§1510 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Makes it a crime to bribe someone to stop, slow down, or keep information about a federal crime from a federal investigator. A person who does that can be fined, jailed for up to five years, or both. It is also illegal for a bank or similar officer, if trying to interfere with a court case, to tell a customer or anyone named in a subpoena that the bank got a federal order for customer records or that the bank gave records to the government. That crime also carries a fine, up to five years in prison, or both. The rule also applies in similar cases involving people working in insurance when a federal grand jury subpoena for records relates to certain insurance crimes. Finally, someone who has been told they must keep certain records or communications secret under specific federal rules and who then breaks those rules to obstruct an investigation or court case can be fined, jailed up to five years, or both. Definitions: "criminal investigator" = a person officially authorized by a U.S. agency to investigate or prosecute federal crimes; "officer of a financial institution" = an officer, director, partner, employee, agent, or attorney of a bank or similar firm; "subpoena for records" = a federal grand jury subpoena or other federal order for customer records served under certain federal laws.

Title 18, §1510

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Whoever willfully endeavors by means of bribery to obstruct, delay, or prevent the communication of information relating to a violation of any criminal statute of the United States by any person to a criminal investigator shall be fined under this title, or imprisoned not more than five years, or both.

(b)(1)Whoever, being an officer of a financial institution, with the intent to obstruct a judicial proceeding, directly or indirectly notifies any other person about the existence or contents of a subpoena for records of that financial institution, or information that has been furnished in response to that subpoena, shall be fined under this title or imprisoned not more than 5 years, or both.

(2)Whoever, being an officer of a financial institution, directly or indirectly notifies—

(A)a customer of that financial institution whose records are sought by a subpoena for records; or

(B)any other person named in that subpoena;

(3)As used in this subsection—

(A)the term “an officer of a financial institution” means an officer, director, partner, employee, agent, or attorney of or for a financial institution; and

(B)the term “subpoena for records” means a Federal grand jury subpoena, a subpoena issued under section 3486 of this title, or an order or subpoena issued in accordance with section 3512 of this title, section 5318 of title 31, or section 1782 of title 28, for customer records that has been served relating to a violation of, or a conspiracy to violate—

(i)section 215, 656, 657, 1005, 1006, 1007, 1014, 1344, 1956, 1957, 1960, an offense against a foreign nation constituting specified unlawful activity under section 1956, a foreign offense for which enforcement of a foreign forfeiture judgment could be brought under section 2467 of title 28, or chapter 53 of title 31; or

(ii)section 1341 or 1343 affecting a financial institution.

(c)As used in this section, the term “criminal investigator” means any individual duly authorized by a department, agency, or armed force of the United States to conduct or engage in investigations of or prosecutions for violations of the criminal laws of the United States.

(d)(1)Whoever—

(A)acting as, or being, an officer, director, agent or employee of a person engaged in the business of insurance whose activities affect interstate commerce, or

(B)is engaged in the business of insurance whose activities affect interstate commerce or is involved (other than as an insured or beneficiary under a policy of insurance) in a transaction relating to the conduct of affairs of such a business,

(2)As used in paragraph (1), the term “subpoena for records” means a Federal grand jury subpoena for records that has been served relating to a violation of, or a conspiracy to violate, section 1033 of this title.

(e)Whoever, having been notified of the applicable disclosure prohibitions or confidentiality requirements of section 2709(c)(1) of this title, section 626(d)(1) or 627(c)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681u(d)(1) or 1681v(c)(1)), section 1114(a)(3)(A) or 1114(a)(5)(D)(i) of the Right to Financial Privacy Act 11 So in original. Probably should be followed by “of 1978”. (12 U.S.C. 3414(a)(3)(A) or 3414(a)(5)(D)(i)), or section 802(b)(1) of the National Security Act of 1947 (50 U.S.C. 436(b)(1)),22 See References in Text note below. knowingly and with the intent to obstruct an investigation or judicial proceeding violates such prohibitions or requirements applicable by law to such person shall be imprisoned for not more than five years, fined under this title, or both.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Security Act of 1947, referred to in subsec. (e), is act July 26, 1947, ch. 343, 61 Stat. 495, which was formerly classified principally to chapter 15 (§ 401 et seq.) of Title 50, War and National Defense, prior to editorial reclassification in chapter 44 (§ 3001 et seq.) of Title 50. section 802 of this Act is now classified to section 3162 of Title 50. For complete classification of this Act to the Code, see Tables.

Amendments

2021—Subsec. (b)(3)(B). Pub. L. 116–283, § 6308(c)(1), substituted “, a subpoena issued under section 3486 of this title, or an order or subpoena issued in accordance with section 3512 of this title, section 5318 of title 31, or section 1782 of title 28” for “or a Department of Justice subpoena (issued under section 3486 of title 18)” in introductory provisions. Subsec. (b)(3)(B)(i). Pub. L. 116–283, § 6308(c)(2), inserted “, 1960, an offense against a foreign nation constituting specified unlawful activity under section 1956, a foreign offense for which

Enforcement

of a foreign forfeiture judgment could be brought under section 2467 of title 28” after “1957”. 2010—Subsec. (b)(1). Pub. L. 111–148, § 10606(d)(1)(A), struck out “to the grand jury” after “has been furnished”. Subsec. (b)(2). Pub. L. 111–148, § 10606(d)(1)(B)(ii), struck out “to the grand jury” after “has been furnished” in concluding provisions. Subsec. (b)(2)(A). Pub. L. 111–148, § 10606(d)(1)(B)(i), substituted “subpoena for records” for “grand jury subpoena”. 2006—Subsec. (e). Pub. L. 109–177 added subsec. (e). 1996—Subsec. (b)(3)(B). Pub. L. 104–191 which directed the insertion of “or a Department of Justice subpoena (issued under section 3486 of title 18),” after “subpoena”, was executed by making the insertion after “subpoena” the second place it appeared to reflect the probable intent of Congress. 1994—Subsec. (a). Pub. L. 103–322, § 330016(1)(K), substituted “fined under this title” for “fined not more than $5,000”. Subsec. (d). Pub. L. 103–322, § 320604(c), added subsec. (d). 1992—Subsec. (b)(3)(B)(i). Pub. L. 102–550 substituted “1344, 1956, 1957, or chapter 53 of title 31” for “or 1344”. 1989—Subsecs. (b), (c). Pub. L. 101–73 added subsec. (b) and redesignated former subsec. (b) as (c). 1982—Subsec. (a). Pub. L. 97–291 struck out “, misrepresentation, intimidation, or force or threats thereof” after “bribery”, and struck out provision applying the penalties provided by this subsection to whoever injured any person in his person or property on account of the giving by such person or any other person of any information relating to a violation of any criminal statute of the United States to any criminal investigator.

Statutory Notes and Related Subsidiaries

Effective Date

of 1982 AmendmentAmendment by Pub. L. 97–291 effective Oct. 12, 1982, see section 9(a) of Pub. L. 97–291, set out as an

Effective Date

note under section 1512 of this title.

§1510 Obstruction of Criminal Investigations

Summary

Title 18, §1510

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Enforcement

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata