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12 U.S.C. § 339Participation by State member banks in lotteries and related activities

submitted 113 years ago by Pub. L. 90-203 to r/title-12-BANKS-AND-BANKING · 471 words · no verdicts yet

in plain englishAI-generated · not legal advice

State member banks can't sell lottery tickets, take lottery-related bets, or advertise a lottery or its winners. Banks also can't let anyone use bank property for these lottery activities. Banks can still handle deposits and checks for a state that runs its own lottery.

(a) A state member bank may not: (1) buy, sell, or otherwise deal in lottery tickets; (2) deal in bets that serve as a way to take part in a lottery; (3) announce, advertise, or publicize that a lottery exists; or (4) announce, advertise, or publicize who is taking part in a lottery, or who won. (b) A bank also may not allow: (1) any part of its banking offices to be used by anyone for any of the activities forbidden in (a); or (2) the public to have direct access from its banking offices to any other premises where someone conducts those forbidden activities. (c) Key terms: "Deal in" covers making, taking, buying, selling, redeeming, or collecting. A "lottery" is any arrangement — other than a "savings promotion raffle" — where three or more people ("participants") put in money or credit for the chance that some, but not all, of them ("winners") will get back more than they put in, with winners picked by a random drawing, a game, race, or contest, or by tracking the results of events where a participant's only stake is whether it makes them a winner. A "lottery ticket" is any right, privilege, or chance — including any receipt or record of it — of becoming a lottery winner. A "savings promotion raffle" is a contest where the only thing needed to have a chance at winning a prize is depositing a set amount of money into a savings account or program, where every entry has an equal chance, and which follows rules set by the appropriate regulator defined in section 5481. (d) Nothing in this section stops a bank from doing normal, lawful banking for a state that runs its own lottery, or for an official running that lottery — things like accepting deposits or handling checks and other negotiable instruments. (e) The Board of Governors of the Federal Reserve System must issue whatever regulations are needed to strictly enforce this section and stop people from getting around it.
the actual law source: uscode.house.gov ↗public domain
(a) Prohibited activities

A State member bank may not—

(1)

deal in lottery tickets;

(2)

deal in bets used as a means or substitute for participation in a lottery;

(3)

announce, advertise, or publicize the existence of any lottery; 1

(4)

announce, advertise, or publicize the existence or identity of any participant or winner, as such, in a lottery.

(b) Use of banking premises prohibited

A State member bank may not permit—

(1)

the use of any part of any of its banking offices by any person for any purpose forbidden to the bank under subsection (a), or

(2)

direct access by the public from any of its banking offices to any premises used by any person for any purpose forbidden to the bank under subsection (a).

(c) Definitions

As used in this section—

(1)

The term “deal in” includes making, taking, buying, selling, redeeming, or collecting.

(2)

The term “lottery” includes any arrangement, other than a savings promotion raffle, whereby three or more persons (the “participants”) advance money or credit to another in exchange for the possibility or expectation that one or more but not all of the participants (the “winners”) will receive by reason of their advances more than the amounts they have advanced, the identity of the winners being determined by any means which includes—

(A)

a random selection;

(B)

a game, race, or contest; or

(C)

any record or tabulation of the result of one or more events in which any participant has no interest except for its bearing upon the possibility that he may become a winner.

(3)

The term “lottery ticket” includes any right, privilege, or possibility (and any ticket, receipt, record, or other evidence of any such right, privilege, or possibility) of becoming a winner in a lottery.

(4)

The term “savings promotion raffle” means a contest in which the sole consideration required for a chance of winning designated prizes is obtained by the deposit of a specified amount of money in a savings account or other savings program, where each ticket or entry has an equal chance of being drawn, such contest being subject to regulations that may from time to time be promulgated by the appropriate prudential regulator (as defined in section 5481 of this title).

(d) Lawful banking services connected with operation of lottery

Nothing contained in this section prohibits a State member bank from accepting deposits or cashing or otherwise handling checks or other negotiable instruments, or performing other lawful banking services for a State operating a lottery, or for an officer or employee of that State who is charged with the administration of the lottery.

(e) Regulations; enforcement

The Board of Governors of the Federal Reserve System shall issue such regulations as may be necessary to the strict enforcement of this section and the prevention of evasions thereof.

Source credit: (Dec. 13, 1913, ch. 6, § 9A, as added Pub. L. 90–203, § 2, Dec. 15, 1967, 81 Stat. 609; amended Pub. L. 113–251, § 3(b), Dec. 18, 2014, 128 Stat. 2889.)

history & why it existsrecord from the source credit
  • 1913Enacted · Pub. L. 90-203 · 81 Stat. 609
  • 2014Amended · Pub. L. 113-251 · 128 Stat. 2889

A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-203 on 1913-12-13.

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