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958. Fraud Affecting a Financial Institution

To combat financial institution fraud, Congress enacted the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA), Pub.L. No. 101-73, which amended a number of criminal statutes, including the mail and wire fraud statutes, if the offense affects a financial institution. The term "financial institution" is defined at 18 U.S.C. § 20.

QUERY: What is the meaning of the phrase "affects a financial institution?" See United States v. Pelullo, 964 F.2d 193, 215-16 (3d Cir. 1992) (defendant's fraud against the financial institution's wholly owned subsidiary affected the parent financial institution for purposes of applying the ten-year statute of limitations to the wire fraud scheme).

[cited in Criminal Resource Manual 837; JM 9-43.100]

Updated January 21, 2020