818. Applicability

Covered persons included in the first paragraph of 18 U.S.C. §  1005 are officers, directors, agents or employees of an insured bank. The term "connected in any capacity" does not appear in this section. In 18 U.S.C. §  1006 the covered persons are officers, agents, employees or those connected in any capacity with a savings and loan association or other described institution. While 18 U.S.C. § 1006 in its entirety is a class statute, 18 U.S.C. §  1005 has a class limitation only in its first paragraph. See Edick v. United States, 432 F.2d 350 (4th Cir. 1970). In Edick, the United States Court of Appeals for the Fourth Circuit held that the third clause of 18 U.S.C. § 1005 was not limited to the class of persons enumerated in the first clause. The court stated that in looking at comparable statutes when the Congress intended class limitations to carry through to subsequent clauses or paragraphs, it has repeated them.

[cited in JM 9-40.000]

Updated September 19, 2018