Imagini ale paginilor
PDF
ePub

97

2

3

(1) with intent to deceive or harm another person or a government; or

(2) knowing that the actor is facilitating another's deceiving or harming

a person or government;

4 knowingly makes, utters, or possesses a forged written instrument shall be pun

[blocks in formation]

9

10

11

12

13

14

15

(a) Whoever, with intent to deceive or harm another person or a government or knowing that the actor is facilitating another's deceiving or harming a person or government, knowingly—

(1) signs or endorses a written instrument purportedly on behalf of another person or a government without authority to do so; or

(2) utters or possesses a written instrument that has been so signed or endorsed;

16 shall be punished as provided in subsection (b) of this section.

17

[(b) grading.]

18

[(c) jurisdiction.]

19 82544. Criminal issuance of a written instrument

[merged small][merged small][merged small][merged small][merged small][ocr errors]

(a) Whoever, with intent to deceive or harm another person or a government or knowing that the actor is facilitating another's deceiving or harming a person or government, knowingly—

(1) issues a written instrument without authority; or

(2) utters or possesses a written instrument that has been so issued;

25 shall be punished as provided in subsection (b) of this section.

26

[(b) grading.]

27

[(c) jurisdiction.]

28 82545. Trafficking in a counterfeiting implement

29

(a) Whoever, knowingly makes, traffics in, or possesses a counterfeiting or 30 forging implement with intent that it be used in making a counterfeited or forged 31 written instrument shall be punished as provided in subsection (b) of this section.

[blocks in formation]

34 [82546. Trafficking in counterfeit labels for sound recordings, motion pictures, and audiovisual works

35

36

37

[(a) Whoever knowingly traffics in a counterfeit label designed to be affixed to a sound recording, a motion picture, or an audiovisual work commits a class [D]

38 felony.

39

40

41

42

[(b) As used in this section, the term

[(1) "counterfeit label" means an identifying label or container that is designed to be affixed to or to enclose a sound recording, a motion picture, or an audiovisual work;

54-193 0 - 79 - 49

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

[merged small][merged small][subsumed][subsumed][subsumed][subsumed][ocr errors][merged small]

98

[(2) "sound recording" has the meaning set forth in section 101 of title 17, United States Code;

[(3) "motion picture" has the meaning set forth in section 101 of title

17, United States Code; and

[(4) "audiovisual work" has the meaning set forth in section 101 of title

17, United States Code.]

§ 2547. Definitions for subchapter

As used in this subchapter, the term

(1) "counterfeited written instrument" means a written instrument that purports to be genuine but is not, because it has been falsely made or manufactured in its entirety;

(2) "counterfeiting implement" means an engraving, plate, hub, stone, paper, tool, die, mold, ink, photograph, negative, or other implement or impression [especially] designed or suited for the making of counterfeited written instrument;

(3) “forged written instrument" means a written instrument that purports to be genuine but is not because it: (A) has been falsely altered, completed, signed, or endorsed; (B) contains a false addition thereto or insertion therein; or (C) is a combination of parts of two or more genuine written instruments;

(4) "forging implement" means an engraving, plate, hub, stone, paper, tool, die, mold, ink, photograph, negative, or other implement or impression [especially] designed or suited for the making of a forged written instrument;

(5) "obligation of the United States" means a bond, certificate of indebtedness, national bank currency, Federal Reserve note, Federal Reserve 27 bank note, coupon, United States note, Treasury note, gold certificate, silver certificate, fractional note, certificate of deposit, stamp, canceled stamp, postage meter stamp, coin, gold or silver bar coined or stamped at a mint or assay office of the United States, or other representation of value of any denomination, issued pursuant to a Federal statute, except a bill, money order, check, or draft for money, drawn by or upon an authorized officer of the United States;

31

32

33

34

35

36

37

38

39

40

41

42

(6) "security" means (A) an obligation of the United States; (B) a note, stock certificate, treasury stock certificate, bond, treasury bond, debenture, certificate of deposit, interest coupon, bill, check, draft, warrant, money order, money order blank, 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, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, or certificate of interest in tangible or intangible property; (C) an instrument evidencing ownerships of

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

27

28

29

Sec.

99

goods, wares, or merchandise; (D) a certificate for, receipt for, or warrant or right to subscribe to or purchase any of the foregoing; (E) an obligation, banknote, bill, coin, or bar issued by a foreign government and intended by the law or usage of such government to circulate as money; (F) a security of a foreign government; (G) a postage stamp, revenue stamp, or uncancelled stamp, whether or not demonetized, issued by a foreign government; or (H) any other written instrument commonly known as a security;

(7) "tax stamp" includes a tax stamp, tax token, tax meter imprint, or any similar evidence of an obligation running to a government or of the discharge of such an obligation;

(8) "utter" means to issue, authenticate, transfer, publish, sell, deliver, transmit, present, display, use, certify, or otherwise give currency to;

(9) "written instrument" means (A) a security; (B) a commercial paper or document, or other commercial instrument containing written or printed matter or its equivalent; or (C) a symbol or evidence of value, right, privilege, interest, claim, or identification that is capable of being used to the advantage or disadvantage of any person; but, except as used in section 2545, does not include a written instrument that is the subject of a counterfeiting, forgery, criminal endorsement, or criminal issuance offense described outside this title; and

(10) "written instrument issued under the authority of the United States" includes a warehouse receipt issued pursuant to the United States Warehouse Act (7 U.S.C. 241 et seq.) and an "authorization to purchase card" as defined in section 3(m) of the Food Stamp Act of 1964 (7 U.S.C. 2012(m)).

Subchapter VI-Nongovernmental Bribery

2551. Bribery of government contractors.

2552. Labor bribery.

2553. Sports bribery.

§ 2551. Bribery of government contractors

Whoever violates section 4 of the Act entitled "An Act to eliminate the prac

tice by subcontractors, under cost-plus-a-fixed-fee or cost reimbursable contracts 30 of the United States, of paying fees or kickbacks, or of granting gifts or gratuities 31 to employees of a cost-plus-a-fixed-fee or cost reimbursable prime contractors or 32 of higher tier subcontractors for the purpose of securing the award of subcon33 tracts or orders", approved March 8, 1946 (41 U.S.C. 54) commits a class E 34 felony.

[blocks in formation]

37

38

39

(1) being an employer knowingly offers, gives, or agrees to give anything of pecuniary value to a labor organization, or to an officer or agent of a labor organization with intent to influence or reward the recipient re

[blocks in formation]

100

garding the recipient's conduct in any transaction or matter concerning that labor organization;

(2) knowingly offers, gives, or agrees to give anything of pecuniary value to

(A) an administrator, agent, or trustee of an employee benefit plan; (B) an employer or agent of an employer, any of whose employees are covered by an employee benefit plan;

(C) an agent of an employee organization, any of whose members are covered by an employee benefit plan; or

(D) a person who, or an agent of an organization that, provides employee benefit plan services;

with intent to influence or reward the recipient regarding the recipient's conduct relating to any transaction or matter concerning such employee benefit plan;

(3) knowingly offers, gives, or agrees to give anything of pecuniary value to an officer, agent, or trustee of a labor organization with intent to influence or reward the recipient regarding—

(A) the admission of any person to membership or to a class of membership, or the issuance to any person of the indicia of membership or of a class of membership, in the labor organization;

(B) the work placement of any person by the labor organization; or (C) any transaction or matter concerning the expenditure, transfer, investment, or other use of the funds, money, securities, property, or other assets of the labor organization; or

(4) being one of the described recipients in paragraphs (1) through (3) of this subsection, knowingly solicits, accepts, or agrees to accept anything of pecuniary value from another that is given with the intent or motive described in the paragraph in which such recipient is described;

29 commits a class E felony.

30

[blocks in formation]

(b) As used in this section, the term

(1) "administrator" has the meaning set forth in section (3)(16)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(16)(A));

(2) "anything of pecuniary value" means anything of value in the form of money, a negotiable instrument, a commercial interest, or anything else the primary significance of which is economic advantage, or in the form of anything else that has a value in excess of $100, but does not include bona fide salary, wages, fees, or other compensation paid in the usual course of business;

(3) "employee organization" has the meaning set forth in section 3(4) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(4));

101

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][subsumed][subsumed][merged small][subsumed][subsumed][ocr errors][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed]

(4) "employee benefit plan" includes

(A) the meaning set forth in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)); and

(B) any trust fund established by an employer or by an employee organization, or by both, to provide any benefit to the members of the organization or to their families;

(5) "employer" includes a group or association of employers, and a person acting directly or indirectly as an employer or as [an agent of or] in the interest of an employer but does not include [a government] [the United States or any wholly owned Government corporation, or any Federal Reserve Bank, or any State or political subdivision thereof, or any person subject to the Railway Labor Act [citation], or any labor organization (other than when acting as an employer), or anyone acting in the capacity of officer or agent of such labor organization];

(6) “labor organization” has the meaning set forth in [section 3 of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C.

402(i))];

(7) "officer", when used with respect to a labor organization, means a person who is an officer of a labor organization for the purposes of [the Act of June 23, 1947; 61 Stat. 156]; and

(8) "work placement" means a scheme, system, or method whereby members of a labor organization or other persons gain employment or are referred for employment, and includes any such scheme, system, or method that establishes a priority or preference upon the basis of—

(A) seniority within the labor organization;

(B) experience or competency in a particular trade or field of employment;

(C) length of employment in a particular trade or field of employment or with specified employers or within a particular geographical

area;

(D) performance on an examination relating to an individual's ability to perform work in a particular trade or field or employment; or (E) the date of registration on a list of persons available for work.

34 82553. Sports bribery

35

36

37

38

39

40

41

42

(a) Whoever

(1) with intent to affect the outcome, result, or margin of victory of a publicly exhibited sporting contest knowingly offers, gives, or agrees to give anything of pecuniary value to a participant, official, or other person associated with the contest; or

(2) as a participant, official, or other person associated with the contest, nowingly solicits, accepts, or agrees to accept anything of pecuniary value from another given with intent described in subsection (d);

« ÎnapoiContinuă »