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18 U.S.C. § 513 — Securities of the States and private entities

submitted 42 years ago by Pub. L. 98-473 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 428 words · no verdicts yet

in plain englishAI-generated · not legal advice

Punishes making, issuing, possessing, or transferring counterfeit or forged securities of a State or organization, and tools made for that purpose.

(a) A person who makes, issues, or possesses a counterfeit security of a State, a political subdivision of a State, or an organization, or who makes, issues, or possesses a forged security of one of those entities, with the intent to deceive another person, organization, or government, may be fined under this title, imprisoned for up to 10 years, or both. (b) A person who makes, receives, possesses, sells, or otherwise transfers a tool designed for, or especially suited to, making a counterfeit or forged security, intending that the tool be used for that purpose, may be fined under this title, imprisoned for up to 10 years, or both. (c) For this section: (1) “Counterfeited” means a document that appears to be genuine but is not because it was falsely made or manufactured in its entirety. This section does not otherwise define “genuine.” (2) “Forged” means a document that appears to be genuine but is not because it was falsely altered, completed, signed, or endorsed; has a false addition or insertion; or combines parts of two or more genuine documents. This section does not otherwise define “genuine.” (3) “Security” means: (A) a note, stock certificate, treasury stock certificate, bond, treasury bond, debenture, certificate of deposit, interest coupon, bill, check, draft, warrant, debit instrument as defined in section 916(c) of the Electronic Fund Transfer Act, money order, traveler’s check, letter of credit, warehouse receipt, negotiable bill of lading, evidence of indebtedness, certificate of interest in or participation in a profit-sharing agreement, collateral-trust certificate, pre-reorganization certificate of subscription, transferable share, investment contract, voting trust certificate, or certificate of interest in tangible or intangible property; (B) an instrument showing ownership of goods, wares, or merchandise; (C) any other written instrument commonly known as a security; (D) a certificate of interest in, certificate of participation in, certificate for, receipt for, or warrant, option, or other right to subscribe to or purchase any of the items in subparagraphs (A) through (C); or (E) a blank form for any of those items. (4) “Organization” means a legal entity, other than a government, established or organized for any purpose. It includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, society, union, or any other association of persons that operates in interstate or foreign commerce or whose activities affect interstate or foreign commerce. This section does not otherwise define “government” or “interstate or foreign commerce.” (5) “State” includes a State of the United States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, and any other territory or possession of the United States.

the actual law source: uscode.house.gov ↗public domain
(a)

Whoever makes, utters or possesses a counterfeited security of a State or a political subdivision thereof or of an organization, or whoever makes, utters or possesses a forged security of a State or political subdivision thereof or of an organization, with intent to deceive another person, organization, or government shall be fined under this title 1 or imprisoned for not more than ten years, or both.

(b)

Whoever makes, receives, possesses, sells or otherwise transfers an implement designed for or particularly suited for making a counterfeit or forged security with the intent that it be so used shall be punished by a fine under this title or by imprisonment for not more than ten years, or both.

(c)

For purposes of this section—

(1)

the term “counterfeited” means a document that purports to be genuine but is not, because it has been falsely made or manufactured in its entirety;

(2)

the term “forged” means a document that purports to be genuine but is not because it has been falsely altered, com­pleted, signed, or endorsed, or contains a false addition thereto or insertion therein, or is a combination of parts of two or more genuine documents;

(3)

the term “security” means—

(A)

a note, stock certificate, treasury stock certificate, bond, treasury bond, debenture, certificate of deposit, interest coupon, bill, check, draft, warrant, debit instrument as defined in section 916(c) 2 of the Electronic Fund Transfer Act, money order, traveler’s check, letter of credit, warehouse receipt, negotiable bill of lading, evidence of indebtedness, certificate of interest in or participation in any profit-sharing agreement, collateral-trust certificate, pre-reorganization certificate of subscription, transferable share, investment contract, voting trust certificate, or certificate of interest in tangible or intangible property;

(B)

an instrument evidencing ownership of goods, wares, or merchandise;

(C)

any other written instrument commonly known as a security;

(D)

a certificate of interest in, certificate of participation in, certificate for, receipt for, or warrant or option or other right to subscribe to or purchase, any of the foregoing; or

(E)

a blank form of any of the foregoing;

(4)

the term “organization” means a legal entity, other than a government, established or organized for any purpose, and includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, society, union, or any other association of persons which operates in or the activities of which affect interstate or foreign commerce; and

(5)

the term “State” includes a State of the United States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, and any other territory or possession of the United States.

Source credit: (Added Pub. L. 98–473, title II, § 1105(a), Oct. 12, 1984, 98 Stat. 2144, § 511; renumbered § 513, Pub. L. 99–646, § 31(a), Nov. 10, 1986, 100 Stat. 3598; amended Pub. L. 101–647, title XXXV, § 3515, Nov. 29, 1990, 104 Stat. 4923; Pub. L. 103–322, title XXXIII, §§ 330008(1), 330016(2)(C), Sept. 13, 1994, 108 Stat. 2142, 2148.)

history & why it existsrecord from the source credit
  • 1984Enacted · Pub. L. 98-473 · 98 Stat. 2144
  • 1986Amended · Pub. L. 99-646 · 100 Stat. 3598
  • 1990Amended · Pub. L. 101-647 · 104 Stat. 4923
  • 1994Amended · Pub. L. 103-322 · 108 Stat. 2142, 2148

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-473 on 1984-10-12.

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