Source
(June 25, 1948, ch. 645, 62 Stat. 763; May 24, 1949, ch. 139, § 34, 63 Stat. 94; Pub. L. 91–375, § (6)(j)(11), Aug. 12, 1970, 84 Stat. 778; Pub. L. 101–73, title IX, § 961(i), Aug. 9, 1989, 103 Stat. 500; Pub. L. 101–647, title XXV, § 2504(h), Nov. 29, 1990, 104 Stat. 4861; Pub. L. 103–322, title XXV, § 250006, title XXXIII, § 330016(1)(H), Sept. 13, 1994, 108 Stat. 2087, 2147; Pub. L. 107–204, title IX, § 903(a), July 30, 2002, 116 Stat. 805; Pub. L. 110–179, § 4, Jan. 7, 2008, 121 Stat. 2557.)
Historical and Revision Notes
1948 Act
Based on title 18, U.S.C., 1940 ed., § 338 (Mar. 4, 1909, ch. 321, § 215,
35 Stat. 1130).
The obsolete argot of the underworld was deleted as suggested by Hon. Emerich B. Freed, United States district judge, in a paper read before the 1944 Judicial Conference for the sixth circuit in which he said:
A brief reference to § 1341, which proposes to reenact the present section covering the use of the mails to defraud. This section is almost a page in length, is involved, and contains a great deal of superfluous language, including such terms as “sawdust swindle, green articles, green coin, green goods and green cigars.” This section could be greatly simplified, and now-meaningless language eliminated.
The other surplusage was likewise eliminated and the section simplified without change of meaning.
A reference to causing to be placed any letter, etc. in any post office, or station thereof, etc. was omitted as unnecessary because of definition of “principal” in section
2 of this title.
1949 Act
This section [section
34] corrects a typographical error in section
1341 of title
18, U.S.C.
Amendments
2008—
Pub. L. 110–179 inserted “occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
42 U.S.C.
5122)), or” after “If the violation”.
2002—
Pub. L. 107–204 substituted “20 years” for “five years”.
1994—
Pub. L. 103–322, § 330016(1)(H), substituted “fined under this title” for “fined not more than $1,000” after “thing, shall be”.
Pub. L. 103–322, § 250006, inserted “or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier,” after “Postal Service,” and “or such carrier” after “causes to be delivered by mail”.
1990—
Pub. L. 101–647 substituted “30” for “20” before “years”.
1989—
Pub. L. 101–73 inserted at end “If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 20 years, or both.”
1970—
Pub. L. 91–375 substituted “Postal Service” for “Post Office Department”.
1949—Act May 24, 1949, substituted “of” for “or” after “dispose”.
Effective Date of 1970 Amendment
Amendment by
Pub. L. 91–375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of
Pub. L. 91–375, set out as an Effective Date note preceding section
101 of Title
39, Postal Service.
Short Title of 2002 Amendment
Pub. L. 107–204, title IX, § 901, July 30, 2002,
116 Stat. 804, provided that: “This title [enacting sections
1349 and
1350 of this title, amending this section, section
1343 of this title, and section
1131 of Title
29, Labor, and enacting provisions set out as notes under section
994 of Title
28, Judiciary and Judicial Procedure] may be cited as the ‘White-Collar Crime Penalty Enhancement Act of 2002’.”