§ 215. Receipt of commissions or gifts for procuring loans

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. 1948

   Pub. L. 80–645 · 62 Stat. 683

   Enacted · 18 U.S.C. § 215

   June 25, 1948, ch. 645, 62 Stat. 695, § 215, formerly § 220

   Source evidence

   Code source credit
   June 25, 1948, ch. 645, 62 Stat. 695, § 215, formerly § 220

2. 1984

   Comprehensive Crime Control Act of 1984

   Pub. L. 98–473 title II § 1107(a) · 98 Stat. 1837

   Substituted · 18 U.S.C. § 215

   Pub. L. 98–473 amended section generally. Prior to amendment section read as follows: “Whoever, being an officer, director, employee, agent, or attorney of any bank, the deposits of which are insured by the Federal Deposit Insurance Corporation, of a Federal intermediate credit bank, or of a National Agricultural Credit Corporation, except as provided by law, stipulates for or receives or consents or agrees to receive any fee, commission, gift, or thing of value, from any person, firm, or corporation, for procuring or endeavoring to procure for such person, firm, or corporation, or for any other person, firm, or corporation, from any such bank or corporation, any loan or extension or renewal of loan or substitution of security, or the purchase or discount or acceptance of any paper, note, draft, check, or bill of exchange by any such bank or corporation, shall be fined not more than $5,000 or imprisoned not more than one year or both.”

   Source evidence

   Code amendment note
   Pub. L. 98–473 amended section generally. Prior to amendment section read as follows: “Whoever, being an officer, director, employee, agent, or attorney of any bank, the deposits of which are insured by the Federal Deposit Insurance Corporation, of a Federal intermediate credit bank, or of a National Agricultural Credit Corporation, except as provided by law, stipulates for or receives or consents or agrees to receive any fee, commission, gift, or thing of value, from any person, firm, or corporation, for procuring or endeavoring to procure for such person, firm, or corporation, or for any other person, firm, or corporation, from any such bank or corporation, any loan or extension or renewal of loan or substitution of security, or the purchase or discount or acceptance of any paper, note, draft, check, or bill of exchange by any such bank or corporation, shall be fined not more than $5,000 or imprisoned not more than one year or both.”

   Enacted provision · exact public law section
   (a) Section 215 of title 18 is amended to read as follows: “(a) Whoever, being an officer, director, employee, agent, or attorney of any financial institution, bank holding company, or savings and loan holding company, except as provided by law, directly or indirectly, asks, demands, exacts, solicits, seeks, accepts, receives or agrees to receive anything of value, for himself or for any other person or entity, other than such financial institution, from any person or entity for or in connection with any transaction or business of such financial institution; or “(b) Whoever, except as provided by law, directly or indirectly, gives, offers, or promises anything of value to any officer, director, employee, agent, or attorney of any financial institution, bank holding company, or savings and loan holding company, or offers or promises any such officer, director, employee, agent, or attorney to give anything of value to any person or entity, other than such financial institution, for or in connection with any transaction or business of such financial institution, shall be fined not more than $5,000 or three times the value of anything offered, asked, given, received, or agreed to be given or received, whichever is greater, or imprisoned not more than five years, or both; but if the value of anything offered, asked, given, received, or agreed to be given or received does not exceed $100, shall be fined not more than $1,000 or imprisoned not more than one year, or both. “(c) As used in this section— “(1) ‘financial institution’ means— “(A) any bank the deposits of which are insured by the Federal Deposit Insurance Corporation; “(B) any member, as defined in section 2 of the Federal 12 USC 1422. Home Loan Bank Act, as amended, of the Federal Home Loan Bank System and any Federal Home Loan Bank; “(C) any institution the accounts of which are insured by the Federal Savings and Loan Insurance Corporation; “(D) any credit union the accounts of which are insured by the Administrator of the National Credit Union Administration; “(E) any Federal land bank, Federal land bank association, Federal intermediate credit bank, production credit association, bank for cooperatives; and “(F) a small business investment company, as defined in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662); and “(2) ‘bank holding company’ or ‘savings and loan holding company’ means any person, corporation, partnership, business trust, association or similar organization which controls a financial institution in such a manner as to be a bank holding company or a savings and loan holding company under the Bank Holding Company Act Amendments of 1956 (12 U.S.C. 12 USC 1841 note. 12 USC 1701 note. 1841) or the Savings and Loan Holding Company Amendments of 1967 (12 U.S.C. 1730a). “(d) This section shall not apply to the payment by a financial institution of the usual salary or director’s fee paid to an officer, director, employee, agent, or attorney thereof, or to a reasonable fee paid by such financial institution to such officer, director, employee, agent, or attorney for services rendered to such financial institution.”.

3. 1986

   Pub. L. 99–370 § 2 · 100 Stat. 779

   1. Amended · 18 U.S.C. § 215

      Pub. L. 99–370 amended section generally, combining in subsec. (a) the statement of prohibited activities formerly set out in subsecs. (a) and (b), transferring to subsec. (b) and expanding provisions formerly set out in subsec. (c) which defined “financial institution”, transferring to subsec. (c)

   2. Changed · 18 U.S.C. § 215

      Pub. L. 99–370 amending provisions formerly set out in subsec. (d) relating to applicability of section

   3. Added · 18 U.S.C. § 215

      Pub. L. 99–370 adding new subsec. (d) relating to establishment of guidelines to assist financial institutions in complying with this section

   Source evidence

   Code amendment note
   Pub. L. 99–370 amended section generally, combining in subsec. (a) the statement of prohibited activities formerly set out in subsecs. (a) and (b), transferring to subsec. (b) and expanding provisions formerly set out in subsec. (c) which defined “financial institution”, transferring to subsec. (c) and amending provisions formerly set out in subsec. (d) relating to applicability of section, and adding new subsec. (d) relating to establishment of guidelines to assist financial institutions in complying with this section.

   Enacted provision · exact public law section
   SEC. 2. CHAPTER 11 AMENDMENT. Section 215 of title 18, United States Code, is amended to read as follows: “§ 215. Receipt of commissions or gifts for procuring loans “(a) Whoever— Law enforcement and crime. “(1) corruptly gives, offers, or promises anything of value to any person, with intent to influence or reward an officer, director, employee, agent, or attorney of a financial institution in connection with any business or transaction of such institution; or “(2) as an officer, director, employee, agent, or attorney of a financial institution, corruptly solicits or demands for the benefit of any person, or corruptly accepts or agrees to accept, anything of value from any person, intending to be influenced or rewarded in connection with any business or transaction of such institution; shall be fined not more than $5,000 or three times the value of the thing given, offered, promised, solicited, demanded, accepted, or agreed to be accepted, whichever is greater, or imprisoned not more than five years, or both, but if the value of the thing given, offered, promised, solicited, demanded, accepted, or agreed to be accepted does not exceed $100, shall be fined not more than $1,000 or imprisoned not more than one year, or both. “(b) As used in this section, the term ‘financial institution’ means— “(1) a bank with deposits insured by the Federal Deposit Insurance Corporation; “(2) an institution with accounts insured by the Federal Savings and Loan Insurance Corporation; “(3) a credit union with accounts insured by the National Credit Union Share Insurance Fund; “(4) a Federal home loan bank or a member, as defined in section 2 of the Federal Home Loan Bank Act (12 U.S.C. 1422), of the Federal home loan bank system; “(5) a Federal land bank, Federal intermediate credit bank, bank for cooperatives, production credit association, and Federal land bank association; “(6) a small business investment company, as defined in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662); “(7) a bank holding company as defined in section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841); or “(8) a savings and loan holding company as defined in section 408 of the National Housing Act (12 U.S.C. 1730a). “(c) This section shall not apply to bona fide salary, wages, fees, or other compensation paid, or expenses paid or reimbursed, in the usual course of business. “(d) Federal agencies with responsibility for regulating a financial institution shall jointly establish such guidelines as are appropriate to assist an officer, director, employee, agent, or attorney of a financial institution to comply with this section. Such agencies shall Public information. make such guidelines available to the public”.

   Effective date note
   Pub. L. 99–370, § 3, Aug. 4, 1986, 100 Stat. 780, provided that: “This Act and the amendments made by this Act [amending this section and enacting a provision set out as a note under section 201 of this title] shall take effect 30 days after the date of the enactment of this Act [Aug. 4, 1986].”

4. 1989

   Financial Institutions Reform, Recovery, and Enforcement Act of 1989

   Pub. L. 101–73 § 961(a) · 103 Stat. 183

   1. Substituted · 18 U.S.C. § 215(a)

      Pub. L. 101–73, § 961(a), in closing provisions, substituted “$1,000,000” for “$5,000”

   2. Substituted · 18 U.S.C. § 215(a)

      Pub. L. 101–73, § 961(a), in closing provisions, substituted “20 years” for “five years”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–73, § 961(a), in closing provisions, substituted “$1,000,000” for “$5,000” and “20 years” for “five years”.

   Enacted provision · exact public law section
   (a) Receipt of Commissions or Gifts for Procuring Loans.— Section 215(a) of title 18, United States Code, is amended— (1) by striking “$5,000” and inserting “$1,000,000”; and (2) by striking “five” and inserting

5. 1989

   Financial Institutions Reform, Recovery, and Enforcement Act of 1989

   Pub. L. 101–73 § 962(e)(1) · 103 Stat. 183

   Changed · 18 U.S.C. § 215(b)

   Pub. L. 101–73, § 962(e)(1), transferred subsec. (b) to section 20 of this title

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–73, § 962(e)(1), transferred subsec. (b) to section 20 of this title.

   Enacted provision · exact public law section
   (1) In general.— Subsection (b) of section 215 of title 18, United States Code, is transferred to the end of chapter 1 of such title.

6. 1990

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

   Pub. L. 101–647 title XXV § 2504(a) · 104 Stat. 4789

   Substituted · 18 U.S.C. § 215(a)

   Pub. L. 101–647 substituted “30” for “20” before “years” in concluding provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–647 substituted “30” for “20” before “years” in concluding provisions.

   Enacted provision · exact public law section
   (a) Receipt of Commissions or Gifts for Procuring Loans.— Section 215(a) of title 18, United States Code, is amended by striking “20” and inserting “30”.

7. 1994

   Violent Crime Control and Law Enforcement Act of 1994

   Pub. L. 103–322 title XXXIII § 330016(1)(H) · 108 Stat. 1796

   Substituted · 18 U.S.C. § 215(a)

   Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000” in concluding provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–322 substituted “fined under this title” for “fined not more than $1,000” in concluding provisions.

   Enacted provision · exact public law section
   (H) in sections 81, 210, 211, 215, 217, 242, 245, 291, 292, 439, 442, 480, 483, 484, 490, 491, 494, 495, 503, 507, 510, 594, 595, 596, 597, 598, 599, 604, 605, 641, 643, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 661, 662, 665, 712, 751, 752, 756, 795, 796, 797, 836, 844, 871, 875, 876, 877, 879, 911, 912, 913, 924, 957, 959, 961, 1003, 1012, 1021, 1025, 1026, 1071, 1112, 1163, 1262, 1263, 1264, 1301, 1302, 1304, 1306, 1341, 1342, 1343, 1361, 1363, 1384, 1504, 1508, 1509, 1657, 1705, 1706, 1707, 1711, 1715, 1716, 1733, 1738, 1761, 1762, 2276, 2277, 2278, 2382, and 2389 by striking “not more than $1,000” each place it appears and inserting “under this title”;

8. 1996

   Economic Espionage Act of 1996

   Pub. L. 104–294 title VI § 606(a) · 110 Stat. 3488

   Substituted · 18 U.S.C. § 215(a)

   Pub. L. 104–294 substituted “$1,000” for “$100” in concluding provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–294 substituted “$1,000” for “$100” in concluding provisions.

   Enacted provision · exact public law section
   (a) Sections 215, 288, 641, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 657, 658, 659, 661, 662, 665, 872, 1003, 1025, 1163, 1361, 1707, 1711, and 2113 of title 18, United States Code, are amended by striking “$100” each place it appears and inserting “$1,000”.

10 of 11 references resolved to an enrolled provision · 1 partial