Page 18 U.S.C. 1017-Government seals wrongfully used and instruments wrongfully sealed.. 18 U.S.C. 1018-False official certificates or writings. 18 U.S.C. 1505—Obstruction of proceedings before departments, agencies, and committees.. 18 U.S.C. 1341-Use of mail to defraud or swindle. 18 U.S.C. 1621-Perjury generally..... 18 U.S.C. 1622-Subornation of perjury... 18 U.S.C. 1905-Disclosure of confidential information generally. 18 U.S.C. 1906-Disclosure of information by bank examiner. 18 U.S.C. 1909-Examiner performing other services.. 18 U.S.C. 2113-Bank robbery and incidental crimes. 90 90 18 U.S.C. 2311-Definition of securities in stolen property law. 18 U.S.C. 2314-Transportation of stolen goods, securities, monies, etc.. 92 92 18 U.S.C. 2315-Sale or receipt of stolen goods, securities, moneys, etc.. 18 U.S.C. 3056-Secret Service powers.. 93 94 12 U.S.C. 632 -Insured banks receiving property of foreign States and central banks.... 94 12 U.S.C. 265 -Depositaries of public funds, insured banks.. 95 12 U.S.C. 192-Default in payment of circulating notes, national banks. 11 U.S.C. 101 -Bankruptcy funds, deposit of. 96 97 39 U.S.C. 5215-Apportionment of Postal Savings Funds among banks. 97 98 98 98 98 15 U.S.C. 78 1(i)-Securities Acts Amendments of 1964.. 99 12 U.S.C. 371c-Section 23A of the Federal Reserve Act-Loans to or purchase of securities of affiliates; collateral acceptable. 100 12 U.S.C. 221a (b)-Section 2(b) of the Banking Act of 1933-Definition of the term "affiliate". 102 12 U.S.C. 1841-Section 2 of the Bank Holding Company Act of 1956-Definitions of "bank holding company", "subsidiary", and other terms. 12 U.S.C. 1843 (c) (1)—Section 4(c)(1) of the Bank Holding Company Act of 1956 Interests in nonbanking organizations: exemptions from divestment requirements.. 12 U.S.C. 1730 Loans secured by stock of an institution insured by the Federal Savings and Loan Insurance Corporation.. 103 104 105 BANK SERVICE CORPORATIONS; DEFINITIONS (a) The term "Federal supervisory agency" means the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, or the Board of Directors of the Federal Deposit Insurance Corporation. (b) The term "bank services" means services such as check and deposit sorting and posting, computation and posting of interest and other credits and charges, preparation and mailing of checks, statements, notices, and similar items, or any other clerical, bookkeeping, accounting, statistical, or similar functions performed for a bank. (c) The term "bank service corporation" means a corporation organized to perform bank services for two or more banks, each of which owns part of the capital stock of such corporation, and at least one of which is subject to examination by a Federal supervisory agency. (d) The term "invest" includes any advance of funds to a bank service corporation, whether by the purchase of stock, the making of a loan, or otherwise, except a payment for rent earned, goods sold and delivered, or services rendered prior to the making of such payment. (12 U.S.C. 1861) AMOUNT OF BANK INVESTMENT IN SERVICE CORPORATIONS (a) No limitation or prohibition otherwise imposed by any provision of Federal law exclusively relating to banks shall prevent any two or more banks from investing not more than 10 per centum of the paid-in and unimpaired capital and unimpaired surplus of each of them in a bank service corporation. (b) If stock in a bank service corporation has been held by two banks, and one of such banks ceases to utilize the services of the corporation and ceases to hold stock in it, and leaves the other as the sole stockholding bank, the corporation may nevertheless continue to function as such and the other bank may continue to hold stock in it. (12 U.S.C. 1862) SERVICES TO NON-STOCKHOLDING BANKS Whenever a bank (referred to in this section as an "applying bank") subject to examination by a Federal supervisory agency applies for a type of bank services for itself from a bank service corporation which supplies the same type of bank services to another bank, and the applying bank is competitive with any bank (referred to in this section as a "stockholding bank") which holds stock in such corporation, the corporation must offer to supply such services by either— (1) issuing stock to the applying bank and furnishing bank services to it on the same basis as to the other banks holding stock in the corporation, or (2) furnishing bank services to the applying bank at rates no higher than necessary to fairly reflect the cost of such services, including the reasonable cost of the capital provided to the corporation by its stockholders, at the corporation's option, unless comparable services at competitive overall cost are available to the applying bank from another source, or unless the furnishing of the services sought by the applying bank would be beyond the practical capacity of the corporation. In any action or proceeding to enforce the duty imposed by this section, or for damages for the breach thereof, the burden shall be upon the bank service corporation to show such availability. (12 U.S.C. 1863) BANK SERVICES AS ONLY PERMISSIBLE ACTIVITY No bank service corporation may engage in any activity other than the performance of bank services for banks. (12 U.S.C. 1864) REGULATION AND EXAMINATION OF SERVICES (a) No bank subject to examination by a Federal supervisory agency may cause to be performed, by contract or otherwise, any bank services for itself, whether on or off its premises, unless assurances satisfactory to the agency prescribed in subsection (b) of this section are furnished to such agency by both the bank and the party performing such services that the performance thereof will be subject to regulation and examination by such agency to the same extent as if such services were being performed by the bank itself on its own premises. (b) The assurances required by subsection (a) of this section shall be given, in the case of— (1) a national banking association or a bank operating under the code of laws for the District of Columbia, to the Comptroller of the Currency; (2) a bank (other than a bank described in paragraph (1) ) which is a member of the Federal Reserve System, to the Board of Governors of the Federal Reserve System; and (3) a bank (other than a bank described in paragraph (1) or (2)) whose deposits are insured by the Federal Deposit Insurance Corporation, to the Board of Directors of the Federal Deposit Insurance Corporation. (12 U.S.C. 1865) PRINCIPALS IN CRIMES (a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal. (b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal. (18 U.S.C. 2) BRIBERY OF PUBLIC OFFICIALS AND WITNESSES (a) For the purpose of this section: "public official" means Member of Congress, or Resident Commissioner, either before or after he has qualified, or an officer or employee or person acting for or on behalf of the United States or any department, agency or branch of Government thereof, including the District of Columbia, in any official function, under or by authority of any such department, agency, or branch of Government, or a juror; and "person who has been selected to be a public official" means any person who has been nominated or appointed to be a public official, or has been officially informed that he will be so nominated or appointed; and "official act" means any decision or action on any question, matter, cause, suit, proceeding or controversy, which may at any time be pending, or which may by law be brought before any public official, in his official capacity, or in his place of trust or profit. (b) Whoever, directly or indirectly, corruptly gives, offers or promises anything of value to any public official or person who has been selected to be a public official, or offers or promises any public official or any person who has been selected to be a public official to give anything of value to any other person or entity, with intent (1) to influence any official act; or (2) to influence such public official or person who has been selected to be a public official to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or (3) to induce such public official or such person who has been selected to be a public official to do or omit to do any act in violation of his lawful duty, or (c) Whoever, being a public official or person selected to be a public official, directly or indirectly, corruptly asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive anything of value for himself or for any other person or entity, in return for: (1) being influenced in his performance of any official act; or (2) being influenced to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or (3) being induced to do or omit to do any act in violation of his official duty; or (d) Whoever, directly or indirectly, corruptly gives, offers, or promises anything of value to any person, or offers or promises such person to give anything of value to any other person or entity, with intent to influence the testimony under oath or affirmation of such first-mentioned person as a witness upon a trial, hearing, or other proceeding, before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, or with intent to influence such person to absent himself therefrom; or (e) Whoever, directly or indirectly, corruptly asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive anything of value for himself or for any other person or entity in return for being influenced in his testimony under oath or affirmation as a witness upon any such trial, hearing, or other proceeding, or in return for absenting himself therefrom Shall be fined not more than $20,000 or three times the monetary equivalent of the thing of value, whichever is greater, or imprisoned for not more than fifteen years, or both, and may be disqualified from holding any office of honor, trust, or profit under the United States. (f) Whoever, otherwise than as provided by law for the proper discharge of official duty, directly or indirectly gives, offers, or promises anything of value to any public official, former public official, or person selected to be a public official, for or because of any official act performed or to be performed by such public official, former public official, or person selected to be a public official; or (g) Whoever, being a public official, former public official, or person selected to be a public official, otherwise than as provided by law for the proper discharge of official duty, directly or indirectly asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive anything of value for himself for or because of any official act performed or to be performed by him; or (h) Whoever, directly or indirectly, gives, offers, or promises anything of value to any person, for or because of the testimony under oath or affirmation given or to be given by such person as a witness upon a trial, hearing, or other proceeding, before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, or for or because of his absence therefrom; or (i) Whoever, directly or indirectly, asks, demands, exacts, solicits, seeks, accepts, receives, or agrees to receive anything of value for himself for or because of the testimony under oath or affirmation given or to be |