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

18 U.S.C. § 1033

Crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce

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(a)(1) Whoever is engaged in the business of insurance whose activities affect interstate commerce and knowingly, with the intent to deceive, makes any false material statement or report or willfully and materially overvalues any land, property or security—(A) in connection with any financial reports or documents presented to any insurance regulatory official or agency or an agent or examiner appointed by such official or agency to examine the affairs of such person, and(B) for the purpose of influencing the actions of such official or agency or such an appointed agent or examiner,shall be punished as provided in paragraph (2).(2) The punishment for an offense under paragraph (1) is a fine as established under this title or imprisonment for not more than 10 years, or both, except that the term of imprisonment shall be not more than 15 years if the statement or report or overvaluing of land, property, or security jeopardized the safety and soundness of an insurer and was a significant cause of such insurer being placed in conservation, rehabilitation, or liquidation by an appropriate court.(b)(1) Whoever—(A) acting as, or being an officer, director, agent, or employee of, any person engaged in the business of insurance whose activities affect interstate commerce, or(B) is engaged in the business of insurance whose activities affect interstate commerce or is involved (other than as an insured or beneficiary under a policy of insurance) in a transaction relating to the conduct of affairs of such a business,willfully embezzles, abstracts, purloins, or misappropriates any of the moneys, funds, premiums, credits, or other property of such person so engaged shall be punished as provided in paragraph (2).(2) The punishment for an offense under paragraph (1) is a fine as provided under this title or imprisonment for not more than 10 years, or both, except that if such embezzlement, abstraction, purloining, or misappropriation described in paragraph (1) jeopardized the safety and soundness of an insurer and was a significant cause of such insurer being placed in conservation, rehabilitation, or liquidation by an appropriate court, such imprisonment shall be not more than 15 years. If the amount or value so embezzled, abstracted, purloined, or misappropriated does not exceed $5,000, whoever violates paragraph (1) shall be fined as provided in this title or imprisoned not more than one year, or both.(c)(1) Whoever is engaged in the business of insurance and whose activities affect interstate commerce or is involved (other than as an insured or beneficiary under a policy of insurance) in a transaction relating to the conduct of affairs of such a business, knowingly makes any false entry of material fact in any book, report, or statement of such person engaged in the business of insurance with intent to deceive any person, including any officer, employee, or agent of such person engaged in the business of insurance, any insurance regulatory official or agency, or any agent or examiner appointed by such official or agency to examine the affairs of such person, about the financial condition or solvency of such business shall be punished as provided in paragraph (2).(2) The punishment for an offense under paragraph (1) is a fine as provided under this title or imprisonment for not more than 10 years, or both, except that if the false entry in any book, report, or statement of such person jeopardized the safety and soundness of an insurer and was a significant cause of such insurer being placed in conservation, rehabilitation, or liquidation by an appropriate court, such imprisonment shall be not more than 15 years.(d) Whoever, by threats or force or by any threatening letter or communication, corruptly influences, obstructs, or impedes or endeavors corruptly to influence, obstruct, or impede the due and proper administration of the law under which any proceeding involving the business of insurance whose activities affect interstate commerce is pending before any insurance regulatory official or agency or any agent or examiner appointed by such official or agency to examine the affairs of a person engaged in the business of insurance whose activities affect interstate commerce, shall be fined as provided in this title or imprisoned not more than 10 years, or both.(e)(1)(A) Any individual who has been convicted of any criminal felony involving dishonesty or a breach of trust, or who has been convicted of an offense under this section, and who willfully engages in the business of insurance whose activities affect interstate commerce or participates in such business, shall be fined as provided in this title or imprisoned not more than 5 years, or both.(B) Any individual who is engaged in the business of insurance whose activities affect interstate commerce and who willfully permits the participation described in subparagraph (A) shall be fined as provided in this title or imprisoned not more than 5 years, or both.(2) A person described in paragraph (1)(A) may engage in the business of insurance or participate in such business if such person has the written consent of any insurance regulatory official authorized to regulate the insurer, which consent specifically refers to this subsection.(f) As used in this section—(1) the term “business of insurance” means—(A) the writing of insurance, or(B) the reinsuring of risks,by an insurer, including all acts necessary or incidental to such writing or reinsuring and the activities of persons who act as, or are, officers, directors, agents, or employees of insurers or who are other persons authorized to act on behalf of such persons;(2) the term “insurer” means any entity the business activity of which is the writing of insurance or the reinsuring of risks, and includes any person who acts as, or is, an officer, director, agent, or employee of that business;(3) the term “interstate commerce” means—(A) commerce within the District of Columbia, or any territory or possession of the United States;(B) all commerce between any point in the State, territory, possession, or the District of Columbia and any point outside thereof;(C) all commerce between points within the same State through any place outside such State; or(D) all other commerce over which the United States has jurisdiction; and(4) the term “State” includes any State, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands.(Added Pub. L. 103–322, title XXXII, § 320603(a), Sept. 13, 1994, 108 Stat. 2115.)Executive DocumentsTermination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.

Notes of Decisions
Cited in 73 cases (19 in the last 5 years), 1996–2026 · leading case: United States v. Richard Renzi, 769 F.3d 731 (9th Cir. 2014).
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United States v. Richard Renzi, 769 F.3d 731 (9th Cir. 2014). · cites it 31× “Regarding Renzi’s insurance-fraud conviction, the panel rejected Renzi’s contentions (1) that the government failed to prove that Renzi & Company, an insurance agency specializing in obtaining insurance coverage for non-profit organizations and crisis pregnancy centers, was…”
Griffin v. ARX Holding Corp., 208 So. 3d 164 (Fla. 2d DCA 2016). · cites it 13× “18 U.S.C. § 1033 (e)(1)(A). 4 The federal statute continues: “Any individual who is engaged in the business of insurance whose activities affect interstate commerce and who willfully permits the participation described in subparagraph (A) shall be fined as provided in this title…”
State v. Hammer, 2010 ND 152 (N.D. 2010). · cites it 4× “§ 1033 (e)(1)(A), “[a]ny individual who has been convicted of any criminal felony involving dishonesty or a breach of trust, or who has been convicted of an offense under this section, and who willfully engages in the business of insurance whose activities affect interstate…”
United States v. Peterson, 896 F. Supp. 2d 305 (S.D.N.Y. 2012). · cites it 5× “§ 1343 , one count of engaging in the insurance business after being convicted of a felony involving dishonesty or breach of trust, in violation of 18 U.S.C. § 1033 (e)(1)(A), and one count of money laundering, in violation of 18 U.”
United States v. Segal, 299 F. Supp. 2d 840 (N.D. Ill. 2004). · cites it 7× “They claim that: (1) the false-statement counts (counts ten to sixteen) fail to allege 18 U.S.C. § 1033 (a)(1) violations; and (2) the mail-fraud counts (counts one through seven) fail to allege 18 U.”
United States v. Jeffrey Cohen, 888 F.3d 667 (4th Cir. 2018). “§ 1028A (Count Twenty); making false statements to an insurance regulator, in violation of 18 U.S.C. § 1033 (a) (Count Twenty-Four); and obstruction of justice, in violation of 18 U.”
Donelon v. Louisiana Div. of Admin. Law, 522 F.3d 564 (5th Cir. 2008). · cites it 4× “He argued that under 18 U.S.C. § 1033 , he is the sole authority in Louisiana who may regulate which individuals may engage in the insurance business.”
Kernan v. New York State Dep't of Fin. Servs., 712 F. App'x 61 (2d Cir. 2017). · cites it 7× “2 Kernan’s conviction barred him from engaging in the insurance business in a particular state absent consent by the state’s insurance regulator.”
Beamer v. Netco Inc., 411 F. Supp. 2d 882 (S.D. Ohio 2005). · cites it 7× “18 U.S.C. § 1033 (e)(1)(A). For purposes of this section, the “business of insurance” includes “the writing of insurance” or “the reinsuring of risks” which includes “all acts necessary or incidental to such writing or reinsuring and the activities of persons who act as, or are…”
United States v. Peterson, 357 F. Supp. 2d 748 (S.D.N.Y. 2005). · cites it 6× “18 and to dismiss Count Two — -the insurance business count — on the grounds that the statute, 18 U.S.C. § 1033 (e)(1)(A), is unconstitutionally vague.”
United States v. Tracey Hartz, 296 F.3d 595 (7th Cir. 2002). · cites it 2× “§ 1341 , and insurance fraud in violation of 18 U.S.C. § 1033 . In his plea agreement, he retained the right to appeal his sentence and now argues that the district court erred in applying an increase to his offense level under United States Sentencing Guideline § 2Fl.”
United States v. Richard William Peterson, 689 F.3d 1260 (11th Cir. 2012). “§ 1343 , and (iii) insurance fraud, in violation of 18 U.S.C. § 1033 (c)(1), all of which violated 18 U.”
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— 18 U.S.C. § 1033(a) — 1 case
United States v. Goff, 598 F. Supp. 2d 1237 (M.D. Ala. 2009).
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