18 U.S.C. § 212

Offer of loan or gratuity to financial institution examiner

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(a)In General.—Except as provided in subsection (b), whoever, being an officer, director, or employee of a financial institution, makes or grants any loan or gratuity, to any examiner or assistant examiner who examines or has authority to examine such bank, branch, agency, organization, corporation, association, or institution—(1) shall be fined under this title, imprisoned not more than 1 year, or both; and(2) may be fined a further sum equal to the money so loaned or gratuity given.(b)Regulations.—A Federal financial institution regulatory agency may prescribe regulations establishing additional limitations on the application for and receipt of credit under this section and on the application and receipt of residential mortgage loans under this section, after consulting with each other Federal financial institution regulatory agency.(c)Definitions.—In this section:(1)Examiner.—The term “examiner” means any person—(A) appointed by a Federal financial institution regulatory agency or pursuant to the laws of any State to examine a financial institution; or(B) elected under the law of any State to conduct examinations of any financial institutions.(2)Federal financial institution regulatory agency.—The term “Federal financial institution regulatory agency” means—(A) the Office of the Comptroller of the Currency;(B) the Board of Governors of the Federal Reserve System;(C) the Federal Deposit Insurance Corporation;(D) the Federal Housing Finance Agency;(E) the Farm Credit Administration;(F) the Farm Credit System Insurance Corporation; and(G) the Small Business Administration.(3)Financial institution.—The term “financial institution” does not include a credit union, a Federal Reserve Bank, a Federal home loan bank, or a depository institution holding company.(4)Loan.—The term “loan” does not include any credit card account established under an open end consumer credit plan or a loan secured by residential real property that is the principal residence of the examiner, if—(A) the applicant satisfies any financial requirements for the credit card account or residential real property loan that are generally applicable to all applicants for the same type of credit card account or residential real property loan;(B) the terms and conditions applicable with respect to such account or residential real property loan, and any credit extended to the examiner under such account or residential real property loan, are no more favorable generally to the examiner than the terms and conditions that are generally applicable to credit card accounts or residential real property loans offered by the same financial institution to other borrowers cardholders 11 So in original. in comparable circumstances under open end consumer credit plans or for residential real property loans; and(C) with respect to residential real property loans, the loan is with respect to the primary residence of the applicant.(Added Pub. L. 108–198, § 2(a), Dec. 19, 2003, 117 Stat. 2899; amended Pub. L. 110–289, div. A, title II, § 1216(c), July 30, 2008, 122 Stat. 2792; Pub. L. 111–203, title III, § 377(1), July 21, 2010, 124 Stat. 1569.)Editorial NotesPrior Provisions

A prior section 212, acts June 25, 1948, ch. 645, 62 Stat. 694, § 212, formerly § 217; Pub. L. 85–699, title VII, § 701(a), Aug. 21, 1958, 72 Stat. 698; Pub. L. 86–168, title I, § 104(h), Aug. 18, 1959, 73 Stat. 387; renumbered § 212, Pub. L. 87–849, § 1(d), Oct. 23, 1962, 76 Stat. 1125; Pub. L. 101–73, title IX, § 962(a)(1), Aug. 9, 1989, 103 Stat. 501; Pub. L. 101–647, title XXV, § 2597(b), Nov. 29, 1990, 104 Stat. 4908; Pub. L. 103–322, title XXXIII, §§ 330004(1), 330010(1), 330016(1)(K), Sept. 13, 1994, 108 Stat. 2141, 2143, 2147, related to offer of loan or gratuity to bank examiner, prior to repeal by Pub. L. 108–198, § 2(a), Dec. 19, 2003, 117 Stat. 2899.

Another prior section 212, act June 25, 1948, ch. 645, 62 Stat. 693, related to an offer or threat to a customs officer or employee, prior to the general amendment to this chapter by Pub. L. 87–849 and is substantially covered by revised section 201.

Amendments

2010—Subsec. (c)(2)(C) to (H). Pub. L. 111–203 redesignated subpars. (D) to (H) as (C) to (G), respectively, and struck out former subpar. (C) which read as follows: “the Office of Thrift Supervision;”.

2008—Subsec. (c)(2)(E). Pub. L. 110–289 substituted “Federal Housing Finance Agency” for “Federal Housing Finance Board”.

Statutory Notes and Related SubsidiariesEffective Date of 2010 Amendment

Amendment by 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 16 cases, 1957–2009 · leading case: Williams v. United States, 458 U.S. 279 (1982).

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Williams v. United States, 458 U.S. 279 (1982). · cites it 2× “, 18 U. S. C. §§ 212 , 213 (loans or gratuities offered to bank examiners by bank officials; acceptance of same by examiners); 18 U.”

United States v. Gary R. Walker, 947 F.2d 1439 (10th Cir. 1991). · cites it 4× “Walker, with violations of 18 U.S.C. § 212 . 1 Exercising jurisdiction pursuant to 18 U.”

United States v. Stromberg, 22 F.R.D. 513 (S.D.N.Y. 1957). · cites it 5× “The Grand Jury has found an indictment charging forty-six defendants with conspiring among themselves and with sixteen other persons not named as defendants and with divers other persons to the Grand Jury unknown to violate 18 U.S.C. § 212 (1952), 1 21 U.S.C.A. § 173 , and 21 U.”

United Union of Roofers, Waterproofers & Allied Workers, Union No. 33 v. Edwin Meese, Attorney Gen. of the United States of Am., 823 F.2d 652 (1st Cir. 1987). · cites it 2× “§ 201 (1982) (influencing public official or witness); 18 U.S.C. § 212 (1982) (gift to bank examiner); 29 U.”

United States v. Michael Locklear, 97 F.3d 196 (7th Cir. 1996). “, dissenting) (noting that “Congress has provided comprehensive criminal sanctions to protect federally insured institutions" and listing, as examples, 18 U.S.C. §§ 212 , 213 (loans or gratuities offered to bank examin *199 ers by bank officials; acceptance of same by…”

United States v. Stromberg, 179 F. Supp. 278 (S.D.N.Y. 1959). “On March 18, 1958 movants Stromberg and Teitelbaum were found guilty, with others, of having conspired to violate 18 U.S.C. § 212 and 21 U.S.C. §§ 173 and 174.”

United States v. Ryan, 365 F. Supp. 2d 338 (E.D.N.Y 2005). “, 18 U.S.C. §§ 212 , 215, 224, 1341. The fact that Congress may sometimes treat official misconduct and private misconduct differently hardly supports the irrational distinction at issue here.”

United States v. Stromberg, 268 F.2d 256 (2d Cir. 1959). “§ 371 with conspiring to violate 18 U.S.C.A. § 212 (bribery of customs officials), 21 U.”

Kupau v. United States Dep't of Labor, 597 F. Supp. 2d 1113 (D. Haw. 2009). “§ 201 (1982) (influencing public official or witness); 18 U.S.C. § 212 (1982) (gift to bank examiner); 29 U.”

United States v. Bristol, 343 F. Supp. 1262 (S.D. Tex. 1972). “Accordingly, 18 U.S.C. § 212 states that: Whoever, being an officer, director or employee of a bank which is a member of the Federal Reserve System or the deposits of which are insured by the Federal Deposit Insurance Corporation, or of any National Agricultural Credit…”

United States v. Walker, 755 F. Supp. 972 (D. Kan. 1991). · cites it 9× “12, the information filed against him upon the basis that the information fails to charge an offense pursuant to 18 U.S.C. § 212 , which prohibits an employee of a bank from “making or granting” a loan to a bank examiner who examines or has authority to examine such bank.”

United States v. Waitt, 761 F. Supp. 108 (D. Kan. 1991). · cites it 2× “Walker’s motion to dismiss on the basis that the information failed to charge an offense pursuant to 18 U.S.C. § 212 , which prohibits an employee of a bank from making or granting a loan to a bank examiner who examines or has authority to examine such bank.”

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