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Title 18 — Crimes and Criminal Procedure

Part I · Chapter 47 — Fraud and False Statements

§ 1032. Concealment of assets from conservator, receiver, or liquidating agent

Statutory text

Whoever—

(1)

knowingly conceals or endeavors to conceal an asset or property from the Federal Deposit Insurance Corporation, acting as conservator or receiver or in the Corporation’s corporate capacity with respect to any asset acquired or liability assumed by the Corporation under section 11, 12, or 13 of the Federal Deposit Insurance Act, any conservator appointed by the Comptroller of the Currency, the Federal Deposit Insurance Corporation acting as receiver for a covered financial company, in accordance with title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act, or the National Credit Union Administration Board, acting as conservator or liquidating agent;

(2)

corruptly impedes or endeavors to impede the functions of such Corporation, Board, or conservator; or

(3)

corruptly places or endeavors to place an asset or property beyond the reach of such Corporation, Board, or conservator,

shall be fined under this title or imprisoned not more than 5 years, or both.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Comprehensive Thrift and Bank Fraud Prosecution and Taxpayer Recovery Act of 1990

    Pub. L. 101–647 title XXV § 2501(a) · 104 Stat. 4789

    Enacted · 18 U.S.C. § 1032

    Added Pub. L. 101–647, title XXV, § 2501(a), Nov. 29, 1990, 104 Stat. 4859

    Source evidence

    Code source credit
    Added Pub. L. 101–647, title XXV, § 2501(a), Nov. 29, 1990, 104 Stat. 4859

    Enacted provision · exact public law section
    (a) In General.— Chapter 47 of title 18, United States Code, is amended by adding at the end the following new section: “§ 1032. Concealment of assets from conservator, receiver, or liquidating agent of financial institution “Whoever— “(1) knowingly conceals or endeavors to conceal an asset or property from the Federal Deposit Insurance Corporation, acting as conservator or receiver or in the Corporation’s corporate capacity with respect to any asset acquired or liability assumed by the Corporation under section 11, 12, or 13, of the Federal Deposit Insurance Act, the Resolution Trust Corporation, any conservator appointed by the Comptroller of the Currency or the Director of the Office of Thrift Supervision, or the National Credit Union Administration Board, acting as conservator or liquidating agent; “(2) corruptly impedes or endeavors to impede the functions of such Corporation, Board, or conservator; or “(3) corruptly places or endeavors to place an asset or property beyond the reach of such Corporation, Board, or conservator, shall be fined under this title or imprisoned not more than 5 years, or both.”.

  2. Criminal Law Technical Amendments Act of 2002

    Pub. L. 107–273 div. B title IV § 4002(b)(13) · 116 Stat. 1758

    Substituted · 18 U.S.C. § 1032(1)

    Pub. L. 107–273 substituted “13” for “13,”

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 107–273 substituted “13” for “13,”.

    Enacted provision · exact public law section
    (13) Correction of punctuation in section 1032.— Section 1032(1) of title 18, United States Code, is amended by striking “13,” and inserting “13”.

  3. Dodd-Frank Wall Street Reform and Consumer Protection Act

    Pub. L. 111–203 § 211(b) · 124 Stat. 1376

    Struck · 18 U.S.C. § 1032

    Pub. L. 111–203, § 211(b), struck out “of financial institution” after “agent” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 111–203, § 211(b), struck out “of financial institution” after “agent” in section catchline.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 1032 of title 18, United States Code, is amended in the section heading, by striking “of financial institution”.

    Effective date note
    Amendment by section 211(a), (b) of Pub. L. 111–203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as an Effective Date note under section 5301 of Title 12, Banks and Banking. Amendment by section 377(7) of 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.

  4. Enhancing Financial Institution Safety and Soundness Act of 2010

    Pub. L. 111–203 § 377(7) · 124 Stat. 1376

    Struck · 18 U.S.C. § 1032(1)

    Pub. L. 111–203, § 377(7), struck out “the Resolution Trust Corporation,” after “Federal Deposit Insurance Act,” and “or the Director of the Office of Thrift Supervision” after “Comptroller of the Currency”

    Source evidence

    Code amendment note
    Par. (1). Pub. L. 111–203, § 377(7), struck out “the Resolution Trust Corporation,” after “Federal Deposit Insurance Act,” and “or the Director of the Office of Thrift Supervision” after “Comptroller of the Currency”.

    Enacted provision · exact public law section
    (7) in section 1032(1)— (A) by striking “the Resolution Trust Corporation,”; and (B) by striking “or the Director of the Office of Thrift Supervision”.

    Effective date note
    Amendment by section 211(a), (b) of Pub. L. 111–203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as an Effective Date note under section 5301 of Title 12, Banks and Banking. Amendment by section 377(7) of 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.

  5. Dodd-Frank Wall Street Reform and Consumer Protection Act

    Pub. L. 111–203 § 211(a) · 124 Stat. 1376

    Inserted · 18 U.S.C. § 1032(1)

    Pub. L. 111–203, § 211(a), inserted “the Federal Deposit Insurance Corporation acting as receiver for a covered financial company, in accordance with title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act,” before “or the National Credit”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 111–203, § 211(a), inserted “the Federal Deposit Insurance Corporation acting as receiver for a covered financial company, in accordance with title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act,” before “or the National Credit”.

    Enacted provision · exact public law section
    (a) Clarification of Prohibition Regarding Concealment of Assets From Receiver or Liquidating Agent.— Section 1032(1) of title 18, United States Code, is amended by inserting “the Federal Deposit Insurance Corporation acting as receiver for a covered financial company, in accordance with title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act,” before “or the National Credit”.

    Effective date note
    Amendment by section 211(a), (b) of Pub. L. 111–203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as an Effective Date note under section 5301 of Title 12, Banks and Banking. Amendment by section 377(7) of 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.

5 of 5 references resolved to an enrolled provision

Editorial Notes

References in Text

Sections 11, 12, and 13 of the Federal Deposit Insurance Act, referred to in par. (1), are classified to sections 1821, 1822, and 1823, respectively, of Title 12, Banks and Banking.

The Dodd-Frank Wall Street Reform and Consumer Protection Act, referred to in par. (1), is Pub. L. 111–203, , 124 Stat. 1376. Title II of the Act is classified principally to subchapter II (§ 5381 et seq.) of chapter 53 of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 12 and Tables.

Amendments2002–2010 · 2 rounds

2010

Pub. L. 111–203, § 211(b), struck out “of financial institution” after “agent” in section catchline.

Par. (1). Pub. L. 111–203, § 377(7), struck out “the Resolution Trust Corporation,” after “Federal Deposit Insurance Act,” and “or the Director of the Office of Thrift Supervision” after “Comptroller of the Currency”.

Pub. L. 111–203, § 211(a), inserted “the Federal Deposit Insurance Corporation acting as receiver for a covered financial company, in accordance with title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act,” before “or the National Credit”.

2002

Par. (1). Pub. L. 107–273 substituted “13” for “13,”.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Amendment by section 211(a), (b) of Pub. L. 111–203 effective 1 day after , except as otherwise provided, see section 4 of Pub. L. 111–203, set out as an Effective Date note under section 5301 of Title 12, Banks and Banking.

Amendment by section 377(7) of 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.

Credits

1990–2010 · 3 acts
  1. 1990Added Pub. L. 101–647, title XXV, § 2501(a), , 104 Stat. 4859
  2. 2002amended Pub. L. 107–273, div. B, title IV, § 4002(b)(13), , 116 Stat. 1808
  3. 2010Pub. L. 111–203, title II, § 211(a), (b), title III, § 377(7), , 124 Stat. 1514, 1569.
Show as published

(Added Pub. L. 101–647, title XXV, § 2501(a), , 104 Stat. 4859; amended Pub. L. 107–273, div. B, title IV, § 4002(b)(13), , 116 Stat. 1808; Pub. L. 111–203, title II, § 211(a), (b), title III, § 377(7), , 124 Stat. 1514, 1569.)

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