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18 U.S.C. § 212Offer of loan or gratuity to financial institution examiner

submitted 23 years ago by Pub. L. 108-198 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 456 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law bans bank officers and employees from giving loans or gifts to bank examiners. Violators can be fined, imprisoned up to a year, or both, plus an extra fine matching the amount. Regulators may set added limits, and a few loans are excepted under strict conditions.

(a) In General. Except for the exception in (b), if you're an officer, director, or employee of a financial institution, and you make or grant a loan or gratuity (gift) to an examiner or assistant examiner who examines — or has authority to examine — that bank, branch, agency, organization, corporation, association, or institution, you violate this section. The penalties are: (1) you can be fined under this title, imprisoned for up to 1 year, or both; and (2) you may also be fined a further sum equal to the money loaned or the gratuity given. (b) Regulations. A federal financial institution regulatory agency may issue regulations adding limits on applying for or receiving credit — including residential mortgage loans — under this section, after consulting with each other federal financial institution regulatory agency. (c) Definitions. (1) "Examiner" means a person who either (A) is appointed by a federal financial institution regulatory agency, or under state law, to examine a financial institution, or (B) is elected under state law to examine financial institutions. (2) "Federal financial institution regulatory agency" means: the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Federal Housing Finance Agency, the Farm Credit Administration, the Farm Credit System Insurance Corporation, and the Small Business Administration. (3) "Financial institution" does not include a credit union, a Federal Reserve Bank, a federal home loan bank, or a depository institution holding company. (4) "Loan" does not include a credit card account under an open-end consumer credit plan, or a loan secured by the examiner's own primary residence, as long as: (A) the examiner meets the same financial requirements as any other applicant for that type of credit; (B) the account's or loan's terms — and any credit extended under it — are no more favorable to the examiner than what the same institution generally offers other borrowers or cardholders in comparable circumstances; and (C) for a residential real property loan, the loan is with respect to the applicant's primary residence.
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

Except as provided in subsection (b), whoever, being an officer, director, or employee of a financial institution, makes or grants any loan or gratuity, to any examiner or assistant examiner who examines or has authority to examine such bank, branch, agency, organization, corporation, association, or institution—

(1)

shall be fined under this title, imprisoned not more than 1 year, or both; and

(2)

may be fined a further sum equal to the money so loaned or gratuity given.

(b)Regulations.—

A Federal financial institution regulatory agency may prescribe regulations establishing additional limitations on the application for and receipt of credit under this section and on the application and receipt of residential mortgage loans under this section, after consulting with each other Federal financial institution regulatory agency.

(c)Definitions.—

In this section:

(1)Examiner.—

The term “examiner” means any person

(A)

appointed by a Federal financial institution regulatory agency or pursuant to the laws of any State to examine a financial institution; or

(B)

elected under the law of any State to conduct examinations of any financial institutions.

(2)Federal financial institution regulatory agency.—

The term “Federal financial institution regulatory agency” means—

(A)

the Office of the Comptroller of the Currency;

(B)

the Board of Governors of the Federal Reserve System;

(C)

the Federal Deposit Insurance Corporation;

(D)

the Federal Housing Finance Agency;

(E)

the Farm Credit Administration;

(F)

the Farm Credit System Insurance Corporation; and

(G)

the Small Business Administration.

(3)Financial institution.—

The term “financial institution” does not include a credit union, a Federal Reserve Bank, a Federal home loan bank, or a depository institution holding company.

(4)Loan.—

The term “loan” does not include any credit card account established under an open end consumer credit plan or a loan secured by residential real property that is the principal residence of the examiner, if—

(A)

the applicant satisfies any financial requirements for the credit card account or residential real property loan that are generally applicable to all applicants for the same type of credit card account or residential real property loan;

(B)

the terms and conditions applicable with respect to such account or residential real property loan, and any credit extended to the examiner under such account or residential real property loan, are no more favorable generally to the examiner than the terms and conditions that are generally applicable to credit card accounts or residential real property loans offered by the same financial institution to other borrowers cardholders 1 in comparable circumstances under open end consumer credit plans or for residential real property loans; and

(C)

with respect to residential real property loans, the loan is with respect to the primary residence of the applicant.

Source credit: (Added Pub. L. 108–198, § 2(a), Dec. 19, 2003, 117 Stat. 2899; amended Pub. L. 110–289, div. A, title II, § 1216(c), July 30, 2008, 122 Stat. 2792; Pub. L. 111–203, title III, § 377(1), July 21, 2010, 124 Stat. 1569.)

history & why it existsrecord from the source credit
  • 2003Enacted · Pub. L. 108-198 · 117 Stat. 2899
  • 2008Amended · Pub. L. 110-289 · 122 Stat. 2792
  • 2010Amended · Pub. L. 111-203 · 124 Stat. 1569

A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-198 on 2003-12-19.

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