U.S. Code » Title 18 » Part PART I— CRIMES › Chapter CHAPTER 1— GENERAL PROVISIONS

18 U.S.C. § 20

Financial institution defined

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As used in this title, the term “financial institution” means—(1) an insured depository institution (as defined in section 3(c)(2) of the Federal Deposit Insurance Act);(2) a credit union with accounts insured by the National Credit Union Share Insurance Fund;(3) a Federal home loan bank or a member, as defined in section 2 of the Federal Home Loan Bank Act (12 U.S.C. 1422), of the Federal home loan bank system;(4) a System institution of the Farm Credit System, as defined in section 5.35(3) of the Farm Credit Act of 1971;(5) a small business investment company, as defined in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662);(6) a depository institution holding company (as defined in section 3(w)(1) of the Federal Deposit Insurance Act;(7) a Federal Reserve bank or a member bank of the Federal Reserve System;(8) an organization operating under section 25 or section 25(a) 11 See References in Text note below. of the Federal Reserve Act;(9) a branch or agency of a foreign bank (as such terms are defined in paragraphs (1) and (3) of section 1(b) of the International Banking Act of 1978); or(10) a mortgage lending business (as defined in section 27 of this title) or any person or entity that makes in whole or in part a federally related mortgage loan as defined in section 3 of the Real Estate Settlement Procedures Act of 1974.(Added Pub. L. 98–473, title II, § 1107(a), Oct. 12, 1984, 98 Stat. 2145, § 215(b); amended Pub. L. 99–370, § 2, Aug. 4, 1986, 100 Stat. 779; renumbered § 20 and amended Pub. L. 101–73, title IX, § 962(e)(1), (2), Aug. 9, 1989, 103 Stat. 503; Pub. L. 101–647, title XXV, § 2597(a), Nov. 29, 1990, 104 Stat. 4908; Pub. L. 111–21, § 2(a), May 20, 2009, 123 Stat. 1617.)Editorial NotesReferences in Text

Section 3 of the Federal Deposit Insurance Act, referred to in pars. (1) and (6), is classified to section 1813 of Title 12, Banks and Banking.

Section 5.35(3) of the Farm Credit Act of 1971, referred to in par. (4), is classified to section 2271(3) of Title 12, Banks and Banking.

Section 25 of the Federal Reserve Act, referred to in par. (8), is classified to subchapter I (§ 601 et seq.) of chapter 6 of Title 12, Banks and Banking. Section 25(a) of the Federal Reserve Act, which is classified to subchapter II (§ 611 et seq.) of chapter 6 of Title 12, was renumbered section 25A of that act by Pub. L. 102–242, title I, § 142(e)(2), Dec. 19, 1991, 105 Stat. 2281.

Section 1(b) of the International Banking Act of 1978, referred to in par. (9), is classified to section 3101 of Title 12, Banks and Banking.

Section 3 of the Real Estate Settlement Procedures Act of 1974, referred to in par. (10), is classified to section 2602 of Title 12, Banks and Banking.

Prior Provisions

A prior section 20 was renumbered section 17 of this title.

Amendments

2009—Par. (10). Pub. L. 111–21 added par. (10).

1990—Pars. (7) to (9). Pub. L. 101–647 added pars. (7) to (9).

1989—Pub. L. 101–73, § 962(e)(1), (2)(A)–(C), redesignated subsec. (b) of section 215 of this title as this section, inserted section catchline, struck out subsec. (b) designation before “As used”, and substituted “used in this title” for “used in this section”.

Par. (1). Pub. L. 101–73, § 962(e)(2)(D), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “a bank with deposits insured by the Federal Deposit Insurance Corporation;”.

Par. (2). Pub. L. 101–73, § 962(e)(2)(E), (H), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “an institution with accounts insured by the Federal Savings and Loan Insurance Corporation;”.

Par. (3). Pub. L. 101–73, § 962(e)(2)(H), redesignated par. (4) as (3). Former par. (3) redesignated (2).

Par. (4). Pub. L. 101–73, § 962(e)(2)(F), (H), redesignated par. (5) as (4) and amended it generally. Prior to amendment, par. (4) read as follows: “a Federal land bank, Federal intermediate credit bank, bank for cooperatives, production credit association, and Federal land bank association;”. Former par. (4) redesignated (3).

Par. (5). Pub. L. 101–73, § 962(e)(2)(H), redesignated par. (6) as (5). Former par. (5) redesignated (4).

Pars. (6), (7). Pub. L. 101–73, § 962(e)(2)(G), (H), redesignated par. (7) as (6) and amended it generally. Prior to amendment, par. (6) read as follows: “a bank holding company as defined in section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841); or”. Former par. (6) redesignated (5).

Par. (8). Pub. L. 101–73, § 962(e)(2)(E), struck out par. (8) which read as follows: “a savings and loan holding company as defined in section 408 of the National Housing Act (12 U.S.C. 1730a).”

1986—Pub. L. 99–370 amended subsec. (b) [formerly § 215(b)] generally expanding provisions formerly contained in subsec. (c) [former § 215(c)] defining “financial institution”.

Notes of Decisions
Cited in 177 cases (19 in the last 5 years), 1977–2026 · leading case: United States v. Euneisha Hearns
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United States v. Euneisha Hearns (2017) ca5 · cites it 9× “11 The government responds on appeal that it used the definition of “financial institution” found in 18 U.S.C. § 20 (1) at the time of Hearns’s charged conduct: “an insured depository institution (as defined in section 3(c)(2) of the Federal Deposit Insurance Act).”
United States v. Bennett (2010) ca9 · cites it 6× “See 18 U.S.C. § 20 (1); 12 U.S.C. § 1813 (c)(2).”
United States v. Patrick Savin (2003) ca2 · cites it 5× “Application Note 14 to the guideline defined “financial institution” to include: any institution described in 18 U.S.C. §§ 20 , 656, 657, 1005-1007, and 1014; any state or foreign bank, trust company, credit union, insurance company, investment company, mutual fund, savings…”
United States v. Herbert Vederman (2019) ca3 · cites it 2× “" The definition of "financial institution" for purposes of § 1344 is set forth at 18 U.S.C. § 20 , and includes "a credit union with accounts insured by the National Credit Union Share Insurance Fund" and "a mortgage lending business (as defined in section 27 of this Title).”
United States v. Irvin (2012) ca10 · cites it 3× “See 18 U.S.C. § 20 (2008). 14 Acknowledging this, the government sought to prove the loan funds disbursed by First Horizon constituted property “owned by, or under the custody or control” of First Tennessee National Bank (“First Tennessee”), First Horizon’s corporate parent and…”
United States v. Karen Cameron (1990) ca11 · cites it 3× “704(b) (included in the same legislation as was in part codified at 18 U.S.C. § 20 , later recodified at § 17).”
United States v. Soileau (2002) ca5 · cites it 6× “19) (2000) (defining “financial institution [as] any institution, described in 18 U.S.C. §§ 20 , 656, 657, 1005-1007, and 1014; any state or foreign bank, trust company, credit union, insurance company, investment company, mutual fund, savings (building and loan) association,…”
United States v. Prickett (1985) ohsd · cites it 7× “Among the many changes in federal law made by the Act was the enactment of the following new provision, 18 U.S.C. § 20 , pertaining to the insanity defense: § 20.”
United States v. Leonard A. Pelullo (1992) ca3 · cites it 2× “” 18 U.S.C. § 20 (1), (6). He further notes that the Federal Deposit Insurance Act, to which 18 U.”
United States v. Bryan Puckett (2019) ca6 · cites it 4× “” 18 U.S.C. § 20 (1). (We shall use the term “bank” as a synonym for “financial institution.”
Shaw v. United States (2016) scotus “§ 1344 (1), for example, a federally insured bank, 18 U.S.C. § 20 . The petitioner, Lawrence Shaw, was convicted of violating this provision.”
United States v. Edelkind (2006) ca1 · cites it 2× “Just before the court read the jury instructions and provided the jury with the special verdict form, Edelkind filed a motion for judgment of acquittal arguing that “Count Four is entirely dependant on Fairmont Funding [and] the Government has failed to prove federal…”
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