---
kind: "section"
citation: "18 U.S.C. § 1033"
title: "18"
title_heading: "Crimes and Criminal Procedure"
number: "1033"
heading: "Crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/18/1033"
units:
  - "Part I — Crimes"
  - "Chapter 47 — Fraud and False Statements"
---

# §1033. Crimes by or affecting persons engaged in the business of insurance whose activities affect interstate commerce

- (a)
  - (1) [Whoever](/usc/18/921.md?p=a-1) is [engaged in the business](/usc/18/921.md?p=a-21) of insurance whose activities affect interstate [commerce](/usc/18/232.md?p=2) and knowingly, with the intent to deceive, makes any false material statement or report or willfully and materially overvalues any land, property or security—
    - (A) in connection with any financial reports or documents presented to any insurance regulatory official or agency or an agent or examiner appointed by such official or agency to examine the affairs of such [person](/usc/18/229F.md?p=5), and
    - (B) for the purpose of influencing the actions of such official or agency or such an appointed agent or examiner,

    shall be punished as provided in [paragraph (2)](#a-2).

  - (2) The punishment for an offense under [paragraph (1)](#a-1) is a fine as established under this title or imprisonment for not more than 10 years, or both, except that the term of imprisonment shall be not more than 15 years if the statement or report or overvaluing of land, property, or security jeopardized the safety and soundness of an insurer and was a significant cause of such insurer being placed in conservation, rehabilitation, or liquidation by an appropriate court.
- (b)
  - (1) [Whoever](/usc/18/921.md?p=a-1)—
    - (A) acting as, or being an [officer](/usc/18/202.md?p=c), director, agent, or [employee](/usc/18/202.md?p=c) of, any [person](/usc/18/229F.md?p=5) [engaged in the business](/usc/18/921.md?p=a-21) of insurance whose activities affect interstate [commerce](/usc/18/232.md?p=2), or
    - (B) is [engaged in the business](/usc/18/921.md?p=a-21) of insurance whose activities affect interstate [commerce](/usc/18/232.md?p=2) or is involved (other than as an insured or beneficiary under a policy of insurance) in a transaction relating to the conduct of affairs of such a business,

    willfully embezzles, abstracts, purloins, or misappropriates any of the moneys, funds, premiums, credits, or other property of such [person](/usc/18/229F.md?p=5) so engaged shall be punished as provided in [paragraph (2)](#b-2).

  - (2) The punishment for an offense under [paragraph (1)](#b-1) is a fine as provided under this title or imprisonment for not more than 10 years, or both, except that if such embezzlement, abstraction, purloining, or [misappropriation](/usc/18/1839.md?p=5) described in [paragraph (1)](#b-1) jeopardized the safety and soundness of an insurer and was a significant cause of such insurer being placed in conservation, rehabilitation, or liquidation by an appropriate court, such imprisonment shall be not more than 15 years. If the amount or value so embezzled, abstracted, purloined, or misappropriated does not exceed $5,000, [whoever](/usc/18/921.md?p=a-1) violates [paragraph (1)](#b-1) shall be fined as provided in this title or imprisoned not more than one year, or both.
- (c)
  - (1) [Whoever](/usc/18/921.md?p=a-1) is [engaged in the business](/usc/18/921.md?p=a-21) of insurance and whose activities affect interstate [commerce](/usc/18/232.md?p=2) or is involved (other than as an insured or beneficiary under a policy of insurance) in a transaction relating to the conduct of affairs of such a business, knowingly makes any false entry of material fact in any book, report, or statement of such [person](/usc/18/229F.md?p=5) [engaged in the business](/usc/18/921.md?p=a-21) of insurance with intent to deceive any [person](/usc/18/229F.md?p=5), including any [officer](/usc/18/202.md?p=c), [employee](/usc/18/202.md?p=c), or agent of such [person](/usc/18/229F.md?p=5) [engaged in the business](/usc/18/921.md?p=a-21) of insurance, any insurance regulatory official or agency, or any agent or examiner appointed by such official or agency to examine the affairs of such [person](/usc/18/229F.md?p=5), about the financial condition or solvency of such business shall be punished as provided in [paragraph (2)](#c-2).
  - (2) The punishment for an offense under [paragraph (1)](#c-1) is a fine as provided under this title or imprisonment for not more than 10 years, or both, except that if the false entry in any book, report, or statement of such [person](/usc/18/229F.md?p=5) jeopardized the safety and soundness of an insurer and was a significant cause of such insurer being placed in conservation, rehabilitation, or liquidation by an appropriate court, such imprisonment shall be not more than 15 years.
- (d) [Whoever](/usc/18/921.md?p=a-1), by threats or force or by any threatening letter or communication, [corruptly](/usc/18/1515.md?p=b) influences, obstructs, or impedes or endeavors [corruptly](/usc/18/1515.md?p=b) to influence, obstruct, or impede the due and proper administration of the law under which any proceeding involving the business of insurance whose activities affect interstate [commerce](/usc/18/232.md?p=2) is pending before any insurance regulatory official or agency or any agent or examiner appointed by such official or agency to examine the affairs of a [person](/usc/18/229F.md?p=5) [engaged in the business](/usc/18/921.md?p=a-21) of insurance whose activities affect interstate [commerce](/usc/18/232.md?p=2), shall be fined as provided in this title or imprisoned not more than 10 years, or both.
- (e)
  - (1)
    - (A) Any individual who has been convicted of any criminal felony involving dishonesty or a breach of trust, or who has been convicted of an offense under this section, and who willfully engages in the business of insurance whose activities affect interstate [commerce](/usc/18/232.md?p=2) or participates in such business, shall be fined as provided in this title or imprisoned not more than 5 years, or both.
    - (B) Any individual who is [engaged in the business](/usc/18/921.md?p=a-21) of insurance whose activities affect interstate [commerce](/usc/18/232.md?p=2) and who willfully permits the participation described in [subparagraph (A)](#e-1-A) shall be fined as provided in this title or imprisoned not more than 5 years, or both.
  - (2) A [person](/usc/18/229F.md?p=5) described in [paragraph (1)(A)](#e-1-A) may engage in the business of insurance or participate in such business if such [person](/usc/18/229F.md?p=5) has the written consent of any insurance regulatory official authorized to regulate the insurer, which consent specifically refers to this subsection.
- (f) As used in this section—
  - (1) the term “business of insurance” means—
    - (A) the writing of insurance, or
    - (B) the reinsuring of risks,

    by an insurer, including all acts necessary or incidental to such writing or reinsuring and the activities of [persons](/usc/18/229F.md?p=5) who act as, or are, [officers](/usc/18/202.md?p=c), directors, agents, or [employees](/usc/18/202.md?p=c) of insurers or who are other [persons](/usc/18/229F.md?p=5) authorized to act on behalf of such [persons](/usc/18/229F.md?p=5);

  - (2) the term “insurer” means any entity the business activity of which is the writing of insurance or the reinsuring of risks, and includes any [person](/usc/18/229F.md?p=5) who acts as, or is, an [officer](/usc/18/202.md?p=c), director, agent, or [employee](/usc/18/202.md?p=c) of that business;
  - (3) the term “interstate [commerce](/usc/18/232.md?p=2)” means—
    - (A) [commerce](/usc/18/232.md?p=2) within the District of Columbia, or any territory or possession of the [United States](/usc/18/229F.md?p=9);
    - (B) all [commerce](/usc/18/232.md?p=2) between any point in the [State](/usc/18/31.md?p=a-9), territory, possession, or the District of Columbia and any point outside thereof;
    - (C) all [commerce](/usc/18/232.md?p=2) between points within the same [State](/usc/18/31.md?p=a-9) through any place outside such [State](/usc/18/31.md?p=a-9); or
    - (D) all other [commerce](/usc/18/232.md?p=2) over which the [United States](/usc/18/229F.md?p=9) has jurisdiction; and
  - (4) the term “[State](/usc/18/31.md?p=a-9)” includes any [State](/usc/18/31.md?p=a-9), the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands.

## Source credit

(Added Pub. L. 103–322, title XXXII, § 320603(a), Sept. 13, 1994, 108 Stat. 2115.)

## Notes

### Executive Documents

### Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.