18 U.S.C. § 894 — Collection of extensions of credit by extortionate means
submitted 58 years ago by Pub. L. 90-321 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 267 words · no verdicts yet
Knowingly using or conspiring to use extortionate methods to collect credit or punish nonpayment is punishable by up to 20 years in prison, a fine, or both. The court may admit evidence of collection practices and reputation to show an implicit threat.
(a) Anyone who knowingly participates in any way, or conspires to do so, in using an “extortionate means” to collect or try to collect any “extension of credit,” or to punish any person for not repaying it, may be fined under this title, imprisoned for up to 20 years, or both. This section does not define the quoted terms. (b) In a prosecution under this section, evidence may be introduced to help show an implicit threat used as a means of collection. The evidence may tend to show that one or more extensions of credit by the creditor were, to the knowledge of the person against whom the implicit threat was alleged to have been made, collected or attempted to be collected by extortionate means, or that nonrepayment of those extensions was punished by extortionate means. (c) In a prosecution under this section, if evidence has been introduced tending to show that, when the extension of credit in question was made, the circumstances described in section 892(b)(1) or section 892(b)(2) existed, and direct evidence of the debtor's actual belief about the creditor's collection practices is not available, the court may, in its discretion, allow evidence tending to show the defendant's reputation in any community of which the person against whom the alleged threat was made was a member at the time of the collection or attempted collection. This section does not define the quoted terms.
Whoever knowingly participates in any way, or conspires to do so, in the use of any extortionate means
to collect or attempt to collect any extension of credit, or
to punish any person for the nonrepayment thereof,
shall be fined under this title or imprisoned not more than 20 years, or both.
In any prosecution under this section, for the purpose of showing an implicit threat as a means of collection, evidence may be introduced tending to show that one or more extensions of credit by the creditor were, to the knowledge of the person against whom the implicit threat was alleged to have been made, collected or attempted to be collected by extortionate means or that the nonrepayment thereof was punished by extortionate means.
In any prosecution under this section, if evidence has been introduced tending to show the existence, at the time the extension of credit in question was made, of the circumstances described in section 892(b)(1) or the circumstances described in section 892(b)(2), and direct evidence of the actual belief of the debtor as to the creditor’s collection practices is not available, then for the purpose of showing that words or other means of communication, shown to have been employed as a means of collection, in fact carried an express or implicit threat, the court may in its discretion allow evidence to be introduced tending to show the reputation of the defendant in any community of which the person against whom the alleged threat was made was a member at the time of the collection or attempt at collection.
Source credit: (Added Pub. L. 90–321, title II, § 202(a), May 29, 1968, 82 Stat. 161; amended Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)
- 1968Enacted · Pub. L. 90-321 · 82 Stat. 161
- 1994Amended · Pub. L. 103-322 · 108 Stat. 2147
A history note hasn’t been published yet. The record shows enactment by Pub. L. 90-321 on 1968-05-29.
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