U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 47— FRAUD AND FALSE STATEMENTS

18 U.S.C. § 1032

Concealment of assets from conservator, receiver, or liquidating agent

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Whoever—(1) knowingly conceals or endeavors to conceal an asset or property from the Federal Deposit Insurance Corporation, acting as conservator or receiver or in the Corporation’s corporate capacity with respect to any asset acquired or liability assumed by the Corporation under section 11, 12, or 13 of the Federal Deposit Insurance Act, any conservator appointed by the Comptroller of the Currency, the Federal Deposit Insurance Corporation acting as receiver for a covered financial company, in accordance with title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act, or the National Credit Union Administration Board, acting as conservator or liquidating agent;(2) corruptly impedes or endeavors to impede the functions of such Corporation, Board, or conservator; or(3) corruptly places or endeavors to place an asset or property beyond the reach of such Corporation, Board, or conservator,shall be fined under this title or imprisoned not more than 5 years, or both.(Added Pub. L. 101–647, title XXV, § 2501(a), Nov. 29, 1990, 104 Stat. 4859; amended Pub. L. 107–273, div. B, title IV, § 4002(b)(13), Nov. 2, 2002, 116 Stat. 1808; Pub. L. 111–203, title II, § 211(a), (b), title III, § 377(7), July 21, 2010, 124 Stat. 1514, 1569.)Editorial NotesReferences in Text

Sections 11, 12, and 13 of the Federal Deposit Insurance Act, referred to in par. (1), are classified to sections 1821, 1822, and 1823, respectively, of Title 12, Banks and Banking.

The Dodd-Frank Wall Street Reform and Consumer Protection Act, referred to in par. (1), is Pub. L. 111–203, July 21, 2010, 124 Stat. 1376. Title II of the Act is classified principally to subchapter II (§ 5381 et seq.) of chapter 53 of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 12 and Tables.

Amendments

2010—Pub. L. 111–203, § 211(b), struck out “of financial institution” after “agent” in section catchline.

Par. (1). Pub. L. 111–203, § 377(7), struck out “the Resolution Trust Corporation,” after “Federal Deposit Insurance Act,” and “or the Director of the Office of Thrift Supervision” after “Comptroller of the Currency”.

Pub. L. 111–203, § 211(a), inserted “the Federal Deposit Insurance Corporation acting as receiver for a covered financial company, in accordance with title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act,” before “or the National Credit”.

2002—Par. (1). Pub. L. 107–273 substituted “13” for “13,”.

Statutory Notes and Related SubsidiariesEffective Date of 2010 Amendment

Amendment by section 211(a), (b) of Pub. L. 111–203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as an Effective Date note under section 5301 of Title 12, Banks and Banking.

Amendment by section 377(7) of Pub. L. 111–203 effective on the transfer date, see section 351 of Pub. L. 111–203, set out as a note under section 906 of Title 2, The Congress.

Notes of Decisions
Cited in 14 cases, 1995–2008 · leading case: United States v. Sidney J. Dickler, 64 F.3d 818 (3d Cir. 1995).
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United States v. Sidney J. Dickler, 64 F.3d 818 (3d Cir. 1995). · cites it 6× “OPINION OF THE COURT STAPLETON, Circuit Judge: These are appeals from the judgments of sentence imposed on Sidney Dickler and Richard Petrucci after each entered a plea of guilty to impeding the functions of the Resolution Trust Corporation (“RTC”) in violation of 18 U.S.C. §…”
United States v. Doyle Marshall Willey, Sr., 57 F.3d 1374 (5th Cir. 1995). · cites it 2× “Under 18 U.S.C. § 1032 , it is a crime to “knowingly conceal[] or endeavor[] to conceal an asset or property from the Federal Deposit Insurance Corporation, acting as conservator or receiver or in the Corporation’s corporate capacity with respect to any asset acquired or…”
United States v. Ronald T. Schaefer, 291 F.3d 932 (7th Cir. 2002). “The defendants were subsequently charged with concealing assets from the RTC, in violation of 18 U.S.C. § 1032 (2). However, this statute was not enacted until November 29, 1990.”
United States v. Jess A. RODRIGUES, 159 F.3d 439 (9th Cir. 1998). “Count 19 charged Rodrigues with violation of 18 U.S.C. § 1032 by corruptly impeding the functions of the RTC by paying $50,000 from the refund account to pay a bonus to the accountant who had filed for the refunds.”
United States v. Seitz, 952 F. Supp. 229 (E.D. Pa. 1997). · cites it 5× “The Government has charged Seitz with concealing assets from the RTC, corruptly impeding RTC functions, and corruptly endeavoring to place assets beyond the RTC’s reach, all in violation of 18 U.S.C. § 1032 . Indict. Count Six at ¶ 10.”
United States v. Hubbell, Webster L., 177 F.3d 11 (D.C. Cir. 1999). “The remaining counts are as follows: Count 2 charges a violation of 18 U.S.C. § 1032 (2) (corruptly impeding the functions of the FDIC and Resolution Trust Corporation (RTC)); Count 3 charges a violation of 18 U.”
United States v. Adams, 74 F.3d 1093 (11th Cir. 1996). “§ 657 ), impeding the lawful functions of the RTC ( 18 U.S.C. § 1032 (2)), and money laundering ( 18 U.”
United States v. Hubbell, 44 F. Supp. 2d 1 (D.D.C. 1999). “§ 1001 (Count 1); corrupting the work of the FDIC and the RTC in violation of 18 U.S.C. § 1032 (2) (Count 2); fraud upon the FDIC and the RTC in violation of 18 U.”
United States v. Colton, 38 F. App'x 119 (4th Cir. 2002). “Laskin also participated in the schemes giving rise to Colton’s convictions; as a result, he was charged with and pled guilty to bank fraud and concealing assets from the Resolution Trust Corporation, see 18 U.S.C.A. § 1032 (West 2000). The proceedings against Laskin, including…”
United States v. McBirney, 261 F. App'x 741 (5th Cir. 2008). · cites it 3× “Counts 16 through 24 charged McBirney with concealment of assets from the FDIC, in violation of 18 U.S.C. § 1032 (1), by knowingly understating his income on the same nine reports alleged in counts 7 through 15.”
United States v. Dickler, No. 94-3517 (3d Cir. Aug. 21, 1995). · cites it 4× “Petrucci OPINION OF THE COURT STAPLETON, Circuit Judge: These are appeals from the judgments of sentence imposed on Sidney Dickler and Richard Petrucci after each entered a plea of guilty to impeding the functions of the Resolution Trust Corporation ("RTC") in violation of 18…”
United States v. Brijido Padilla-Reyes, No. 00-10504 (11th Cir. Apr. 11, 2001). “§ 657 ), impeding the lawful functions of the RTC ( 18 U.S.C. § 1032 (2)), and money laundering ( 18 U.”
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