18 USC § 658 - Property mortgaged or pledged to farm credit agencies

Whoever, with intent to defraud, knowingly conceals, removes, disposes of, or converts to his own use or to that of another, any property mortgaged or pledged to, or held by, the Farm Credit Administration, any Federal intermediate credit bank, or the Federal Crop Insurance Corporation, the Secretary of Agriculture acting through the Farmers Home Administration or successor agency, the Rural Development Administration or successor agency, any production credit association organized under sections 1131–1134m of Title 12, any regional agricultural credit corporation, or any bank for cooperatives, shall be fined under this title or imprisoned not more than five years, or both; but if the value of such property does not exceed $1,000, he shall be fined under this title or imprisoned not more than one year, or both.

Source

(June 25, 1948, ch. 645, 62 Stat. 729; May 24, 1949, ch. 139, § 12,63 Stat. 91; Oct. 31, 1951, ch. 655, § 21,65 Stat. 718; July 26, 1956, ch. 741, title I, § 109,70 Stat. 667; Pub. L. 87–353, § 3(r),Oct. 4, 1961, 75 Stat. 774; Pub. L. 101–624, title XXIII, § 2303(e),Nov. 28, 1990, 104 Stat. 3981; Pub. L. 103–322, title XXXIII, §§ 330004(7), 330016(1)(H), (K),Sept. 13, 1994, 108 Stat. 2141, 2147; Pub. L. 104–294, title VI, § 606(a),Oct. 11, 1996, 110 Stat. 3511; Pub. L. 106–78, title VII, § 767,Oct. 22, 1999, 113 Stat. 1174.)

Historical and Revision Notes

1948 Act

Based on sections 1026 (c) and 1514 (d) of title 7, U.S.C., 1940 ed., Agriculture, and section 1138d (d) of title 12, U.S.C., 1940 ed., Banks and Banking (June 16, 1933, ch. 98, § 64,48 Stat. 269; Jan. 31, 1934, ch. 7, § 13,48 Stat. 347; July 22, 1937, ch. 517, title IV, § 52(c),50 Stat. 532; Feb. 16, 1938, ch. 30, title V, § 514(d),52 Stat. 76; Aug. 14, 1946, ch. 964, § 3,60 Stat. 1064).

To avoid reference to another section the words “the Farm Credit Administration, any Federal intermediate credit bank, the Federal Farm Mortgage Corporation, Federal Crop Insurance Corporation, Farmers’ Home Corporation, or any production credit corporation or corporation in which a production credit corporation holds stock, any regional agricultural credit corporation, or any bank for cooperatives” were substituted for the words “or any corporation referred to in subsection (a) of this section.”

The punishment provision was completely rewritten. The $2,000 fine of section 1026 (c) of title 7, U.S.C., 1940 ed., and the 2-year penalty of that section, section 1514 (d) of title 7, U.S.C., 1940 ed., and section 1138 (d) of title 12, U.S.C., 1940 ed., were incongruous in juxtaposition with other sections of this chapter and were therefore increased to $5,000 and 5 years. (See sections 656 and 657 of this title.)

The smaller punishment for an offense involving $100 or less was added. (See reviser’s notes under sections 641 and 645 of this title.)

Minor changes were made in phraseology.

1949 Act

[Section 12] conforms section 658 of title 18 U.S.C., to administrative practice which in turn was modified to comply with congressional policy. (See note to sec. 11 [of 1949 Act, set out in Legislative History note under section 657 of title 18]).

References in Text

Section 1131 of Title 12, included within the reference to sections 1131 to 1134m of Title 12, was repealed by Pub. L. 89–554, § 8(a),Sept. 6, 1966, 80 Stat. 648.

Sections 1131a, 1131c to 1131g, 1131g–2 to 1131i, 1134 to 1134m of Title 12, included within the reference to sections 1131 to 1134m of Title 12, were repealed by Pub. L. 92–181, title V, § 5.26(a),Dec. 10, 1971, 85 Stat. 624.

Sections 1131a–1 and 1131j of Title 12, included within the reference to sections 1131 to 1134m of Title 12, are omitted from the Code. Section 1131a–1 of Title 12, was from the Department of Agriculture and Farm Credit Administration Appropriation Act, 1957, and was not repeated in subsequent appropriation acts. Section 1131j was covered by former section 1131g–2 of Title 12, prior to its repeal by Pub. L. 92–181, title V, § 5.26(a),Dec. 10, 1971, 85 Stat. 624.

Sections 1131b and 1131g–1 of Title 12, included within the reference to sections 1131 to 1134m of Title 12, were repealed by act July 26, 1956, ch. 741, title 1, § 105(c), (q),70 Stat. 665, 666.

Amendments

1999—Pub. L. 106–78inserted “or successor agency” after “Farmers Home Administration” and after “Rural Development Administration”.

1996—Pub. L. 104–294substituted “$1,000” for “$100”.

1994—Pub. L. 103–322, § 330016(1)(H), (K), substituted “fined under this title” for “fined not more than $5,000” after “cooperatives, shall be” and for “fined not more than $1,000” after “he shall be”.

Pub. L. 103–322, § 330004(7), struck out “Farmers’ Home Corporation,” after “Crop Insurance Corporation,”.

1990—Pub. L. 101–624substituted “Farmers Home Administration, the Rural Development Administration” for “Farmers’ Home Administration”.

1961—Pub. L. 87–353struck out reference to the Federal Farm Mortgage Corporation.

1956—Act July 26, 1956, struck out property of any production credit association in which a Production Credit Corporation holds stock.

1951—Act Oct. 31, 1951, covered all production credit associations instead of only those in which a Production Credit Corporation holds stock.

1949—Act May 24, 1949, made section applicable to the Secretary of Agriculture acting through the Farmers’ Home Administration.

Effective Date of 1956 Amendment

Amendment by act July 26, 1956, effective January 1, 1957, see section 202(a) of act July 26, 1956.

Exceptions From Transfer of Functions

Functions of Corporations of Department of Agriculture; boards of directors and officers of such corporations; Advisory Board of Commodity Credit Corporation; and Farm Credit Administration or any agency, officer, or entity of, under, or subject to supervision of said Administration excepted from functions of officers, agencies, and employees transferred to Secretary of Agriculture by Reorg. Plan No. 2 of 1953, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to Title 5, Government Organization and Employees.

Farm Credit Administration

Establishment of Farm Credit Administration as independent agency, and other changes in status, functions, etc., see Ex. Ord. No. 6084 set out preceding section 2241 of Title 12, Banks and Banking. See also section 2001 et seq. of Title 12.