§ 1712. Falsification of postal returns to increase compensation

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Whoever, being a Postal Service officer or employee, makes a false return, statement, or account to any officer of the United States, or makes a false entry in any record, book, or account, required by law or the rules or regulations of the Postal Service to be kept in respect of the business or operations of any post office or other branch of the Postal Service, for the purpose of fraudulently increasing his compensation or the compensation of the postmaster or any employee in a post office; or

Whoever, being a Postal Service officer or employee in any post office or station thereof, for the purpose of increasing the emoluments or compensation of his office, induces, or attempts to induce, any person to deposit mail matter in, or forward in any manner for mailing at, the office where such officer or employee is employed, knowing such matter to be properly mailable at another post office—

Shall be fined under this title or imprisoned not more than two years, or both.

(June 25, 1948, ch. 645, 62 Stat. 780; Pub. L. 91–375, § 6(j)(22), Aug. 12, 1970, 84 Stat. 779; Pub. L. 103–322, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., § 329 and on section 172 of title 39, U.S.C., 1940 ed., The Postal Service (Aug. 4, 1886, ch. 901, § 3, 24 Stat. 221; Mar. 4, 1909, ch. 321, § 206, 35 Stat. 1128; June 10, 1921, ch. 18, § 304, 42 Stat. 24).

Said sections were consolidated.

The texts of the two sections were substantially identical except that said section 172 of title 39, U.S.C., 1940 ed., provided that “whenever, upon evidence deemed satisfactory to him, the Postmaster General shall determine that any such false return has been made, he may, by order, fix absolutely the compensation of the postmaster for such special delivery during any quarter or quarters which he shall deem affected by such false return, and the General Accounting Office shall adjust the postmaster’s account accordingly”, the words “General Accounting Office” having been substituted for “Auditor” on the authority of the act of June 10, 1921, shown in the credits above.

This particular language was omitted because such powers and duties as it prescribes would devolve upon the Postmaster General without legislation and also because said section 172 of Title 39, which was derived from the act of August 4, 1886, shown in the credits above, was impliedly repealed by the general repealing clause of section 341 of the Criminal Code of 1909. Section 208 of that Code contained the provisions which formed the basis for said section 329 of Title 18.

Reference in said section 329 of title 18, U.S.C., 1940 ed., to persons assisting, causing or procuring was omitted as unnecessary in view of definition of “principal” in section 2 of this title.

Minor verbal changes were made.

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U.S. Code

19 references not yet in our index

June 25, 1948, ch. 645
62 Stat. 780
Pub. L. 91–375, § 6(j)(22)
84 Stat. 779
Pub. L. 103–322, title XXXIII, § 330016(1)(G)
108 Stat. 2147
section 172 of title 39
Aug. 4, 1886, ch. 901, § 3
24 Stat. 221
Mar. 4, 1909, ch. 321, § 206
35 Stat. 1128
June 10, 1921, ch. 18, § 304
42 Stat. 24
section 172 of Title 39
section 329 of Title 18
section 329 of title 18
Pub. L. 103–322
Pub. L. 91–375
section 15(a) of Pub. L. 91–375

Citation graph

cites case law

§ 1712

Falsification of postal returns to increase compensation

Fed. Reg.×4

U.S.C.§ 2

U.S.C.§ 101

ActJune 25, 1948, ch. 645

Stat.62 Stat. 780

Pub. L.Pub. L. 91–375, § 6(j)(22)

Stat.84 Stat. 779

Pub. L.Pub. L. 103–322, title XXXIII, § 330016(1)(G)

Cites 21 · showing 7Cited by 4 across 1 source