2012 US Code
Title 18 - Crimes and Criminal Procedure
Part I - CRIMES (§§ 1 - 2725)
Chapter 63 - MAIL FRAUD AND OTHER FRAUD OFFENSES (§§ 1341 - 1351)
Section 1350 - Failure of corporate officers to certify financial reports

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Metadata
Publication TitleUnited States Code, 2012 Edition, Title 18 - CRIMES AND CRIMINAL PROCEDURE
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 63 - MAIL FRAUD AND OTHER FRAUD OFFENSES
Sec. 1350 - Failure of corporate officers to certify financial reports
Containssection 1350
Date2012
Laws in Effect as of DateJanuary 15, 2013
Positive LawYes
Dispositionstandard
Source CreditAdded Pub. L. 107-204, title IX, §906(a), July 30, 2002, 116 Stat. 806.
Statutes at Large Reference116 Stat. 806
Public Law ReferencePublic Law 107-204

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MAIL FRAUD AND OTHER FRAUD OFFENSES - 18 U.S.C. § 1350 (2012)
§1350. Failure of corporate officers to certify financial reports

(a) Certification of Periodic Financial Reports.—Each periodic report containing financial statements filed by an issuer with the Securities Exchange Commission pursuant to section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)) shall be accompanied by a written statement by the chief executive officer and chief financial officer (or equivalent thereof) of the issuer.

(b) Content.—The statement required under subsection (a) shall certify that the periodic report containing the financial statements fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act pf 1 1934 (15 U.S.C. 78m or 78o(d)) and that information contained in the periodic report fairly presents, in all material respects, the financial condition and results of operations of the issuer.

(c) Criminal Penalties.—Whoever—

(1) certifies any statement as set forth in subsections (a) and (b) of this section knowing that the periodic report accompanying the statement does not comport with all the requirements set forth in this section shall be fined not more than $1,000,000 or imprisoned not more than 10 years, or both; or

(2) willfully certifies any statement as set forth in subsections (a) and (b) of this section knowing that the periodic report accompanying the statement does not comport with all the requirements set forth in this section shall be fined not more than $5,000,000, or imprisoned not more than 20 years, or both.

(Added Pub. L. 107–204, title IX, §906(a), July 30, 2002, 116 Stat. 806.)

1 So in original. Probably should be “of”.

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