Notes on 18 U.S.C. § 492 : US Code - Notes

Search Notes on 18 U.S.C. § 492 : US Code - Notes

(June 25, 1948, ch. 645, 62 Stat. 710; Pub. L. 107-273, div. B,
title IV, Sec. 4002(d)(1)(A), Nov. 2, 2002, 116 Stat. 1809.)
HISTORICAL AND REVISION NOTES
Based on title 18, U.S.C., 1940 ed., Sec. 286 (Mar. 4, 1909, ch.
321, Sec. 172, 35 Stat. 1121; Jan. 27, 1938, ch. 10, Sec. 4, 52
Stat. 7).
Section was materially shortened through merger of former third
and fourth sentences with present first and second paragraphs by
extending latter to include "articles, devices, and other things".
This necessitated many insertions and deletions in the first two
paragraphs, which, however, did not affect the substance of the
section.
A reference in the former third sentence to violations of certain
sections was broadened to read "in violation of this chapter or of
sections 331-333, 335-336, 642, 1720, of this title" and
incorporated in the first paragraph. This translation extends for
the first time the provisions of this section to subject matter of
sections 493-496, 498, 499, 504-509 of this title. All of the
sections covered by the original reference in this section are
represented in the translation except section 261, now section 8 of
this title, and section 287 of title 18, U.S.C., 1940 ed., which
were omitted therefrom as unnecessary, since the former is
definitive and the latter related to procedure only, and is
superseded by rule 41(a), (b) of the Federal Rules of Criminal
Procedure.
The revised section was so written as to limit the authority of
the Secretary of the Treasury to forfeitures within the enforcement
powers of the Treasury Department, which advises that it does not
investigate counterfeiting offenses not involving coins, currency,
or Government obligations and securities. The Attorney General is
the appropriate officer to remit or mitigate other forfeitures.
Changes in phraseology were also made.
AMENDMENTS
2002 - Pub. L. 107-273 substituted "under this title" for "not
more than $100" in second par.