of credit under this section and on the application and receipt of residential mortgage loans under this section, after consulting with each other Federal financial institution regulatory agency.

(c)In this section:

(1)The term “examiner” means any person—

(A)appointed by a Federal financial institution regulatory agency or pursuant to the laws of any State to examine a financial institution; or

(B)elected under the law of any State to conduct examinations of any financial institutions.

(2)The term “Federal financial institution regulatory agency” means—

(A)the Office of the Comptroller of the Currency;

(B)the Board of Governors of the Federal Reserve System;

(C)the Federal Deposit Insurance Corporation;

(D)the Federal Housing Finance Agency;

(E)the Farm Credit Administration;

(F)the Farm Credit System Insurance Corporation; and

(G)the Small Business Administration.

(3)The term “financial institution” does not include a credit union, a Federal Reserve Bank, a Federal home loan bank, or a depository institution holding company.

(4)The term “loan” does not include any credit card account established under an open end consumer credit plan or a loan secured by residential real property that is the principal residence of the examiner, if—

(A)the applicant satisfies any financial requirements for the credit card account or residential real property loan that are generally applicable to all applicants for the same type of credit card account or residential real property loan;

(B)the terms and conditions applicable with respect to such account or residential real property loan, and any credit extended to the examiner under such account or residential real property loan, are no more favorable generally to the examiner than the terms and conditions that are generally applicable to credit card accounts or residential real property loans offered by the same financial institution to other borrowers cardholders 11 So in original. in comparable circumstances under open end consumer credit plans or for residential real property loans; and

(C)with respect to residential real property loans, the loan is with respect to the primary residence of the applicant.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 212, acts

June 25, 1948, ch. 645, 62 Stat. 694, § 212, formerly § 217; Pub. L. 85–699, title VII, § 701(a), Aug. 21, 1958, 72 Stat. 698; Pub. L. 86–168, title I, § 104(h), Aug. 18, 1959, 73 Stat. 387; renumbered § 212, Pub. L. 87–849, § 1(d), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 101–73, title IX, § 962(a)(1), Aug. 9, 1989, 103 Stat. 501; Pub. L. 101–647, title XXV, § 2597(b), Nov. 29, 1990, 104 Stat. 4908; Pub. L. 103–322, title XXXIII, §§ 330004(1), 330010(1), 330016(1)(K), Sept. 13, 1994, 108 Stat. 2141, 2143, 2147, related to offer of loan or gratuity to bank examiner, prior to repeal by Pub. L. 108–198, § 2(a), Dec. 19, 2003, 117 Stat. 2899. Another prior section 212, act

June 25, 1948, ch. 645, 62 Stat. 693, related to an offer or threat to a customs officer or employee, prior to the general amendment to this chapter by Pub. L. 87–849 and is substantially covered by revised section 201.

Amendments

2010—Subsec. (c)(2)(C) to (H). Pub. L. 111–203 redesignated subpars. (D) to (H) as (C) to (G), respectively, and struck out former subpar. (C) which read as follows: “the Office of Thrift Supervision;”. 2008—Subsec. (c)(2)(E). Pub. L. 110–289 substituted “Federal Housing Finance Agency” for “Federal Housing Finance Board”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2010 AmendmentAmendment by Pub. L. 111–203 effective on the transfer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress.

§212 Offer of loan or gratuity to financial institution examiner