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tage, or promise thereof, for acting or forbearing to act in any bankruptcy proceeding; or

Whoever, while an agent or officer of any person or corporation, and in contemplation of a bankruptcy proceeding by or against such person or corporation, or with intent to defeat the bankruptcy law, knowingly and fraudulently transfers or conceals any of the property of such person or corporation; or

Whoever, after the filing of a bankruptcy proceeding or in contemplation thereof, knowingly and fraudulently conceals, destroys, mutilates, falsifies, or makes a false entry in any document affecting or relating to the property or affairs of a bankrupt; or

Whoever, after the filing of a bankruptcy proceeding, knowingly and fraudulently withholds from the receiver, custodian, trustee, marshal, or other officer of the court entitled to its possession, any document affecting or relating to the property or affairs of a bankrupt,

Shall be fined not more than $5,000 or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 689.)

LEGISLATIVE HISTORY Reviser's Note.--Based on section 52 (b) of title 11, U.S. C., 1940 ed., Bankruptcy (July 1, 1898, ch. 541, $ 29b, 30 Stat. 554; May 27, 1926, ch. 406, § 11 (part), 44 Stat. 665; June 22, 1938, ch. 575, § 1 (part), 52 Stat. 855).

Section was broadened to apply to one who gives or offers a bribe. Minor changes were made in phraseology.

CROSS REFERENCES Bankruptcy investigations; duties of United States attorney, see section 3057 of this title.

Conceal as including secrete, falsify, and mutilate, see section 1 (7) of Title 11, Bankruptcy.

Discharges, refusal to grant when offense committed under this section, see section 32 of Title 11, Bankruptcy.

Examination of bankrupt, evidence as inadmissible in criminal proceedings, see section 25 of Title 11, Bankruptcy.

Limitation of prosecutions, see section 3285 of this title. 8 153. Embezzlement by trustee, receiver or officer.

Whoever knowingly and fraudulently appropriates to his own use, embezzles, spends, or transfers any property or secretes or destroys any document belonging to the estate of a bankrupt which came into his charge as trustee, receiver, custodian, marshal, or other officer of the court, shall be fined not more than $5,000 or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 690.)

LEGISLATIVE HISTORY Reviser's Note. Based on section 52 (a) of title 11, U.S. C., 1940 ed., Bankruptcy (July 1, 1898, ch. 541, $ 29a, 30 Stat. 554; May 27, 1926, ch. 406, § 11 (part), 44 Stat. 665; June 22, 1938, ch. 575, $ 1 (part), 52 Stat. 855). Minor changes were made in phraseology.

CROSS REFERENCES Debts of bankrupt created by fraud, embezzlement, misappropriation or defalcation while acting as an officer or in any fiduciary capacity as not affected by a discharge, see section 35 of Title 11, Bankruptcy.

Embezzlement by court officers, generally, see section 645 of this title.

Whoever, being a referee, receiver, custodian, trustee, marshal, or other officer of the court, knowingly purchases, directly or indirectly, any property of the estate of which he is such oficer in a bankruptcy proceeding; or

Whoever being such officer, knowingly refuses to permit a reasonable opportunity for the inspection of the documents and accounts relating to the af. fairs of estates in his charge by parties in interest when directed by the court to do so

Shall be fined not more than $500, and shall forfeit his office, which shall thereupon become vacant. (June 25, 1948, ch. 645, § 1, 62 Stat. 690.)

LEGISLATIVE HISTORY Reviser's Note.-Based on section 52 (c) of title 11, U. S. C., 1940 ed., Bankruptcy (July 1, 1898, ch. 541, § 29c, 30 Stat. 554; June 22, 1938, ch. 575, $ 1 (part), 52 Stat. 856).

Minor changes were made in phraseology. $ 155. Fee agreements in bankruptcy proceedings.

Whoever, being a party in interest, whether as a debtor, creditor, receiver, trustee or representative of any of them, or attorney for any such party in interest, in any receivership, bankruptcy or reorganization proceeding in any United States court or under its supervision, enters into any agreement, express or implied, with another such party in interest or attorney for another such party in interest, for the purpose of fixing the fees or other compensation to be paid to any party in interest or to any attorney for any party in interest for services rendered in connection therewith, from the assets of the estate; or

Whoever, being a judge of a court of the United States knowingly approves the payment of any fees or compensation so fixed

Shall be fined not more than $5,000 or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 690; May 24, 1949, ch. 139, $ 4. 63 Stat. 90.)

LEGISLATIVE HISTORY Reviser's Note.-Based on section 5728 of title 28, U. S. C., 1940 ed., Judicial Code and Judiciary (Aug. 25, 1937, ch. 777, 50 Stat. 810.)

Words "upon conviction" were deleted as surplusage since punishment can be imposed only after a conviction.

A fine of “$5,000" was substituted for “$10,000" and "one year" for "five years", to reduce the offense to the grade of a misdemeanor and the punishment to an amount and term proportionate to the gravity of the offense. Minor changes were made in phraseology.

AMENDMENTS 1949—Act May 24, 1949, amended section to clarify it by inserting "or attorney for any such party in interest" in two places, and by inserting "in any United States court or under its supervision" in lieu of "in or under the supervision of any court of the United States."

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Offer to officer or other person.
Acceptance or solicitation by officer or other person.
Acceptance or demand by district attorneys or mar.

shals or their assistants.
Offer to Member of Congress.
Acceptance by Member of Congress.
Offer to judge or judicial oficer.
Acceptance by judge.
Acceptance or solicitation by Judicial oficer.
Offer to witness.

204.
205.
206.
207.
208.
209.

8 154. Adverse interest and conduct of referees and

other officers. Whoever knowingly acts as a referee in a case in which he is directly or indirectly interested; or

Sec. 210. Acceptance by witness. 211. Offer of gratuity to revenue officer. 212. Offer or threat to customs officer or employee. 213. Acceptance or demand by customs officer or em

ployee. 214. Offer to procure appointive public office. 215. Acceptance or solicitation to obtain appointive

public ofice. 216. Procurement of contract by officer or Member of

Congress. 217. Offer of loan or gratuity to bank examiner. 218. Acceptance of loan or gratuity by bank examiner. 219. Offer for procurement of Federal Reserve bank loan

and discount of commercial paper. 220. Receipt of commissions or gifts for procuring loans. 221. Receipt or charge of commission or gifts for farm

loan or land bank transactions. 222. Acceptance of consideration for adjustment of farm

indebtedness. 223. Home Owners' Loan Corporation transactions.

$201. Offer to officer or other person.

Whoever promises, offers, or gives any money or thing of value, or makes or tenders any check, order, contract, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value, to any officer or employee or person acting for or on behalf of the United States, or any department or agency thereof, in any oficial function, under or by authority of any such department or agency or to any officer or person acting for or on behalf of either House of Congress, or of any committee of either House, or both Houses thereof, with intent to influence his decision or action on any question, matter, cause, or proceeding which may at any time be pending, or which may by law be brought before him in his official capacity, or in his place of trust or profit, or with intent to influence him to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States, or to induce him to do or omit to do any act in violation of his lawful duty, shall be fined not more than three times the amount of such money or value of such thing or imprisoned not more than three years, or both.

This section shall not apply to violations of section 212 of this title. (June 25, 1948, ch. 645, § 1, 62 Stat. 691.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $ 91 (Mar. 4, 1909, ch. 321, $ 39, 35 Stat. 1096).

Section was expanded to embrace all officers or persons acting on behalf of any independent agencies or Government-owned or controlled corporations by inserting words "or any department or agency thereof”, and by substituting words "such department or agency" for "department or office of the Government thereof”.

The Supreme Court of the United States in construing section 93 of title 18, U. S. C., 1940 ed., section 434 of this title, in United States v. Strang (1920, 41 S. Ct. 165, 254 U. S. 491, 65 L. Ed. 368), held that persons employed by a Government-owned or controlled corporation, such as the old United States Shipping Board Emergency Fleet Corporation, were not within its reach or scope, because, strictly speaking, a Government-owned or controlled corporation is not an integral part of the United States Government but is to be regarded “as a separate entity". However, the Court implied strongly that said section 93 could be applicable to persons employed by such corporations if Congress so intended.

When Congress enacted this section as a part of the 1909 Criminal Code, the present ramifications of the executive branch were not foreseen, and, consequently, the language proved inadequate to cover every new agency as indicated by the holding in the Strang case. Since then the growth of agencies, independent establishments, and Government-owned or controlled corporations has been phenomenal. It is the purpose of the inserted language to further what appeared unquestionably to be the intent of Congress, namely, to cover all persons acting for the United States Government in an official function.

As a further indication of this intent, it should be noted that in 1933, Congress extended the provisions of this section to officers and other persons of the Home Owners' Loan Corporation by section 1467 (d) of title 12, U. S. C., 1940 ed., Banks and Banking, and every reason which existed for that extension is equally applicable to other Government corporations, establishments, or agencies. (See definition of department and agency in section 6 of this title.)

The words "check, order," were inserted following the words “makes or tenders any” and preceding the words "contract, undertaking, obligation, gratuity or security" to clarify the statute and to meet the decision in the case of United States v. Greene (D. C. N. Y. 1905, 136 Fed. 618, 651), holding that a check given as a bribe was void, worthless, and not "a thing of value." This change, recommended by the Department of Justice, gives recognition to the usages of modern commerce and to the common, wellunderstood acceptance of checks as "things of value." A similar change was made in each of the following sections 202, 204, 205, 207.

The last paragraph was added to except violations of section 212 of this title relating to customs officers in conformity with holding in Curione v. United States (C. C. A. N. Y. 1926, 11 F. 2d 471).

Mandatory punishment provisions were rephrased in the alternative because the court now has this discretion by making use of its power to suspend sentence under section 3651 of this title.

Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in section 2 of this title. Minor changes were made in phraseology.

CROSS REFERENCES Bribe moneys, disposition, see section 3612 of this title. 8 202. Acceptance or solicitation by officer or other

person. Whoever, being an officer or employee of, or person acting for or on behalf of the United States, in any official capacity, under or by virtue of the authority of any department or agency thereof, or an officer or person acting for or on behalf of either House of Congress, or of any committee of either House, or of both Houses thereof, asks, accepts, or receives any money, or any check, order, contract, promise, undertaking, obligation, gratuity, or security for the payment of money, or for the delivery or conveyance of anything of value, with intent to have his decision or action on any question, matter, cause, or proceeding which may at any time be pending, or which may by law be brought before him in his oficial capacity, or in his place of trust or profit, influenced thereby, shall be fined not more than three times the amount of such money or value of such thing or imprisoned not more than three years, or both; and shall forfeit his office or place and be disqualified from holding any office of honor, trust, or profit under the United States.

This section shall not apply to violations of section 213 of this title. (June 25, 1948, ch. 645, § 1, 62 Stat. 691.)

CROSS REFERENCES Demand or acceptance of bribe by United States attorney or marshal, see section 4047 (d) of Title 26, Internal Revenue Code.

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $ 207 (Mar. 4, 1909, ch. 321, § 117, 35 Stat. 1109).

To clarify meaning of this section and further effectuate the apparent intent of Congress to include within Its scope all government bodies the words “or agency thereof” were substituted for "or office of the Government thereof." (See U. S. v. Birdsall, 1913, 34 S. Ct. 512, 233 U. S. 223, 58 L. Ed. 930), in which the words "office" and "agency' of the government are used interchangeably. (See also reviser's note under section 201 of this title, and definition of "agency" in section 6 of this title.)

Already Congress, with respect to bribery of certain persons, has extended by reference the provisions of this section to the Federal Crop Insurance Corporation by subsection (f) of section 1514 of title 7, U. S. C., 1940 ed., Agriculture; to the Federal Deposit Insurance Corporation by subsection (w) of section 264 of title 12, U. S. C., 1940 ed., Banks and Banking; to the Reconstruction Finance Corporation by subsection (e) of section 616 of title 15, U. S. C., 1940 ed., Commerce and Trade; and to the Home Owners' Loan Corporation by subsection (d) of section 1467 of title 12, U. S. C., 1940 ed., Banks and Banking.

The words "check, order," were added to enumeration of instruments of bribery for reasons stated in reviser's note to section 201 of this title.

Last paragraph of this section was added to exclude the bribery of customs officers and to conform to the holding in Curione v. United States (C. C. A. N. Y. 1926, 11 F. (20) 471).

Mandatory punishment provision was rephrased in the alternative. (See reviser's note under section 201 of this title.) Minor changes were made in phraseology.

CROSS REFERENCES Demand or acceptance of gift, fee or illegal payment by revenue officer or agent, see section 4047 (e) (2), (10) of Title 26, Internal Revenue Code.

Disqualification from holding any office of honor, trust, or profit, additional grounds for, see sections 205, 206, 207, 216, 281, 282, 592, 593, 1901, 2071, 2381, 2385, 2387 of this title.

8 204. Offer to Member of Congress.

Whoever promises, offers, or gives any money or thing of value, or makes or tenders any check, order, contract, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value, to any Member of either House of Congress, or Delegates to Congress, or Resident Commissioner, either before or after he has qualified, or to any person with his consent, connivance, or concurrence, with intent to influence his action, vote, or decision on any question, matter, cause, or proceeding which may at any time be pending in either House of Congress, or before any committee thereof, or which by law may be brought before him in his capacity as such Member, Delegate, or Resident Commissioner, shall be fined not more than three times the amount of such money or value of such thing or imprisoned not more than three years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 692.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $ 200 (Mar. 4, 1909, ch. 321, $ 111, 35 Stat. 1108).

The words "check, order," were added to enumeration of instruments of bribery for reasons stated in reviser's note to section 201 of this title.

Mandatory punishment provision was rephrased in the alternative. (See reviser's note under section 201 of this title.)

Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal” in section 2 of this title.

Changes were also made in phraseology. 8 205. Acceptance by Member of Congress.

Whoever, being a Member of, or Delegate to, Congress, or a Resident Commissioner, either before or after he has qualified, directly or indirectly, asks, accepts, receives, or agrees to receive, any money or thing of value, or any promise, check, order, contract, undertaking, obligation, gratuity, or security for the payment of money or for the delivery or conveyance of anything of value to him or to any person with his consent, connivance, or concurrence, for his attention to, or services, or with the intent to have his action, vote, or decision influenced on any question, matter, cause, or proceeding, which may at any time be pending in either House of Congress or before any committee thereof, or which by law may be brought before him in his capacity as such Member, Delegate, or Resident Commissioner, shall be fined not more than three times the amount asked, accepted, or received or imprisoned not more than three years, or both; and shall forfeit his office or place, and be disqualified from holding any office of honor, trust, or profit under the United States. (June 25, 1948, ch. 645, § 1, 62 Stat. 692.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $ 199 (Mar. 4, 1909, ch. 321, $ 110, 35 Stat. 1108).

The words "check, order," were added to enumeration of instruments of bribery for reasons stated in reviser's note to section 201 of this title.

8203. Acceptance or demand by district attorneys or

marshals or their assistants. Whoever, being connected in any capacity with the office of United States Attorney or United States Marshal, directly or indirectly, demands, receives or accepts any fee or compensation for the performance of any official service, other than is provided by law, shall be fined not more than $500 or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 692.)

LEGISLATIVE HISTORY Reviser's Note.-Based on section 590 of title 28, U. S. C. 1940 ed., Judicial Code and Judiciary (May 28, 1896, ch. 252, § 18, 29 Stat. 183).

The exceptions in section 590 of title 28, U. S. C., 1940 ed., were omitted as unnecessary to this revised section, and the provisions of such section relating to withholding fees were omitted as adequately covered by section 643 of this title.

The minimum punishment provisions were omitted be. cause of the court's power, under section 3651 of this title, to suspend sentence whenever the crime or offense is not punishable by death or life imprisonment, and, also, to conform with policy adopted by the codifiers of the 1909 Criminal Code. (See S. Rept. 10, pt. 1, pp. 12, 13, 14, 60th Cong., 1st sess., to accompany S. 2982.)

Mandatory punishment provision was rephrased in the alternative. (See reviser's note under sec. 201 of this title.)

Minor changes were made in phraseology.

Mandatory punishment provision was rephrased in the alternative. (see reviser's note under section 201 of this title.) Changes were also made in phraseology.

CROSS REFERENCES Disqualification from holding any office of honor, trust, or profit, additional grounds for, see sections 202, 206, 207, 216, 281, 282, 592, 593, 1901, 2071, 2381, 2385, 2387 of this title.

prisoned not more than fifteen years, or both; and shall be disqualified from holding any office of honor, trust or profit under the United States. (June 25, 1948, ch. 645, § 1, 62 Stat. 692.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. 8. C., 1940 ed., $ 238 (Mar. 4, 1909, ch. 321, $ 132, 36 Stat. 1112).

The words "check, order," were added to enumeration of instruments of bribery for reasons stated in reviser's note to section 201 of this title. Only changes in phraseology were made.

CROSS REFERENCES Disqualification from holding any office of honor, trust, or profit, additional grounds for, see sections 202, 205, 207, 216, 281, 282, 592, 593, 1901, 2071, 2381, 2385, 2387 of this title.

8206. Offer to judge or judicial officer.

Whoever, directly or indirectly, gives or offers any money or thing of value, or any promise or agreement therefor, or any other bribe, to any judge, juror, referee, arbitrator, appraiser, assessor, auditor, master, trustee, receiver, United States Commissioner, or other person authorized by any law of the United States to hear or determine any question, matter, cause, proceeding, or controversy, because of or with intent to influence his action, vote, opinion, or decision thereon, shall be fined not more than $20,000 or imprisoned not more than fifteen years, or both; and shall be disqualified from holding any office of honor, trust, or profit under the United States. (June 25, 1948, ch. 645, § 1, 62 Stat. 692.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 237 (Mar. 4, 1909, ch. 321, $ 131, 35 Stat. 1112).

To harmonize this section with sections 207 and 208 of this title, and to eliminate an uncertainty as to the meaning of "judicial officer" evidenced by two court holdings, the words “juror, referee, arbitrator, appraiser, assessor, auditor, master, trustee, receiver, United States commissioner” were inserted for "judicial officer".

Section 237 of title 18, U. S. C., 1940 ed., made it unlaw ful for anyone to offer a judge or "judicial officer" a bribe. Section 238 of title 18, U. S. C., 1940 ed., now section 207 of this title, made it unlawful for a judge to accept a bribe and section 239 of title 18, U. S. C., 1940 ed., now section 208 of this title, made it unlawful for certain enumerated persons, including a "juror" to accept a bribe.

The courts in United States v. Sager (C. C. A. N. Y. 1931, 49 F. 2d 725) and Slade v. United States (C. C. A. Utah 1936, 85 F. 2d 786) have disagreed on the question as to whether a "juror” is a "judicial officer" within the scope of this section.

Consequently, in order that the offer and acceptance provisions may be uniformly applicable to the same persons, the enumeration is incorporated in each. This change carries out the suggestion of Federal District Judge Charles A. Dewey that the section be made applicable to jurors.

Reference to persons causing or procuring was omitted as unnecessary in view of definition of "principal" in section 2 of this title. Minor changes in phraseology were made.

CROSS REFERENCES Disqualification from holding any office of honor, trust, or profit, additional grounds for, see sections 202, 205, 207, 216, 281, 282, 592, 593, 1901, 2071, 2381, 2385, 2387 of this title.

8 208. Acceptance or solicitation by judicial officer.

Whoever, being a juror, referee, arbitrator, appraiser, assessor, auditor, master, trustee, receiver, United States commissioner, or other person authorized by any law of the United States to hear or determine any question, matter, cause, controversy, or proceeding, asks, receives, or agrees to receive, any money or thing of value, or any promise or agreement therefor, because of or with intent to be influenced in his vote, opinion, action, judgment, or decision, shall be fined not more than $2,000 or imprisoned not more than two years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 693.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $ 239 (Mar. 4, 1909, ch. 321, § 133, 35 Stat. 1112).

Word “trustee" was added to the enumeration of persons to make it clear that trustee is included in the term "or other person."

Minor changes in phraseology were made. 8 209. Offer to witness.

Whoever, directly or indirectly, gives or offers any money or thing of value, or any promise or agreement therefor, or any other bribe to any person being, or about to be, a witness upon a trial, hearing, or other proceeding, before any court or any officer authorized by the laws of the United States to hear evidence or take testimony, upon any agreement or understanding that his testimony shall be influenced thereby, or that he will absent himself from the trial, hearing or other proceeding, shall be fined not more than $2,000 or imprisoned not more than two years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat, 693.)

LEGISLATIVE HISTORY Reviser's Note.-The language of this section was derived in part from section 240 of title 18, U. S. C., 1940 ed., now section 210 of this title, and in part based on sections 91, 200, 237 of title 18, U. S. C., 1940 ed., now sections 201, 204 and 206, respectively, of this title.

This section has been prepared as a counterpart to section 210 of this title and to equalize the punishments for the offenses of offering and accepting a bribe.

Section 210 of this title makes it unlawful for a witness to accept a bribe, but there is no specific provision in title 18, U. S. C., 1940 ed., making it unlawful to offer a bribe to a witness although a court has suggested that the provisions of section 1504 of this title, relating to obstruction of Justice, covers the offense of offering a bribe to a witness. (See United States v. Bittinger, Fed. Cas. No. 14598.)

The punishments provided in sections 210 and 1504 of this title differ. However, many state criminal statutes

8 207. Acceptance by judge.

Whoever, being a judge of the United States, accepts or receives any sum of money or other bribe, present or reward, or any promise, check, order, contract, obligation, gift or security for the payment of money, or for the delivery or conveyance of any. thing of value, because of or with intent to be influenced in any opinion, judgment or decree in any suit, controversy, matter or cause pending before him, shall be fined not more than $20,000 or im

provide identical punishments for the two offenses. See, for example:

California-Pen. Code, $$ 92, 93, 137, 138;
nilinois-Smith-Hurd Ann. St., Ch. 38, $$ 79, 80;

New York-McKinney's N. Y. Penal Law, $$ 371, 374, 379, 2440;

Pennsylvania—18 P. S. $ 1.

fined not more than $5,000 or imprisoned not more than two years, or both.

Evidence, satisfactory to the court, of such giving, offering, or promising to give, or attempting to influence or control, shall be prima facie evidence that the same was contrary to law. (June 25, 1948, ch. 645, § 1, 62 Stat. 693.)

LEGISLATIVE HISTORY Reviser's Note.-Based on section 1601 of title 19, U.S.C., 1940 ed., Customs Duties (June 17, 1930, ch. 497, title IV, § 601, 46 Stat. 753.)

The reference to "misdemeanor” was omitted as unnecessary in view of definition of "misdemeanor" in section 1 of this title, and also to conform with policy followed by codifiers of the 1909 Criminal Code, as stated in Senate Report 10, part 1, pages 12, 13, 14, Sixtieth Congress, first session, to accompany S. 2982.

Words "and on conviction thereof shall" were omitted an unnecessary, since punishment cannot be imposed until a conviction is secured.

Minor changes in phraseology were also made.

Note, also, explanation of similarity between this sec. tion and section 211 in reviser's note under latter.

8 210. Acceptance by witness.

Whoever, being, or about to be, a witness upon a trial, hearing, or other proceeding, before any, court or any officer authorized by the laws of the United States to hear evidence or take testimony, receives, or agrees or offers to receive, a bribe, upon any agreement or understanding that his testimony shall be influenced thereby, or that he will absent himself from the trial, hearing, or other proceeding, or because of such testimony, or such absence, shall be fined not more than $2,000 or imprisoned not more than two years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 693.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 240 (Mar. 4, 1909, ch. 321, $ 134, 35 Stat. 1113).

Minor changes in phraseology were made. 8211. Offer of gratuity to revenue officer.

Whoever, being engaged in the importation into the United States of any goods, wares, or merchandise, or being interested as principal, clerk, or agent in the entry thereof, gives or offers, to any officer of the revenue, any present of money or thing of value, shall be fined not more than $5,000 or imprisoned not more than two years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 693.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $ 124 (Mar. 4, 1909, ch. 321, $ 67, 35 Stat. 1100).

This section is very similar to section 212 of this title insofar as customs officers are concerned. However, it should be noted, first, that the Internal Revenue Code does not specifically provide for the offense of offering a bribe to an officer of the internal revenue, and, second, that this section was extant as R. S. $ 5452 when section 212 of this title was first enacted in 1890 and if the two were in any way inconsistent it may be presumed the codifiers of the 1909 Criminal Code would not have reenacted this section without change. The fact Congress has on several different occasions reenacted each section while the other was still effective, indicates a clear intent to preserve both. Minor changes in phraseology were made.

CROSS REFERENCES Demand or acceptance of gift, fee or illegal payment by revenue officer or agent, see section 4047 (e) (2), (10) of Title 26, Internal Revenue Code.

$213. Acceptance or demand by customs officer or

employee. Whoever, being an officer or employee of the United States, solicits, demands, exacts, or receives from any person, directly or indirectly, except in payment of the duties or exactions fixed by law, any gratuity, money, or thing of value, for any service performed under the customs laws, or in consideration of any official act or the omission thereof, in connection with or pertaining to the importation, entry, inspection or examination, or appraisement of merchandise or baggage, shall be fined not more than $5,000 or imprisoned not more than two years, or both.

Evidence, satisfactory to the court, of such soliciting, demanding, exacting, or receiving shall be prima facie evidence that the same was contrary to law. (June 25, 1948, ch. 645, § 1, 62 Stat. 693.)

LEGISLATIVE HISTORY Reviser's Note.-Based on section 1600 of title 19, U.S.C., 1940 ed., Customs Duties (June 17, 1930, ch. 497, title IV, § 600, 46 Stat. 753).

Words "be guilty of a misdemeanor" were omitted. (See reviser's note under section 212 of this title.)

Words "and on conviction thereof shall" were omitted, since punishment can only follow after conviction. Minor che ges in phraseology were m

CROSS REFERENCES Customs, penal provisions relating to entry of goods, see section 541 et seq.

Offense punishable by death or imprisonment for more than one year made a felony, see section 1 of this title.

8212. Offer or threat to customs officer or employee.

Whoever gives, offers, or promises any money or thing of value, directly or indirectly, to any oficer or employee of the United States in consideration of or for any act or omission contrary to law in connection with or pertaining to the importation, appraisement, entry, examination, or inspection of merchandise or baggage, or of the liquidation of the entry thereof, or by threats or demands or promises of any character attempts improperly to influence or control any such officer or employee of the United States as to the performance of his official duties, shall be

8214. Offer to procure appointive public office.

Whoever pays or offers or promises any money or thing of value, to any person, firm, or corporation in consideration of the use or promise to use any influence to procure any appointive office or place under the United States for any person, shall be fined not more than $1,000 or imprisoned not more than one year, or both.

(June 25, 1948, ch. 645, § 1, 62 Stat. 694.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $$ 149 and 151 (Dec. 11, 1926, ch. 3, $$ 1, 3, 44 Stat. 918).

Changes of style and substance were made in this section.

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