Sidebilder
PDF
ePub

Renegotiation of contracts, persons authorized to prose cute claims, see section 1191 (1) of Appendix to Title 5 War and National Defense.

more than $10,000 or imprisoned not more than one year, or both.

Retired officers of the armed forces of the United States, while not on active duty, shall not by reason of their status as such be subject to the provisions of this section. Nothing herein shall be construed to allow any such retired officer within two years next after his retirement to act as agent or attorney for prosecuting or assisting in the prosecution of any claim against the United States involving the department in whose service he holds a retired status, or to allow any such retired officer to act as agent or attorney for prosecuting or assisting in the prosecution of any claim against the United States involving any subject matter with which he was directly connected while he was in an active-duty status.

This section shall not apply to any person because of his membership in the National Guard of the District of Columbia nor to any person specially excepted by enactment of Congress. (June 25, 1948, ch. 645, § 1, 62 Stat. 697; June 28, 1949, ch. 268, § 2 (b), 63 Stat. 280.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $$ 198, 198a (Mar. 1, 1901, ch. 670, § 1, 31 Stat. 844; Mar. 3, 1905, ch. 1406, § 1, 33 Stat. 911; Mar. 4, 1909, ch. 321, 8 109, 35 Stat. 1107).

Section consolidates sections 198 and 198a of title 18, U.S. C., 1940 ed., as first and second sentences, respectively.

Words "or agency" were inserted to avoid ambiguity as to scope of section. (See section 6 of this title for definition of department or agency.)

Fine was raised from $5,000 to $10,000 to conform with section 284 of this title, which is the latest expression of Congressional intent on the subject matter.

Last paragraph was revised to include, in addition to the exemption of members of the National Guard of the District of Columbia, persons such as those covered by the following acts.

Persons and date and citation of act (1) Selective Service, appeal, advisory boards, etc., May 5, 1941, 55 Stat. 150; Dec. 20, 1944, ch. 625, 58 Stat. 838.

(2) Alien enemy hearing boards, Dec. 26, 1941, 55 Stat. 861.

(3) Price Adjustment boards, Feb. 25, 1944 (Rev. Act of 1943, $ 701 (b) (1)).

(4) Counsel serving under (H. Res. 105, 78th Cong., adopted Feb. 9, 1943; H. R. 586, 78th Cong., adopted Dec. 18, 1943), Mar. 4, 1944, Public, No. 249, 78th Cong., 2d sess.

(5) Office of Price Administration price and rationing boards, Apr. 4, 1944, Public, No. 287, 78th Cong., 2d sess.

(6) Chief and other counsel (Senate Petroleum Resources Committee), May 5, 1944, Public, No. 298, 78th Cong., 2d sess.

(7) National War Labor Board or its Agencies, Oct. 2, 1944, Public, No. 456, 78th Cong., 2d sess.

(8) War Mobilization and Reconversion; advisory board, Oct. 3, 1944, Public, No. 458, 78th Cong., 2d sess. Changes were also made in phraseology.

AMENDMENTS 1949—Act June 28, 1949 amended section by inserting the second par. to allow retired officers of the armed forces to present claims against the United States but he is disbarred for a period of two years after his retirement from acting as agent or attorney in presenting claims against any department in whose service he holds a retired status, or involving any matter in which he was directly connected while in an active-duty status.

CROSS REFERENCES Claims generally, see chapter 6 of Title 31, Money and Finance.

$ 284. Disqualifications of former officers and en

ployees in matters connected with former dutie Whoever, having been employed in any agency the United States, including commissioned office assigned to duty in such agency, within two yea after the time when such employment or servi has ceased, prosecutes or acts as counsel, attorne or agent for prosecuting, any claims against ti United States involving any subject matter direct connected with which such person was so employ or performed duty, shall be fined not more th $10,000 or imprisoned not more than one year, both. (June 25, 1948, ch. 645, § 1, 62 Stat. 698; M 24, 1949, ch, 139, § 7, 63 Stat. 90.)

LEGISLATIVE HISTORY Reviser's Note.-Based on section 100 of Title 5, U. S. 1940 ed., Executive Departments and Government Offic and Employees, and section 119, sixth paragraph, of t 41, U. S. C., 1940 ed., Public Contracts (July 11, 1919, 8, subch. IV, 41 Stat. 131; July 1, 1944, ch. 358, § 19 58 Stat. 668).

This section consolidates section 100 of title 5 and ! tion 119, sixth paragraph, of title 41, both U. S. C., 1 ed., with chang necessary to effect the consolidatioi

The provisions of each section applying to officers employees during their official tenure were omitted as c pletely covered by section 283 of this title.

The provisions of said section 100 of title 5, with re ence to specific procurement contract and matters, y omitted as covered by the more general language of section 119, sixth paragraph, of title 41.

The date, “April 6, 1917", contained in said section of title 5, was omitted as unnecessary to the consolid section.

The word "agency", as used in said section 119, s paragraph, of title 41, was used in preference to the “bureau" which appeared in said section 100 of tit (See definition of agency in section 6 of this title.) Changes in phraseology were also made.

AMENDMENTS 1949—Act May 24, 1949, amended a typographical by striking out subsection symbol (a) as section is divided into subsections.

CROSS REFERENCES Ex-officers or employees not to prosecute clain departments, see section 99 of Title 5, Executive De ments and Government Officers and Employees.

Suspension of limitations, see section 3287 of title.

§ 285. Taking or using papers relating to claim

Whoever, without authority, takes and ca away from the place where it was filed, deposite kept by authority of the United States, any ce cate, affidavit, deposition, statement of facts, i of attorney, receipt, voucher, assignment, or document, record, file, or paper prepared, fitt intended to be used or presented to procure the ment of money from or by the United States a officer, employee, or agent thereof, or the alloy or payment of the whole or any part of any account, or demand against the United whether the same has or has not already been si or presented, and whether such claim, accou demand, or any part thereof has or has not a been allowed or paid; or

Whoever presents, uses, or attempts to use any such document, record, file, or paper so taken and carried away, to procure the payment of any money from or by the United States, or any officer, employee, or agent thereof, or the allowance or payment of the whole or any part of any claim, account, or demand against the United States

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. 698.)

LEGISLATIVE HISTORY Reviser's Note-Based on title 18, U. S. C., 1940 ed., $ 92 (Mar. 4, 1909, ch. 321, $ 40, 35 Stat. 1096).

Word "employee" was inserted after “officer" in two places to clarify scope of section.

The words "five years” were substituted for “ten years" in the punishment provision to conform to like provisions in similar offenses. (See section 1001 of this title.) Changes were made in phraseology.

CROSS REFERENCES Claims generally, see chapter 6 of Title 31, Money and Finance. $ 286. Conspiracy to defraud the Government with

respect to claims. Whoever enters into any agreement, combination, or conspiracy to defraud the United States, or any department or agency thereof, by obtaining or aiding to obtain the payment or allowance of any false, fictitious or fraudulent claim, shall be fined not more than $10,000 or imprisoned not more than ten years, or both. (June 25, 1948, ch, 645, § 1, 62 Stat. 698.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $ 83 (Mar. 4, 1909, ch. 321, § 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52 Stat. 197).

To clarify meaning of "department" the word "agency" was inserted after it. (See definitions of "department" and "agency" in section 6 of this title.)

Words "or any corporation in which the United States of America is a stockholder" were omitted as unnecessary in view of definition of "agency” in section 6 of this title. Minor changes in phraseology were made.

CROSS REFERENCES Conspiracy to defraud United States, generally, see section 371 of this title.

False pension claims, see section 715 of Title 38, Pensions, Bonuses and Veterans' Relief.

Liability of persons making false claims; suits and procedure; duty of district attorneys; limitation of suits, see sections 231-233, 235 of Title 31, Money and Finance.

National Service Life Insurance, false or fraudulent statements, see section 815 of Title 38, Pensions, Bonuses and Veterans' Relief.

Persons subject to military law, conspiracy by, see section 1566 of Title 10, Army.

Wartime suspension of limitations, see section 3287 of this title.

years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 698.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. 8. C., 1940 ed., $ 80 (Mar. 4, 1909, ch. 321, $ 35, 35 Stat. 1095; Oct. 23, 1918, ch. 194, 40 Stat. 1015; June 18, 1934, ch. 587, 48 Stat. 996; Apr. 4, 1938, ch. 69, 52 Stat. 197).

Section 80 of title 18, U. S. C., 1940 ed., was divided into two parts. That portion making it a crime to present false claims was retained as this section. The part relating to false statements is now section 1001 of this title.

To clarify meaning of "department" words "agency" and "or agency" were inserted after it. (See definitions of "department" and "agency" in section 6 of this title.)

Words "or any corporation in which the United States of America is a stockholder" which appeared in two places were omitted as unnecessary in view of definition of "agency" in section 6 of this title.

The words "five years" were substituted for “ten years" to harmonize the punishment provisions of comparable sections involving offenses of the gravity of felonies, but not of such heinous character as to warrant a 10-year punishment. (See sections 914, 1001, 1002, 1005, 1006 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 in phraseology were made.

CROSS REFERENCES False statements or entries, generally, see section 1001 of this title.

Liability of persons making false claims; jurisdiction and parties; duty of district attorneys; rights of plaintiffs; limitation of suits, see sections 231-235 of Title 31, Money and Finance.

Persons subject to military law, frauds by, see section 1566 of Title 10, Army and Air Force.

8 288. False claims for postal losses.

Whoever makes, alleges, or presents any claim or application for indemnity for the loss of any registered or insured letter, parcel, package, or other article or matter, or the contents thereof, knowing such claim or application to be false, fictitious, or fraudulent; or

Whoever for the purpose of obtaining or aiding to obtain the payment or approval of any such claim or application, makes or uses any false statement, certificate, affidavit, or deposition; or

Whoever knowingly and willfully misrepresents, or misstates, or, for the purpose aforesaid, knowingly and willfully conceals any material fact or circumstance in respect of any such claim or application for indemnity

Shall be fined not more than $500 or imprisoned not more than one year, or both.

Where the amount of such claim or application for indemnity is less than $100 only a fine shall be imposed. (June 25, 1948, ch. 645, § 1, 62 Stat. 698.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $ 354 (Mar. 4, 1909, ch. 321, $ 224, 35 Stat. 1133; Aug. 5, 1939, ch. 429, 53 Stat. 1203).

Reference to persons causing, assisting, alding, or abeto ting, was omitted as such persons are made principals by section 2 of this title. Changes in phraseology were made.

CROSS REFERENCES False statements or entries, generally, see section 1001 of this title.

Registered mail, see sections 381 et seq. of Title 39, The Postal Service.

& 287. False, fictitious or fraudulent claims.

Whoever makes or presents to any person or officer in the civil, military, or naval service of the United States, or to any department or agency thereof, any claim upon or against the United States, or any department or agency thereof, knowing such claim to be false, fictitious, or fraudulent, shall be fined not more than $10,000 or imprisoned not more than five

8 289. False claims for pensions.

Whoever knowingly and willfully makes, or presents any false, fictitious or fraudulent afidavit, declaration, certificate, voucher, endorsement, or paper or writing purporting to be such, concerning any claim for pension or payment thereof, or pertaining to any other matter within the jurisdiction of the Administrator of Veterans' Affairs, or knowingly or willfully makes or presents any paper required as a voucher in drawing a pension, which paper bears a date subsequent to that upon which it was actually signed or acknowledged by the pensioner; or

Whoever knowingly and falsely certifies that the declarant, afiant, or witness named in such declaration, affidavit, voucher, endorsement, or other paper or writing personally appeared before him and was sworn thereto, or acknowledged the execution thereof

Shall be fined not more than $10,000 or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 699.)

LEGISLATIVE HISTORY Reviser's Note.-Based on section 81 of title 18, section 126 of title 38, Pensions, Bonuses, and Veterans' Relief, and section 787 of title 43, Public Lands, all of U. S. C., 1940 ed. (R. S. $ 4746; July 7, 1898, ch. 578, 30 Stat. 718; Aug. 17, 1912, ch. 301, § 1, 37 Stat. 312; July 3, 1930, ch. 863, § 2, 46 Stat. 1016).

Reference to persons aiding or assisting or causing or procuring was omitted as unnecessary in view of defini. tion of "principal" in section 2 of this title.

Words "or bounty land", before "prosecution of any claim for pension", were omitted as obsolete. (See reviser's note under section 290 of this title.)

Upon authority of 1930 enactment words “Administrator of Veterans' Affairs" were substituted for "Commissioner of Pensions or of the Secretary of the Interior", which appeared in 1898 enactment.

The fine was changed from "$500" to "$10,000" to conform with punishment provision of section 287 of this title. Minor changes in phraseology were also made.

CROSS REFERENCES Administrator of Veterans' Affairs

Administration of provisions of certain sections relating to pensions and Veterans' Relief Reorganization, see section 707 of Title 38, Pensions, Bonuses, and Veterans' Relief.

Appointment, power, and duties, see sections 11a, 13a of Title 38, Pensions, Bonuses, and Veterans'

Relief. False statements or entries, generally, see section 1001 of this title.

which may have been placed in his hands for the purpose of collecting said claims, shall be fined not more than $500 or imprisoned not more than six months, or both; and shall be debarred from prosecuting any such claim in any department or agency of the United States. (June 25, 1948, ch. 645, § 1, 62 Stat. 699.)

LEGISLATIVE HISTORY Reviser's Note.--Based on section 100 of title 31, Money and Finance, section 130 of title 38, Pensions, Bonuses, and Veterans' Relief, and section 841 of title 43, Public Lands, all U. S. C., 1940 ed. (May 21, 1872, ch. 178, 17 Stat. 137).

Words “deemed guilty of a misdemeanor" were deleted as unnecessary. (See definition of "misdemeanor" in section 1, and see reviser's note under section 212 of this title.)

Words "and shall upon conviction, be" were omitted as surplusage since punishment can follow only after con. viction.

To clarify meaning of "executive department" word "executive" before "department” was deleted and words "or agency" were inserted after it. (See definitions of "department" and "agency" in section 6 of this title.)

Words “bounty", before "pension", and "or land warrant", before "of any such soldier", were deleted as obsolete. According to regulations, Circular 1151, January 8, 1929, issued by the Secretary of the Interior and the General Land Office (see 43 CFR 131.1—131.2) “warrants for bounty lands were and are issued by the Commissioner of Pensions (Administrator of Veterans' Affairs) for services in wars or battles prior to March 3, 1855 only." Further, It is stated that "Warrants can not now be located' upon the public lands. The locating privilege was denied except in the state of Missouri after the passage of the act of March 2, 1889 (25 Stat. 854; 43 U.S. C. $ 700), and there are no lands known to the General Land Office to be subject to warrant location in Missouri."

Words "and honorably discharged" were omitted as unnecessary and words “or for his dependents or beneficiaries" were inserted after “United States" so as to embrace an important class of persons who employ attorneys or agents in the collection of claims permitted by statute. Minor changes of phraseology were also made.

CROSS REFERENCES Withholding of all or part of pension or claim allowed and due, see sections 55, 56, 103, 114, 238b, 324326c, 361, 363, 364e, 365f, 381d of Title 38, Pensions, Bonuses, and Veterans' Affairs.

$ 290. Discharge papers withheld by claim agent.

Whoever, being a claim agent, attorney, or other person engaged in the collection of claims for pay, pension, or other allowances for any soldier, sailor, or marine, or for any commissioned officer of the military or naval forces, or for any person who may have been a soldier, sailor, marine, or officer of the regular or volunteer forces of the United States, or for his dependents or beneficiaries, retains, without the consent of the owner or owners thereof, or refuses to deliver or account for the same upon demand duly made by the owner or owners thereof, or by their agent or attorney, the discharge papers of any such soldier, sailor, or marine, or commissioned officer,

8 291. Purchase of claims for fees by court officials.

Whoever, being a judge, clerk, or deputy clerk of any court of the United States or a Territory or Possession thereof, or a United States district attorney, assistant attorney, marshal, deputy marshal, commissioner, or other person holding any office or employment, or position of trust or profit under the United States, directly or indirectly purchases at less than the full face value thereof, any claim against the United States for the fee, mileage, or expenses of any witness, juror, deputy marshal, or any other officer of such court, shall be fined not more than $1,000. (June 25, 1948, ch. 645, § 1, 62 Stat. 699.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U.S. C., 1940 ed., $ 193 (Mar. 4, 1909, ch. 321, $ 104, 35 Stat. 1107).

Word "Possession" was inserted to clarify scope of section. Minor changes were made in phraseology.

CROSS REFERENCES Assignment of claims, see section 203 of Title 31, Money and Finance. Fees, mileage, or expenses of

Deputy marshals, see sections 550, 552, 553 of Title 28, Judiciary and Judicial Procedure,

to his charge, or of which he may have assumed the charge, every such officer or person who commits any of the said offenses shall be fined not more than $10,000 or imprisoned not more than ten years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 700.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $ 280 (Mar. 4, 1909, ch. 321, $ 166, 35 Stat. 1120).

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

CROSS REFERENCES Forfeiture of counterfeit paraphernalia, see section 492 of this title.

Jurors, see sections 1824, 1871 of Title 28, Judiciary and Judicial Procedure.

Witnesses, see sections 1821, 1823—1826, 1920, 1922 of Title 28, Judiciary and Judicial Procedure.

Chapter 17.-COINS AND CURRENCY Sec. 331. Mutilation, diminution, and falsification of coins. 332. Debasement of coins; alteration of oficial scales, or

embezzlement of metals. 333. Mutilation of national bank obligations. 334. Issuance of Federal Reserve or national bank notes. 335. Circulation of obligations of expired corporations. 336. Issuance of circulating obligations of less than $1. 8331. Mutilation, diminution and falsification of coins.

Whoever fraudulently alters, defaces, mutilates, impairs, diminishes, falsifies, scales, or lightens any of the coins coined at the mints of the United States, or any foreign coins which are by law made current or are in actual use or circulation as money within the United States; or

Whoever fraudulently possesses, passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, or brings into the United States, any such coin, knowing the same to be altered, defaced, mutilated, impaired, diminished, falsified, scaled, or lightened,

Shall be fined not more than $2,000 or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 700; July 16, 1951, ch. 226, § 1, 65 Stat. 121.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $ 279 (Mar. 4, 1909, ch. 321, $ 165, 35 Stat. 1119).

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.

AMENDMENTS 1951–Act July 16, 1951 amended section to make it applicable to minor coins (5-cent and l-cent pieces), and to fraudulent alteration of coins.

CANAL ZONE Applicability of section to Canal Zone, see section 14 of this title.

CROSS REFERENCES Forfeiture of counterfeit paraphernalia, see section 492 of this title.

8 333. Mutilation of national bank obligations.

Whoever mutilates, cuts, defaces, disfigures, or perforates, or unites or cements together, or does any other thing to any bank bill, draft, note, or other evidence of debt issued by any national banking association, or Federal Reserve bank, or the Federal Reserve System, with intent to render such bank bill, draft, note, or other evidence of debt unfit to be reissued, shall be fined not more than $100 or imprisoned not more than six months, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 700.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. S. C., 1940 ed., $ 291 (Mar. 4, 1909, ch. 321, $ 176, 35 Stat. 1122).

Words "or Federal Reserve bank, or the Federal Reserve System" were inserted because the paper of such banks has almost supplanted national bank currency.

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 Forfeiture of counterfeit paraphernalla, see section 492 of this title.

8332. Debasement of coins; alteration of official

scales, or embezzlement of metals. If any of the gold or silver coins struck or coined at any of the mints of the United States shall be debased, or made worse as to the proportion of fine gold or fine silver therein contained, or shall be of less weight or value than the same ought to be, pursuant to law, or if any of the scales or weights used at any of the mints or assay offices of the United States shall be defaced, altered, increased, or diminished through the fault or connivance of any officer or person employed at the said mints or assay offices, with a fraudulent intent; or if any such officer or person shall embezzle any of the metals at any time committed to his charge for the purpose of being coined, or any of the coins struck or coined at the said mints, or any medals, coins, or other moneys of said mints or assay offices at any time committed

24626_53_vol. 2—49

8 334. Issuance of Federal Reserve or national bank

notes. Whoever, being a Federal Reserve Agent, or an agent or employee of such Federal Reserve Agent, or of the Board of Governors of the Federal Reserve System, issues or puts in circulation any Federal Reserve notes, without complying with or in violation of the provisions of law regulating the issuance and circulation of such Federal Reserve notes; or

Whoever, being an officer acting under the provisions of chapter 2 of Title 12, countersigns or delivers to any national banking association, or to any other company or person, any circulating notes contemplated by that chapter except in strict accordance with its provisions

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. 700.)

LEGISLATIVE HISTORY Reviser's Note -Based on sections 581 and 592 of title 12, U. S. C., 1940 ed., Banks and Banking (R. S. $$ 5187, 5209; Sept. 26, 1918, ch. 177, § 7, 40 Stat. 972; Aug. 23, 1935, ch. 614, § 316, 49 Stat. 712).

This section consolidates section 581 and part of section 592 of title 12, U. S. C., 1940 ed., Banks and Banking.

The punishment provision was drawn from said section 592 as being the latest expression of congressional intent, in preference to the provision of said section 581 which authorized a fine "not more than double the amount so CROSS REFERENCES Forfeiture of counterfeit paraphernalia, see section 492 of this title.

Chapter 19.-CONSPIRACY Sec. 371. Conspiracy to commit offense or to defraud United

States. 372. Conspiracy to impede or injure oficer.

countersigned and delivered and imprisonment not more than 15 years".

The words "shall be guilty of a misdemeanor” were omitted as unnecessary in view of definition of misdemeanor in section 1 of this title. (See also reviser's note under section 212 of this title.)

Likewise the words "upon conviction in any district court of the United States" were omitted as unnecessary since punishment can follow only after conviction.

(See reviser's note under section 656 of this title for statement of reasons for dividing said section 592 into three revised sections, with consequent changes in phraseology, style, and arrangement.)

CROSS REFERENCES Offense punishable by imprisonment for term exceeding one year declared a felony, see section 1 of this title.

State banks becoming members of Federal reserve system, application to, see section 324 of Title 12, Banks and Banking. 8 335. Circulation of obligations of expired corpora

tions. Whoever, being a director, oficer, or agent of a corporation created by Act of Congress, the charter of which has expired, or trustee thereof, or an agent of such trustee, or a person having in his possession or under his control the property of such corporation for the purpose of paying or redeeming its notes and obligations, knowingly issues, reissues, or utters as money, or in any other way knowingly puts in circulation any bill, note, check, draft, or other security purporting to have been made by any such corporation, or by any oficer thereof, or purporting to have been made under authority derived therefrom, shall be fined not more than $10,000 or imprisoned not more than five years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 700.)

LEGISLATIVE HISTORY Reviser's Note.--Based on title 18, U. S. C., 1940 ed., § 289 (Mar. 4, 1909, ch. 321, § 174, 35 Stat. 1122)..

The reference to persons aiding was omitted as unnecessary, since such persons are made principals by section 2 of this title.

The last sentence excepting bona fide holders in due course was omitted as surplusage. Other changes in phraseology also were made.

CROSS REFERENCES Forfeiture of counterfeit paraphernalia, see section 492 of this title.

$ 371. Conspiracy to commit offense or to defraud

United States. If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined not more than $10,000 or imprisoned not more than five years, or both.

If, however, the offense, the commission of which is the object of the conspiracy, is a misdemeanor only, the punishment for such conspiracy shall not exceed the maximum punishment provided for such misdemeanor. (June 25, 1948, ch. 645, § 1, 62 Stat. 701.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U.S.C., 1940 ed., $$ 88, 294 (Mar. 4, 1909, ch. 321, $ 37, 35 Stat. 1096; Mar. 4, 1909, ch. 321, § 178a, as added Sept. 27, 1944, ch. 425, 58 Stat. 752).

This section consolidates said sections 88 and 294 of title 18 U. S. C., 1940 ed.

To reflect the construction placed upon said section 88 by the courts the words “or any agency thereof" were inserted. (See Haas v. Henkel, 1909, 30 S. Ct. 249, 216 U. S. 462, 54 L. Ed. 569, 17 Ann. Cas. 1112, where court said: “The statute is broad enough in its terms to include any conspiracy for the purpose of impairing, obstructing, or defeating the lawful functions of any department of government." Also, see United States v. Walter, 1923, 44 8. Ct. 10, 263 U. 8. 15, 68 L. Ed. 187, and definitions of department and agency in section 6 of this title.)

The punishment provision is completely rewritten to increase the penalty from 2 years to 5 years except where the object of the conspiracy is a misdemeanor. If the object is a misdemeanor, the maximum imprisonment for a conspiracy to commit that offense, under the revised section, cannot exceed 1 year.

The injustice of permitting a felony punishment on conviction for conspiracy to commit a misdemeanor is described by the late Hon. Grover M. Moscowitz, United States district judge for the eastern district of New York, in an address delivered March 14, 1944, before the section on Federal Practice of the New York Bar Association, reported in 3 Federal Rules Decisions, pages 380_392.

Hon, John Paul, United States district judge for the western district of Virginia, in a letter addressed to Congressman Eugene J. Keogh dated January 27, 1944, stresses the inadequacy of the 2-year sentence prescribed by existing law in cases where the object of the conspiracy is the commission of a very serious offense.

The punishment provision of said section 294 of title 18 was considered for inclusion in this revised section. It provided the same penalties for conspiracy to violate the provisions of certain counterfeiting laws, as are applicable in the case of conviction for the specific violations. Such a punishment would seem as desirable for all conspiracies as for such offenses as counterfeiting and transporting stolen property in interstate commerce.

A multiplicity of unnecessary enactments inevitably leads to confusion and disregard of law. (See reviser's note under section 493 of this title.)

Since consolidation was highly desirable and because of the strong objections of prosecutors to the general application of the punishment provision of said section 294, the revised section represents the best compromise that could be devised between sharply conflicting views.

8 336. Issuance of circulating obligations of less

than $1. Whoever makes, issues, circulates, or pays out any note, check, memorandum, token, or other obligation for a less sum than $1, intended to circulate as money or to be received or used in lieu of lawful money of the United States, shall be fined not more than $500 or imprisoned not more than six months, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 701.)

LEGISLATIVE HISTORY Reviser's Note.-Based on title 18, U. 8. C., 1940 ed., § 293 (Mar. 4, 1909, ch. 321, $ 178, 35 Stat. 1122).

Numerous suggestions, of which that of Mr. E. M. Million, of Arlington, Va., is typical, recommend that this section be omitted as obsolete or revised to except commercial obligations. However, since the decisions make 1t plain that only obligations intended to circulate as money are within the provisions of this section and that commercial checks of less than $1 are not affected, there seems no reason so to rewrite the section. (See U. S. v. Monongahela Bridge Co., Fed. Cas. No. 15,796; Stettinlus v. U. S., Fed. Cas. No. 13,387.)

Minor changes were made in phraseology.

« ForrigeFortsett »